Substitute Senate Bill No. 426
Substitute Senate Bill No. 426
PUBLIC ACT NO. 98-247
AN ACT CONCERNING LICENSURE AND CERTIFICATION OF
ALCOHOL AND DRUG COUNSELORS, CONTINUING EDUCATION
FOR SOCIAL WORKERS AND NURSING HOME SOCIAL
WORKERS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 1 of public act 97-186 is
repealed and the following is substituted in lieu
thereof:
For purposes of [this act] SUBDIVISION (18)
OF SUBSECTION (c) OF SECTION 19a-14, AS AMENDED BY
THIS ACT, AND SECTIONS 1 TO 9, INCLUSIVE, OF
PUBLIC ACT 97-186, AS AMENDED BY THIS ACT:
(1) "Commissioner" means the Commissioner of
Public Health;
(2) "Licensed alcohol and drug counselor"
means a person [who meets the requirements of
subsection (c) of section 2 of this act or
subsection (a) of section 4 of this act;
(3) "Licensed associate alcohol and drug
counselor" means a person who meets the
requirements of subsection (d) of section 2 of
this act or subsection (b) of section 4 of this
act] LICENSED UNDER THE PROVISIONS OF SECTIONS 1
TO 9, INCLUSIVE, OF PUBLIC ACT 97-186, AS AMENDED
BY THIS ACT;
(3) "CERTIFIED ALCOHOL AND DRUG COUNSELOR"
MEANS A PERSON CERTIFIED UNDER THE PROVISIONS OF
SECTIONS 1 TO 9, INCLUSIVE, OF PUBLIC ACT 97-186,
AS AMENDED BY THIS ACT;
(4) "Practice of alcohol and drug counseling"
means the professional application of methods that
assist an individual or group to develop an
understanding of alcohol and drug dependency
problems, define goals, and plan action reflecting
the individual's or group's interest, abilities
and needs as affected by alcohol and drug
dependency problems;
(5) "Private practice of alcohol and drug
counseling" means the independent practice of
alcohol and drug counseling by a licensed OR
CERTIFIED alcohol and drug counselor who is
self-employed on a full-time or part-time basis
and who is responsible for that independent
practice;
(6) "Self-help group" means a voluntary group
of persons who offer peer support to each other in
recovering from an addiction; and
(7) "Supervision" means the [direct review of
a person for the purpose of teaching, training,
administering, accountability or clinical review
by a supervisor in the same area of specialized
practice] REGULAR ON-SITE OBSERVATION OF THE
FUNCTIONS AND ACTIVITIES OF AN ALCOHOL AND DRUG
COUNSELOR IN THE PERFORMANCE OF HIS DUTIES AND
RESPONSIBILITIES TO INCLUDE A REVIEW OF THE
RECORDS, REPORTS, TREATMENT PLANS OR
RECOMMENDATIONS DEVELOPED BY A LICENSED ALCOHOL
AND DRUG COUNSELOR WITH RESPECT TO AN INDIVIDUAL
OR GROUP.
Sec. 2. Section 2 of public act 97-186 is
repealed and the following is substituted in lieu
thereof:
(a) Except as provided in section 9 of [this
act] PUBLIC ACT 97-186, AS AMENDED BY THIS ACT, no
person shall engage in the practice of alcohol and
drug counseling unless licensed as [either] a
licensed alcohol and drug counselor pursuant to
subsection (c) of this section or [a licensed
associate] CERTIFIED AS A CERTIFIED alcohol and
drug counselor pursuant to subsection (d) of this
section.
(b) Except as provided in section 9 of [this
act] PUBLIC ACT 97-186, AS AMENDED BY THIS ACT, no
person shall engage in the private practice of
alcohol and drug counseling [for a fee] unless (1)
licensed as a licensed alcohol and drug counselor
pursuant to subsection (c) of this section, or (2)
[licensed as an associate] CERTIFIED AS A
CERTIFIED alcohol and drug counselor pursuant to
subsection (d) of this section and PRACTICING
under the supervision of a licensed alcohol and
drug counselor.
