Chapter 402
S.P. 659 - L.D. 1842
PART U
Sec. U-1. 32 MRSA §6203, as amended by PL 2003, c. 347, §§1 to 4 and affected by §25 and amended by c. 689, Pt. B, §6, is repealed.
Sec. U-2. 32 MRSA §6203-A is enacted to read:
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
1. Agency.
"Agency" means an establishment, organization or institution, public or private, that is licensed by the Department of Health and Human Services and that offers, purports to offer, maintains or operates one or more programs for the assessment, diagnosis, care, treatment or rehabilitation of individuals who are suffering physically, emotionally or psychologically from the abuse of alcohol or other drugs.
2. Alcohol and drug counseling aide.
"Alcohol and drug counseling aide" means an individual who is licensed by the board to engage in an apprenticeship for the purpose of acquiring knowledge and experience in the performance of alcohol and drug counseling services, including but not limited to knowledge of ethical standards. An alcohol and drug counseling aide may facilitate individual and direct group counseling or assume other facilitation duties under supervision and may supervise nonclinical activities. An alcohol and drug counseling aide may write treatment chart notations when the notations are cosigned by a certified clinical supervisor. All work performed must be under the supervision of a certified clinical supervisor. An alcohol and drug counseling aide may not engage in independent or private practice. All work associated with the apprenticeship may be conducted only in an agency.
3. Alcohol and drug counseling services.
"Alcohol and drug counseling services" are those counseling services offered for a fee, monetary or otherwise, as part of the treatment and rehabilitation of persons abusing alcohol or other drugs. The purpose of alcohol and drug counseling services is to help individuals, families and groups confront and resolve problems caused by the abuse of alcohol or other drugs. Alcohol and drug counseling services are the 12 core functions defined by rule of the board.
4. Board.
"Board" means the State Board of Alcohol and Drug Counselors.
5. Certified alcohol and drug counselor.
"Certified alcohol and drug counselor" means an individual who provides individual or group alcohol and drug counseling services unaided and who meets the criteria established in section 6214-C. A certified alcohol and drug counselor may not engage in independent or private practice. All work performed must be under the supervision of a certified clinical supervisor within an agency.
6. Certified clinical supervisor.
"Certified clinical supervisor" means an individual who is licensed by the board to provide supervision to individuals who provide alcohol and drug counseling services as required by this chapter. For the purposes of this subsection, "supervision" includes, but is not limited to, oversight of case record reviews, case management, development of counseling skills, education and treatment modalities, clinical supervision log maintenance and client treatment plans and activities.
7. Consumer of alcohol and drug counseling services.
"Consumer of alcohol and drug counseling services" means a person affected by or recovering from alcoholism or other drug abuse.
8. Inactive alcohol and drug counselor.
"Inactive alcohol and drug counselor" means a person who is licensed to provide alcohol and drug counseling services and who applies to the board for an inactive license under section 6219-B.
9. Licensed alcohol and drug counselor.
"Licensed alcohol and drug counselor" means an individual who provides individual or group alcohol and drug counseling services independently within an agency or in private practice and who meets the criteria established in section 6214-D. A licensed alcohol and drug counselor may also assume clinical supervision duties upon being licensed by the board as a certified clinical supervisor.
Sec. U-3. 32 MRSA §6204, as amended by PL 1991, c. 456, §9, is repealed.
Sec. U-4. 32 MRSA §6205, as amended by PL 2003, c. 347, §5 and affected by §25, is further amended to read:
A person may not, unless specifically exempted by this chapter, practice as an alcohol and drug counselor or begin an internship or profess to the public to be, or assume or use the title or designation of, "certified alcohol and drug counselor," "licensed alcohol and drug counselor" or "alcohol and drug counseling aide" or the abbreviation "C.A.D.C.," "L.A.D.C." or "A.D.C.A." or any other title, designation, words, letters or device tending to indicate that such a person is licensed, certified or registered, unless that person is licensed, certified or registered with and holds a current and valid license, certificate or registration from the board. Any person who offers or gives alcohol and drug counseling services in violation of this section must be punished, upon conviction, by a fine of not less than $50 and not more than $500 for each such offense violates this section is subject to the provisions of Title 10, section 8003-C.
