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Chemical Dependency Professionals Board Rule Changes: Part 2

Client Alert
April 1, 2024

The below rule changes are effective on April 1, 2024. For questions about these rules, contact BMD attorney Daphne Kackloudis.

Requirements for Certification of Chemical Dependency Counselor Assistants (CDCA) - OAC 4758-5-01

Now, under the amended rule, a certified chemical dependency counselor assistant (CDCA) will be certified for a preliminary, non-renewable thirteen-month period if they meet the requirements under this rule. Specifically, an applicant must (1) be eighteen (18) years old and hold a high school diploma or equivalent and (2) submit a formal application, pay an application fee, and provide a personal attestation statement agreeing to practice by the code of ethical standards adopted by the board. Additionally, the applicant must now complete forty (40) hours of approved substance use disorder specific education in the topics set by the board.

Scope of Practice for Chemical Dependency Counselor Assistants (CDCA) - OAC 4758-6-01

Under the rule, a chemical dependency counselor assistant (CDCA) can provide family counseling within their scope of practice in addition to treatment planning, assessment, crisis intervention, individual counseling, group counseling, case management, and education services. Previously, a CDCA could not provide family counseling to their patients.

Code of Ethics for Chemical Dependency Counselors - OAC 4758-8-01

The amended rule sets forth the minimum standards of practice for certified chemical dependency counselor assistants (CDCA), licensed chemical dependency counselors II (LCDCII), licensed chemical dependency counselors III (LCDCIII), licensed independent chemical dependency counselors (LICDC), licensed independent chemical dependency counselors-clinical supervisors (LICDC-CS), and those licensees who carry the gambling disorder endorsement.

Specifically, licensees or certificate holders should never discriminate against clients on the basis of race, ethnicity, color, sex, gender identity or expression, sexual orientation, religion, age, national ancestry, genetic information, parental status, military status, socioeconomic status, political belief, psychiatric or psychological conditions, and disability, the amount of previous therapeutic or treatment occurrences, or against other persons that could be subject to discrimination but are not expressly protected by state or federal law. The amended rule adds gender identity or expression, genetic information, parental status, and military status as protected categories.

Further, the amended rule adds language imposing an obligation on licensees or certificate holders to protect the clients’ right to confidentiality. The amended rule says that confidential information may only be revealed to others when the clients, or other persons legally authorized to give consent on the behalf of the clients, have given their informed and written consent, unless there is a serious and current or imminent threat of harm to the client of others or as otherwise authorized by law.

The amended rule also states that licensees or certificate holders should maintain objective and non-possessive relationships with clients and not maintain a conflict of interest with any client, former client, family member of a client or a former client, or other person encountered in professional or non-professional settings, which may impair professional judgment, increase the risk of exploitation, or not be in the best interest of a client at any time.

Under the amended rule, a license or certificate holder is prohibited from engaging in any type of sexual conduct or sexual relationship with a current client and should never provide services to anyone in which they have had a prior sexual relationship. Additionally, a licensee or certificate holder is prohibited from having a sexual relationship or any form of sexual conduct with a former client within the two (2) years, at a minimum, following the termination of professional services. However, a licensee or certificate holder should never have a sexual relationship with a former client if such relationship is not in the best interest of the client or increases the risk of exploitation. Sexual conduct is any consensual or non-consensual contact with another person that a reasonable person may consider sexual or sexual in nature, including but not limited to: sexual relationship; sexual advance; sexual solicitation; request for a sexual favor; a text, picture, or video or social media post of a sexual nature; or any other verbal, non-verbal, or physical activity, contact, or conduct that is sexual or sexual in nature.

Further, under the amended rule, a licensee or certificate holder is explicitly prohibited from sexually harassing a client, or they risk the revocation of their license or certificate. Sexual harassment includes any activity, contact, or conduct that a reasonable person may consider offensive or harassing that is sexual or sexual in nature, including but not limited to: sexual advance; sexual solicitation; request for a sexual favor; a text, picture, or video or social media post of a sexual nature; or any other verbal, non-verbal, or physical activity, contact, or conduct that is sexually offensive or harassing.