(c) To be eligible for licensure as a
licensed alcohol and drug counselor, an applicant
shall (1) have attained a master's degree from an
accredited institution of higher education with a
minimum of eighteen graduate semester hours in
counseling or counseling-related subjects, EXCEPT
THAT APPLICANTS HOLDING CERTIFIED CLINICAL
SUPERVISOR STATUS BY THE CONNECTICUT CERTIFICATION
BOARD, INC. AS OF OCTOBER 1, 1998, MAY SUBSTITUTE
SUCH CERTIFICATION IN LIEU OF THE MASTER'S DEGREE
REQUIREMENT, and (2) be [licensed,] CERTIFIED or
have met all the requirements for [licensure,]
CERTIFICATION as a [licensed associate] CERTIFIED
alcohol and drug counselor.
(d) To be eligible for [licensure]
CERTIFICATION BY THE DEPARTMENT OF PUBLIC HEALTH
as a [licensed associate] CERTIFIED alcohol and
drug counselor, an applicant shall have (1)
completed three hundred hours of supervised
practical training in alcohol and drug counseling
that the commissioner deems acceptable; (2)
completed three years of supervised paid work
experience or unpaid internship that the
commissioner deems acceptable that entailed
working directly with alcohol and drug clients,
except that a master's degree may be substituted
for one year of such experience; (3) completed
three hundred sixty hours of commissioner-approved
education, at least two hundred forty hours of
which relates to the knowledge and skill base
associated with the practice of alcohol and drug
counseling; [(4) successfully completed an oral
examination on the applicant's written case
presentation; and (5)] AND (4) successfully
completed a [written examination provided by the
commissioner, which may be a written examination
administered by a nationally recognized alcohol
and drug counseling certification organization]
DEPARTMENT PRESCRIBED EXAMINATION.
(e) FOR INDIVIDUALS APPLYING FOR
CERTIFICATION AS AN ALCOHOL AND DRUG COUNSELOR BY
THE DEPARTMENT OF PUBLIC HEALTH PRIOR TO OCTOBER
1, 1998, CURRENT CERTIFICATION BY THE DEPARTMENT
OF MENTAL HEALTH AND ADDICTION SERVICES MAY BE
SUBSTITUTED FOR THE CERTIFICATION REQUIREMENTS OF
SUBSECTION (d) OF THIS SECTION.
Sec. 3. Section 3 of public act 97-186 is
repealed and the following is substituted in lieu
thereof:
(a) The commissioner shall grant a license as
a alcohol and drug counselor to any applicant who
furnishes satisfactory evidence that he has met
the requirements of subsection (c) of section 2 or
section 5 of [this act] PUBLIC ACT 97-186, AS
AMENDED BY THIS ACT. The commissioner shall
develop and provide application forms. The
application fee shall be [two] ONE hundred fifty
dollars.
(b) [Renewal of a license issued under
subsection (a) of this section may be made
annually pursuant to section 19a-88 of the general
statutes] A LICENSE AS AN ALCOHOL AND DRUG
COUNSELOR SHALL BE RENEWED IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 19a-88, as amended by
section 10 of [this act] PUBLIC ACT 97-186, AS
AMENDED BY THIS ACT, for a fee of [two] ONE
hundred fifty dollars. [and upon presentation by
the renewal applicant of evidence satisfactory to
the commissioner of completion of any continuing
education requirements established pursuant to
section 7 of this act.]
(c) The commissioner shall grant [a license
as an associate] CERTIFICATION AS A CERTIFIED
alcohol and drug counselor to any applicant who
furnishes satisfactory evidence that he has met
the requirements of subsection (d) of section 2 or
section 5 of [this act] PUBLIC ACT 97-186, AS
AMENDED BY THIS ACT. The commissioner shall
develop and provide application forms. The
application fee shall be [two] ONE hundred fifty
dollars.
[(d) Renewal of a license issued under
subsection (c) of this section may be made
annually pursuant to section 19a-88 of the general
statutes, as amended by section 10 of this act,
for a fee of two hundred fifty dollars and upon
presentation by the renewal applicant of evidence
satisfactory to the commissioner of completion of
any continuing education requirements established
pursuant to section 7 of this act.]