Sec. U-5. 32 MRSA §6208-A, as amended by PL 1999, c. 386, Pt. R, §1, is further amended to read:
1. Membership.
The State Board of Alcohol and Drug Counselors, as established by Title 5, section 12004-A, subsection 41, consists of 9 members. Seven members are appointed by the Governor. One member must be the Director of the Office of Substance Abuse or a designee. One member, appointed by the Chancellor of the University of Maine System, must be a member of the university faculty involved in the training of substance abuse or alcohol and drug counselors. Of these 9 members, 5 members must be licensed alcohol and drug counselors and 2 members must be public members as defined in Title 5, section 12004-A. Members must represent a broad geographic distribution of the State.
2. Term of office.
Appointments are for 3-year terms. Appointments of members must comply with Title 10, section 60 8009.
Sec. U-6. 32 MRSA §6210, as amended by PL 1991, c. 456, §14, is further amended to read:
The board shall meet at least once a year to conduct its business and to elect officers a chair. Additional meetings may must be held as necessary to conduct the business of the board , and may be convened at the call of the chair or a majority of the board members. Six members of the board constitute a quorum for all purposes.
The board shall elect a chair and such officers as determined necessary to carry out the business of the board. The board shall keep such records and minutes as are necessary to the ordinary dispatch of its functions.
Sec. U-7. 32 MRSA §6212, as amended by PL 2003, c. 347, §§8 to 10 and affected by §25, is further amended to read:
The board shall have has the following powers and duties in addition to all other powers and duties imposed by this chapter.
1. Set standards.
The board shall administer and enforce this chapter, set forth education and examination standards and evaluate the qualifications for licensure. Any standards of eligibility set by the board must be clearly defined, measurable and written in accordance with accepted standards and available to the public upon request.
2. Adopt criteria.
The board, in cooperation with the Office of Substance Abuse, may design, adopt or design and adopt an examination or other suitable criteria for establishing a candidate's knowledge, skill and experience in alcohol and drug counseling. Any criteria adopted by the board for establishing a candidate's knowledge, skill and experience in alcohol and drug counseling must be clearly defined, have an established baseline scoring procedure that is objectively measured, be in writing and be available to the public upon request.
3. Standards of practice.
The board may register and set establish standards of practice for all persons practicing as alcohol and drug counselors who are working in the State. Any standards set by the board for practice for alcohol and drug counselors working in the State must be clearly defined, measurable and written in accordance with accepted standards and available to the public upon request. Educational background must be a consideration in any licensing or registration standards adopted by the board.
4. Rules.
The board may adopt such rules, including but not limited to rules regarding examinations; clinical supervision; and reasonable practice and education requirements for registering alcohol and drug counseling aides; licensing alcohol and drug counselors; certified alcohol and drug counselors; and certified clinical supervisors, and establish such advisory committees as the board may determine necessary and proper to carry out this chapter individuals licensed under this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
6. Complaints.
The board shall investigate, or cause to be investigated, all complaints made to it and all cases of noncompliance with or other violation of this chapter or any rules adopted by the board.
7. Hearings.
Hearings must be conducted by the board to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of registration or licensure, or as otherwise deemed necessary to the fulfillment of its responsibilities under this chapter. The board may not refuse to renew registration or licensure for any reason other than failure to pay a required fee, unless it has afforded the licensee an opportunity for an adjudicatory hearing. The board shall hold an adjudicatory hearing at the written request of any person who is denied registration or licensure without a hearing for any reason other than failure to pay a required fee, provided that the request for hearing is received by the board within 30 days of the applicant's receipt of written notice of the denial of application, the reasons for the denial of application and the applicant's right to request a hearing. Hearings must be conducted in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV, to the extent applicable. The board may subpoena witnesses, records and documents in any hearing it conducts.
8. Records.
The board shall keep records and minutes for the ordinary dispatch of its functions.
9. Code of ethics.
The board shall adopt a code of ethics generally in keeping with standards established by the national professional associations concerned with the areas of board responsibility.
10. Issue licenses.
The board shall issue licenses as necessary to implement this chapter.
12. Clinical supervision.
For purposes of direct clinical supervision of licensed practitioners in the field of alcohol and drug counseling, the board may certify upon receipt of proper an application and fee under section 6215 licensed psychologists, physicians, registered clinical nurse specialists, clinical professional counselors, clinical social workers and any other licensed or certified mental health professionals who are qualified to provide alcohol and drug counseling services by virtue of the requirements for that profession and who meet the requirements established by board rules.
