General Assembly Enacts Practice Protection for Substance Abuse Professionals

Senate Bill 705 Moves Board from Title Protection to Practice Protection

On August 23, 2005, the General Assembly of North Carolina enacted Senate Bill 705, Amend North Carolina Substance Abuse Act, moving the Board from title protection licensure to practice protection licensure. Essentially, what that means is that ALL SUBSTANCE ABUSE PROFESSIONALS MUST be registered, certifi ed or licensed with the Board in order to work. Under any practice protection act, one may not hold him or herself out as a practitioner in that field nor may that person perform the duties of a practitioner in that profession without being under the auspices of the Board.

The Board wishes to thank Senator Martin Nesbitt (DBuncombe) for sponsoring the Bill that made these changes. His legislative skill and ability to advocate for this legislation in terms understandable to all legislators made our work so much easier.

In addition, the following groups actively supported the bill and made suggestions and recommendations regarding language:

Addiction Professionals of North Carolina
National Association of Social Workers - NC Chapter
North Carolina Association of Alcoholism Rehabilitation Facilities
North Carolina Association for Behavioral Health Care
North Carolina Council of Community MH/DD/SA Programs
North Carolina Psychiatric Association
North Carolina Psychological Association
Substance Abuse Federation

The Board is also indebted to and deeply appreciative of Ms. Flo Stein, Chief of Community Policy Development for the NC Department of Health and Human Services; Division of MH/DD/SAS for her guidance and inspiration in crafting this language. The Board also wishes to thank the NC Department of Corrections; Division of Alcoholism and Chemical Dependency Programs for their support and encouragement. As with any thank you list, they are woefully inadequate but the Board thanks and extends its appreciation to all the substance abuse professionals and allies across the state who worked so diligently to make practice protection licensure a reality.

It is worthy to note that all occupational licensing boards in the state enforce, generally, the same penalties for practicing without a license. It is now essentially the same to practice substance abuse professional services without a credential as it is to practice medicine or law without a license. The civil penalties are very similar.

The major changes enacted by Senate Bill 705 are as follows:

1. The Board’s name has changed. It is now the NC Substance Abuse Professional Practice Board.

2. This is Practice Act, not a Title Protection Act as we have had for the past eleven years. That means it is
no longer just that one may not refer to one’s self as a certifi ed person, one may not PERFORM THE DU-
TIES of a substance abuse professional unless s/he is registered, certifi ed or licensed with our Board or with
another state occupational licensing board. That means you CAN NOT work as a substance abuse professional
in any capacity without having standing with our board or an oth er state occupational licensing board (i.e. NC
Psychology Board, NC Board of Licensed Professional Counselors, etc.).

3. The Certified Clinical Addictions Specialist (CCAS) becomes the Licensed Clinical Addictions Specialist (LCAS). All other titles remain unchanged. This is a title change only. ALL persons who hold the CCAS will, in the near future, receive the new certifi cate of Licensed Clinical Addictions Specialist.

4. A new credential, the Certified Criminal Justice Addictions Professional (CCJP), has been established. Ninety (90) days of grandparenting will be allowed starting on the date the Governor signs the bill. The grandparenting application and regulations may be found on the Board’s website, www.ncsappb.org. Grandparenting will end on December 22, 2005.

5. CSAC’s (except those who hold a CCS) MUST now have post-certification supervision by an LCAS, a Cer tified Clinical Supervisor (CCS) or a Clinical Supervisor In tern (CSI) at a ratio of one hour of supervision for ev ery 40 hours of practice. A supervisory form is being prepared by the board and will be sent to all CSACs immediately and with each renewal. Those must be signed by an LCAS, a CCS or a CSI or that person may not practice. Forms will be sent to all CSACs in the near future that must be completed and returned to the Board before those CSACs may continue to practice. This is known as a Practice Supervisor. Supervision for applicants remains unchanged except that all applicants must maintain constant supervision until certification or licensure is obtained.

6. LCAS’s are the only counselors who may now practice independently except for a CSAC who holds a CCS.

7. LCAS’s may provide supervision post-certification.

8. CCS’s and CSI’s are still the only professionals who may supervise to obtain the CSAC, LCAS or CCS. Certified Substance Abuse Prevention Consultants (CSAPCs) may, along with CCS’s and CSI’s, provide supervision for Pre ven tion applicants (see chart below).

9. The supervised experience requirement for CSAPC applicants with less than a bachelor’s degree has been reduced from 10,000 hours (fi ve years) to 6,000 hours (three years) to be analogous with the CSAC.

10. A criminal record check is now required of all applicants. Fingerprint cards will accompany every application in the future and these must be completed and returned to the board with a separate check to cover the SBI cost of this service. The cost is currently $38.00.

11. Board members terms have been increased from three years to four years. Board members are still eligible for two consecutive terms.

12. A Scope of Practice has been established for each credential offered. This defines what a professional may
do and applicants and certifi ed/licensed professionals must practice within their Scope of Practice. This, of
course, does not include any professionals who may be licensed, certified or registered with another occupational licensing board in the state.

13. Since all credentials have a defi ned Scope of Practice, one must hold the credential in which she or he works or be in the process of obtaining it in order to practice. For example, a CSAPC may not perform clinical substance abuse services unless holding or obtaining the CSAC or LCAS. To perform those duties is to practice outside one’s scope of practice and is now in violation of the law.

14. Persons who still held the old CAC (Certified Alcoholism Counselor) and CDAC (Certified Drug Abuse Counselor)—only six total—are now CSACs.

15. A late fee on renewals has now been established, not to exceed $125.00. Since the Board can reinstate a certificate up to five years after expiration, the Board will set this late fee in $25.00 increments per year so that, in the first year, the late fee is $25.00, second year $50 and so on. A late fee is payable after the renewal date on each certificate of certification or licensure.

16. A rescheduling fee of $25.00 has been implemented for anyone scheduled for an exam and miss ing that exam without medical rea sons or family emergency.

17. All applicants for all credentials must submit a “pass-port-style” photo with every application for registration,
certification or licensure.

As a final note, the Board wishes to thank those who served on the Ad Hoc Committee on Licensure over past
two years. They are Bart Grimes, president, Tim Hall, chair of the Committee, Kimberly Anthony-Byng, Karen Blicher, Worth Bolton, Ted Fitzgerald, Danny Graves, Joe Jordan, Connie Mele, Adam Robinson, Randy Thornton and Helen Wolstenholme along with Board legal counsel Ann Christian and Executive Director Jim Scarborough.

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