(d) A CERTIFICATE AS AN ALCOHOL AND DRUG
COUNSELOR MAY BE RENEWED IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 19a-88, AS AMENDED BY
SECTION 10 OF PUBLIC ACT 97-186, AND THIS ACT FOR
A FEE OF ONE HUNDRED FIFTY DOLLARS.
(e) The commissioner may contract with a
qualified private organization for services that
include (1) providing verification that applicants
for licensure OR CERTIFICATION have met the
education, training and work experience
requirements under [this act] SECTIONS 1 TO 9,
INCLUSIVE, OF PUBLIC ACT 97-186, AS AMENDED BY
THIS ACT; and (2) any other services that the
commissioner may deem necessary.
Sec. 4. Section 4 of public act 97-186 is
repealed and the following is substituted in lieu
thereof:
(a) Any person who has attained a master's
level degree and is certified by the Department of
Mental Health and Addiction Services as a
substance abuse counselor on October 1, [1997]
1998, shall be deemed a licensed alcohol and drug
counselor. Any person so deemed shall [be
considered licensed until October 1, 1998, and
shall, in order to remain licensed,] renew his
license pursuant to section 19a-88 of the general
statutes, as amended by section 10 of [this act]
PUBLIC ACT 97-186 AND THIS ACT, for a fee of [two]
ONE hundred fifty dollars. [and upon presentation
by the renewal applicant of evidence satisfactory
to the commissioner of completion of any
continuing education requirements established
pursuant to section 7 of this act.]
(b) Any person who has not attained a
master's level degree and is certified by the
Department of Mental Health and [Addition]
ADDICTION Services as a substance abuse counselor
on October 1, [1997] 1998, shall be deemed a
[licensed associate] CERTIFIED alcohol and drug
counselor. Any person so deemed shall [be
considered licensed until October 1, 1998, and
shall, in order to remain licensed, renew his
license] RENEW HIS CERTIFICATION pursuant to
section 19a-88 of the general statutes, as amended
by section 10 of [this act] PUBLIC ACT 97-186 AND
THIS ACT, for a fee of [two] ONE hundred fifty
dollars. [and upon presentation by the renewal
applicant of evidence satisfactory to the
commissioner of completion of any continuing
education requirements established pursuant to
section 7 of this act.]
(c) Any person who is not certified by the
Department of Mental Health and Addiction Services
as a substance abuse counselor on [October 1,
1997] JULY 1, 1998, who (1) documents to the
department that he has a minimum of five years
full-time or eight years part-time paid work
experience, under supervision, as an alcohol and
drug counselor, and (2) successfully passes a
commissioner-approved [written] examination no
later than [October 1, 1998] JULY 1, 1999, shall
be deemed a [licensed associate] CERTIFIED alcohol
and drug counselor. Any person so deemed shall [be
considered licensed until October 1, 1999, and
shall, in order to remain licensed, renew his
license] RENEW HIS CERTIFICATION pursuant to
section 19a-88 of the general statutes, as amended
by section 10 of [this act] PUBLIC ACT 97-186 AND
THIS ACT, for a fee of [two] ONE hundred fifty
dollars. [and upon presentation by the renewal
applicant of evidence satisfactory to the
commissioner of completion of any continuing
education requirements established pursuant to
section 7 of this act.]
Sec. 5. Section 5 of public act 97-186 is
repealed and the following is substituted in lieu
thereof:
The commissioner may [grant a license]
LICENSE OR CERTIFY without examination [to] any
applicant who, at the time of application, is
licensed or certified by a governmental agency or
private organization located in another state,
territory or jurisdiction whose standards, in the
opinion of the commissioner, are substantially
similar to, or higher than, those of this state.