Sec. U-8. 32 MRSA §6213-B, as enacted by PL 2003, c. 347, §13 and affected by §25, is amended to read:
1. Requirements.
The board shall issue a registration license to practice as an alcohol and drug counseling aide to an applicant who meets the following minimal requirements. An applicant must:A. Be at least 18 years of age;
B. Have a high school diploma or its equivalent;
C. Be employed at an agency;
D. Provide the name of the person who will be the applicant's certified clinical supervisor; and
E. Have paid an application and registration license fee under section 6215.
Sec. U-9. 32 MRSA §6215, as amended by PL 2003, c. 347, §17 and affected by §25, is further amended to read:
Application for registration, certification or licensure to practice alcohol and drug counseling must be on forms prescribed and furnished by the board. The Director of the Office of Licensing and Registration within the Department of Professional and Financial Regulation may establish by rule fees for purposes authorized under this subchapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $200 annually. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
Sec. U-10. 32 MRSA §6215-A is enacted to read:
Applicants for licensure must submit the fee as set under section 6215.
Sec. U-11. 32 MRSA §6217-A, as amended by PL 2003, c. 347, §19 and affected by §25, is repealed.
Sec. U-12. 32 MRSA §6217-B is enacted to read:
In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, paragraph A, the board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for:
1. Active abuse.
Active abuse of alcohol or any other drug that in the judgment of the board is detrimental to the performance or competency of a certified alcohol and drug counselor, alcohol and drug counseling aide or certified clinical supervisor; or
2. Mental incompetency.
A legal finding of mental incompetency.
Sec. U-13. 32 MRSA §6219, as amended by PL 2003, c. 347, §21 and affected by §25, is further amended to read:
All licenses , certifications and registrations issued pursuant to this chapter expire annually on November 30th or at such other time as the Commissioner of Professional and Financial Regulation may designate. Licensees , certificate holders and registrants must renew their licenses , certificates and registrations on or before November 30th annually or on such other date as determined by the commissioner by filing an application prescribed by the board, completing any continuing education requirements established by board rule and paying the required renewal fee as set under section 6215.
Licenses , certifications and registrations issued pursuant to this chapter may be renewed up to 90 days after the date of expiration upon payment of a late fee in addition to the renewal fee as set under section 6215. Any person who submits an application for renewal more than 90 days after the renewal date is subject to all requirements governing new applicants under this chapter, except that the board may in its discretion, giving due consideration to the protection of the public, waive examination if that renewal application is made received, together with the late fee and renewal fee as set under section 6215, within 2 years from the date of that expiration or if the applicant is a registered an inactive status alcohol and drug counselor. The board is responsible for mailing notification of the date of expiration to any licensed alcohol and drug counselor or inactive alcohol and drug counselor not later than 30 days prior to the date of expiration.
Sec. U-14. 32 MRSA §6219-B, as enacted by PL 2003, c. 347, §22 and affected by §25, is amended to read:
1. Placement on inactive status.
A registrant, certificate holder or licensee under this chapter who does not desire to perform any of the activities described in section 6203 6203-A, subsections 1-C, 1-D, 1-E 2, 5, 6 and 5 9 and who wants to preserve the registration, certificate or license while not engaged in any alcohol and drug counseling activity may surrender that registration, certificate or license to the board for placement on apply for an inactive status license pursuant to Title 10, section 8003, subsection 5-A, paragraph D, subparagraph (5). The board may place the registration, certificate or license on inactive status and issue an inactive license only upon proper application and payment of the required fee under section 6215. The fee for inactive status licensure is set under section 6215. During inactive status, the registrant, certificate holder or licensee is required to must renew the inactive registration, certificate or license annually and pay the renewal fee as set under section 6215, but is not required to meet the continuing educational provisions of section 6219-A.
2. Reinstatement to active status.
A registrant, certificate holder or licensee who has surrendered a registration, certificate or license pursuant to this section may have that registration, certificate or license reinstated An inactive status licensee may apply for reinstatement to active status by submitting proper application and payment of the required paying the fee as set under section 6215 and , completing continuing education requirements as determined by board rule and submitting such additional information as the board may require. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.