Importantly, this amended rule now applies to licensees or certificate holders employed to work in any capacity in recovery housing. Residents in recovery housing are considered clients of the licensee or certificate holder.

Code of Ethics for Clinical Supervisors - OAC 4758-8-02

The purpose of this rule is to state the rules of conduct that apply to individuals who hold a valid independent chemical dependency counselor-clinical supervisor license (LICDC-CS), independent chemical dependency counselor license (LICDC) or chemical dependency counselor III license (LCDC III) during the performance of their clinical duties as supervisors.

The amended rule adds the requirement that supervision be maintained through regular face-to-face meetings, which could include video conferencing, with a supervisee or supervisees in group or individual sessions. Sessions should also include documentation of the content of the session, which should be signed by both the supervisor and supervisee if required by certifying or accrediting bodies.

Further, the amended rule adds language that supervision must be provided in a professional and consistent manner to all supervisees regardless of age, race, ethnicity, color, sex, gender identity or expression, national origin, ancestry, religion, genetic information, parental status, military status, physical disability, sexual orientation, political affiliation or belief, marital or social or economic socioeconomic status, psychiatric or psychological conditions, disability, or other identifying traits that could subject an individual to discrimination but are not expressly protected by state or federal law.

Please contact BMD Healthcare Member Daphne Kackloudis at dlkackloudis@bmdllc.com with any questions.

Daphne Kackloudisjordan burdick
Client Alert

New State Budget Institutes Licensure Requirement for Ohio’s Hospitals

July 14, 2021On July 1, 2021, Governor Mike DeWine signed Ohio’s final budget codified at Ohio Revised Code 3722.01 et seq., which includes a new licensing requirement for Ohio’s hospitals. For years, Ohio was the only state in the country that did not license its hospitals. This approach will now be replaced with new, detailed requirements that will require careful review and compliance. Here are some of the highlights concerning these new changes:Client Alert

Healthcare Provisions in the Ohio FY 22-23 Budget

July 13, 2021Governor Mike DeWine signed Ohio’s Fiscal Year 2022-2023 budget bill (HB 110) into law on July 1, 2021. At almost 1,000 pages and 74.1 billion dollars, the budget lays out the State’s spending for the next two years. Below are a few highlighted provisions from the budget that will be important for the healthcare industry in OhioClient Alert

Interim Final Rule for Surprise Billing

July 12, 2021In an effort to implement the new bipartisan No Surprises Act, on July 1, 2021, the Department of Health and Human Services (HHS), along with the Departments of Labor and Treasury, issued an interim final rule to safeguard patients against unforeseen medical bills arising from out-of-network care.Client Alert

President Biden Seeks to Limit Non-Compete Agreements

July 8, 2021Today, President Biden announced he would issue an Executive Order that calls on the Federal Trade Commission (FTC) to adopt rules to curtail worker non-compete agreements. Interestingly, a week ago, the FTC approved changes to its Rules of Practice to modernize and expedite the way it issues Trade Regulation Rules. If you have followed our alerts, we predicted the elimination of non-competes would probably happen. In 2016, then-Vice President Biden was a vocal opponent against non-compete agreements. He led the Obama administration’s initiative seeking to limit or eliminate non-compete agreements. In his presidential campaign, Biden promised to “work with Congress to eliminate all non-compete agreements, except the very few that are absolutely necessary to protect a narrowly defined category of trade secrets . . ..”Client Alert

New NIL Opportunities for Student-Athletes Require Diligent Review

July 8, 2021On June 28, 2021, Governor Mike DeWine signed Executive Order 2021-10D, “Establishing the Duties of Colleges and Universities as to Name, Image, and Likeness Compensation of Student-Athletes.” The Executive Order was motivated by the passage of similar name, image, and likeness (“NIL”) regulations in seventeen (17) other states; Ohio followed suit to avoid a significant competitive disadvantage in attracting student-athletes to the state.
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