Sec. 6. Section 6 of public act 97-186 is
repealed and the following is substituted in lieu
thereof:
No person shall assume, represent himself as,
or use the title or designation "alcoholism
counselor", "alcohol counselor", "alcohol and drug
counselor", "alcoholism and drug counselor",
"licensed clinical alcohol and drug counselor",
"licensed alcohol and drug counselor", "licensed
associate alcohol and drug counselor", "certified
alcohol and drug counselor", "chemical dependency
counselor", "chemical dependency supervisor" or
any of the abbreviations for such titles, unless
licensed OR CERTIFIED under section 3 or SECTION 4
of [this act] PUBLIC ACT 97-186, AS AMENDED BY
THIS ACT, and unless the title or designation
corresponds to the license OR CERTIFICATION held.
Sec. 7. Section 7 of public act 97-186 is
repealed and the following is substituted in lieu
thereof:
[(a) The commissioner shall:
(1) Examine and pass on the qualifications of
all licensure applicants;
(2) Establish professional practice standards
for licensed alcohol and drug counselors and
licensed associate alcohol and drug counselors;
(3) Establish standards for the continuing
education of licensed alcohol and drug counselors
and licensed associate alcohol and drug
counselors, which shall not exceed forty hours
every two years;
(4) Examine, evaluate and supervise all
examinations and procedures as to whether or not
the examinations and procedures are as free as
possible from cultural and linguistic bias; and
(5) Annually publish a list of names and
addresses of all licensed alcohol and drug
counselors and licensed associate alcohol and drug
counselors who are licensed by the commissioner
under this act.]
[(b)] The commissioner shall adopt
regulations, in accordance with chapter 54 of the
general statutes, to implement provisions of [this
act] SECTIONS 1 TO 9, INCLUSIVE, OF PUBLIC ACT
97-186, AS AMENDED BY THIS ACT.
Sec. 8. Section 8 of public act 97-186 is
repealed and the following is substituted in lieu
thereof:
[(a) The commissioner may conduct
investigations and take disciplinary action for
any of the following reasons: (1) Violation of any
of the provisions of this act or of any regulation
adopted thereunder or refusal to comply with any
such provision or regulation; (2) fraud or
material deception in obtaining a license; (3)
conviction of a felony; or (4) negligent,
incompetent or wrongful conduct in the practice of
alcohol and drug counseling.
(b) The commissioner may take any of the
following actions for cause as set forth in
subsection (a) of this section: (1) License
revocation; (2) license suspension; (3) issuance
of a letter of reprimand; or (4) placement of a
licensee on probationary status.] THE COMMISSIONER
MAY SUSPEND, REVOKE OR REFUSE TO ISSUE A LICENSE
IN CIRCUMSTANCES THAT HAVE ENDANGERED OR ARE
LIKELY TO ENDANGER THE HEALTH, WELFARE OR SAFETY
OF THE PUBLIC.
Sec. 9. Section 9 of public act 97-186 is
repealed and the following is substituted in lieu
thereof:
(a) Nothing in [this act] SECTIONS 1 TO 9,
INCLUSIVE, OF PUBLIC ACT 97-186 shall be construed
to apply to the activities and services of a
rabbi, priest, minister, Christian Science
practitioner or clergyman of any religious
denomination or sect, when engaging in activities
that are within the scope of the performance of
the person's regular or specialized ministerial
duties and for which no separate charge is made,
or when these activities are performed, with or
without charge, for or under the auspices or
sponsorship, individually or in conjunction with
others, of an established and legally cognizable
church, denomination or sect, and when the person
rendering services remains accountable to the
established authority thereof.
(b) Nothing in [this act] SECTIONS 1 TO 9,
INCLUSIVE, OF PUBLIC ACT 97-186 shall be construed
to apply to the activities and services of a
person licensed or certified in this state to
practice medicine and surgery, psychology,
[marriage counseling, social work] MARITAL AND
FAMILY THERAPY, clinical social work,
chiropractic, acupuncture, physical therapy,
occupational therapy, [speech pathology and
audiology,] nursing or any other profession
licensed or certified by the state, when acting
within the scope of the person's profession or
occupation and doing work of a nature consistent
with a person's training, provided the person does
not hold himself out to the public as possessing a
license OR CERTIFICATION issued pursuant to [this
act] SECTIONS 1 TO 9, INCLUSIVE, OF PUBLIC ACT
97-186.
(c) Nothing in [this act] SECTIONS 1 TO 9,
INCLUSIVE, OF PUBLIC ACT 97-186 shall be construed
to apply to the activities and services of a
student intern or trainee in alcohol and drug
counseling who is pursuing a course of study in an
accredited institution of higher education or
[commissioner-approved] training course, provided
these activities are performed under supervision
and constitute a part of [a commissioner-approved]
AN ACCREDITED course of study, AND PROVIDED
FURTHER THE PERSON IS DESIGNATED AS AN INTERN OR
TRAINEE OR OTHER SUCH TITLE INDICATING THE
TRAINING STATUS APPROPRIATE TO HIS LEVEL OF
TRAINING.
(d) NOTHING IN THIS ACT SHALL BE CONSTRUED TO
APPLY TO ANY ALCOHOL AND DRUG COUNSELOR OR
SUBSTANCE ABUSE COUNSELOR EMPLOYED BY THE STATE.
[(d)] (e) Nothing in [this act] SECTIONS 1 TO
9, INCLUSIVE, OF PUBLIC ACT 97-186 shall be
construed to apply to the activities and services
of paid alcohol and drug counselors who are
working under supervision OR UNCOMPENSATED ALCOHOL
AND DRUG ABUSE SELF-HELP GROUPS, INCLUDING, BUT
NOT LIMITED TO, ALCOHOLICS ANONYMOUS AND NARCOTICS
ANONYMOUS.
[(e) Nothing in this act shall be construed
to prevent a person from engaging in or offering
self-help or other uncompensated alcohol and drug
counseling assistance.]
Sec. 10. Subsection (c) of section 19a-14 of
the general statutes, as amended by section 11 of
public act 97-186 and section 7 of public act
97-311, is repealed and the following is
substituted in lieu thereof:
(c) No board shall exist for the following
professions which are licensed or otherwise
regulated by the Department of Public Health:
(1) Speech pathologist and audiologist;
(2) Hearing aid dealer;
(3) Nursing home administrator;
(4) Sanitarian;
(5) Subsurface sewage system installer or
cleaner;
(6) Marital and family therapist;
(7) Nurse-midwife;
(8) Licensed clinical social worker;
(9) Respiratory care practitioner;
(10) Asbestos contractor and asbestos
consultant;
(11) Massage therapist;
(12) Registered nurse's aide;
(13) Radiographer;
(14) Dental hygienist;
(15) Dietitian-Nutritionist;
(16) Asbestos abatement worker;
(17) Asbestos abatement site supervisor;
(18) Licensed or [associate licensed]
CERTIFIED alcohol and drug counselor; and
(19) Professional counselor.
The department shall assume all powers and duties
normally vested with a board in administering
regulatory jurisdiction over said professions. The
uniform provisions of this chapter and chapters
368v, 369 to 381, inclusive, 383 to 388,
inclusive, 393a, 395, 398, 399 and 400a, including
but not limited to standards for entry and
renewal; grounds for professional discipline;
receiving and processing complaints; and
disciplinary sanctions, shall apply, except as
otherwise provided by law, to the professions
listed in this subsection.
Sec. 11. Subsection (e) of section 19a-88 of
the general statutes, as amended by section 10 of
public act 97-186 and sections 8 and 16 of public
act 97-311, is repealed and the following is
substituted in lieu thereof:
(e) Each person holding a license or
certificate issued under [this act] SECTIONS 1 TO
9, INCLUSIVE, OF PUBLIC ACT 97-186, AS AMENDED BY
THIS ACT, sections 3 and 11 of [this act] PUBLIC
ACT 97-311, section 19a-514 and chapters 370 to
373, inclusive, 375, 378 to 381a, inclusive, 383
to 388, inclusive, 393a, 395, 398, 399 or 400a and
section 20-206n or 20-206o shall, annually, during
the month of his birth, apply for renewal of such
license or certificate to the Department of Public
Health, giving his name in full, his residence and
business address and such other information as the
department requests. Each person holding a license
or certificate issued pursuant to section 20-475
or 20-476 shall, annually, during the month of his
birth apply for renewal of such license or
certificate to the department. Each entity holding
a license issued pursuant to section 20-475 shall,
annually, during the anniversary month of initial
licensure, apply for renewal of such license or
certificate to the department.
Sec. 12. (a) Sections 20-74o to 20-74r,
inclusive, of the general statutes are repealed.
(b) In codifying the provisions of this
section, the Legislative Commissioners shall
delete the reference to the sections repealed by
subsection (a) of this section that appears in
section 17a-450a of the general statutes.
Sec. 13. Section 20-195q of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) No persons, except those licensed
pursuant to this chapter, shall (1) use the title
"licensed clinical social worker" or any initials
associated with such titles, or (2) advertise
services under the description of a licensed
clinical social worker as defined in section
20-195m.
(b) Nothing in this section shall prohibit:
(1) A student enrolled in a doctoral or master's
degree program accredited by the Council on Social
Work Education from performing such work as is
incidental to his course of study, provided such
person is designated by a title which clearly
indicates his status as a student; (2) a person
holding a doctoral or master's degree from a
program accredited by the Council on Social Work
Education from gaining social work experience
under professional supervision, provided such
activities are necessary to satisfy the work
experience required by section 20-195n and such
person is designated as "social work intern",
"social work trainee" or other title clearly
indicating the status appropriate to his level of
training; (3) a person licensed or certified in
this state in a field other than clinical social
work from practicing within the scope of such
license or certification; [or] (4) a person
enrolled in an educational program or fulfilling
other state requirements leading to licensure or
certification in a field other than social work
from engaging in work in such other field; OR (5)
A PERSON WHO IS EMPLOYED OR RETAINED AS A SOCIAL
WORK DESIGNEE, SOCIAL WORKER, OR SOCIAL WORK
CONSULTANT BY A NURSING HOME OR REST HOME LICENSED
UNDER SECTION 19a-490 AND WHO MEETS THE
QUALIFICATIONS PRESCRIBED BY THE DEPARTMENT IN ITS
REGULATIONS FROM PERFORMING THE DUTIES REQUIRED OF
THEM IN ACCORDANCE WITH STATE AND FEDERAL LAWS
GOVERNING THOSE DUTIES.
Sec. 14. Section 20-195o of the general
statutes, as amended by section 10 of public act
97-213, is repealed and the following is
substituted in lieu thereof:
(a) Application for licensure shall be on
forms prescribed and furnished by the
commissioner. Each applicant shall furnish
evidence satisfactory to the commissioner that he
has met the requirements of section 20-195n. The
application fee shall be two hundred fifty
dollars.
(b) Notwithstanding the provisions of section
20-195n concerning examinations, the commissioner
may issue a license without examination, prior to
January 1, 1998, to any applicant who offers proof
to the satisfaction of the commissioner that he
met the requirements of subdivisions (1) and (2)
of section 20-195n and was an employee of the
federal government with not less than three
thousand hours postmaster's social work experience
prior to October 1, 1986.
(c) Each person licensed pursuant to this
chapter [shall annually] MAY apply for renewal of
such licensure in accordance with the provisions
of subsection (e) of section 19a-88. A fee of one
hundred fifty dollars shall accompany each renewal
application. EACH SUCH APPLICANT SHALL FURNISH
EVIDENCE SATISFACTORY TO THE COMMISSIONER OF
HAVING PARTICIPATED IN CONTINUING EDUCATION. THE
COMMISSIONER SHALL ADOPT REGULATIONS IN ACCORDANCE
WITH CHAPTER 54 TO (1) DEFINE BASIC REQUIREMENTS
FOR CONTINUING EDUCATION PROGRAMS, (2) DELINEATE
QUALIFYING PROGRAMS, (3) ESTABLISH A SYSTEM OF
CONTROL AND REPORTING, AND (4) PROVIDE FOR WAIVER
OF THE CONTINUING EDUCATION REQUIREMENT FOR GOOD
CAUSE.
Approved June 8, 1998