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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

IRS Grants Additional Extensions and Suspends Collection Activity

April 13, 2020More Extensions Granted for Filing Returns In addition to those previously announced, the IRS has granted extensions for filing of the following returns and payments of amounts due for any of the returns listed below due after April 1, 2020 and before July 15, 2020: Form 706 - Estate and Generation-Skipping Transfer Tax; Form 8971 – Information Regarding Beneficiaries Acquiring Property form a Decedent; Form 709 – United States Gift (and Generation-Skipping Transfer) Tax; Any Estate Tax payment due as a result of an election under sections 6166, 6161, and 6163; Form 990-T – Exempt Organization Business Income Tax; Form 990-PF – Return of Private Foundation or Section 4947 Trust; Form 4720 – Return of Certain Excise Taxes; and All estimated payments made on Form 990-W; 1040-ES, 1041-ES, 1120-W. (This is a change from the extension of only the first quarter estimate to include the June 15, 2020, estimate).Client Alert

IRS Provides Guidance for Payroll Tax Deferrals and Credits

April 13, 2020IRS Provides Guidance for Payroll Tax Deferrals and CreditsClient Alert

FCC Funding Opportunity for Telehealth Equipment – Portal Open

April 13, 2020Telehealth is becoming a necessary practice for healthcare providers during the COVID-19 pandemic. However, not all providers have the means to institute a telehealth program. In order to help non-profit and public healthcare providers utilize telehealth, the Coronavirus Aid, Relief and Economic Security (CARES Act) set aside $200 million in funds for telehealth equipment, broadband connectivity, and information services. The FCC has recently released a guidance document that describes how eligible providers can apply for this “COVID-19 Telehealth Program” and the portal for applying will open today, April 13, 2020 at 12:00 PM ET.Client Alert

The CARES Act Provider Relief Fund: What We Know So Far…

April 10, 2020The CARES Act that was signed into law of March 27, 2020 provides for the Provider Relief Fund, which set aside $100 billion in relief funds for healthcare providers with expenses or lost revenue attributable to COVID-19. On April 9, 2020, the Department of Health and Human Services (“HHS”) released the first round of $30 billion of funding. All healthcare providers that received Medicare fee-for-service reimbursements in 2019 should have received a distribution. Payments will be made via electronic payment. Providers that do not receive electronic payment will receive paper checks over the next few weeks.Client Alert

CARES Act Offers Additional Funds to Healthcare Providers Offering Care, Diagnoses, or Testing Related to COVID-19

April 8, 2020In order to help prevent, prepare for, and respond to the COVID-19 pandemic, a $100 billion fund, run through the Public Health and Social Services Emergency Fund (PHSSEF), has been made available to cover non-reimbursable costs attributable to COVID-19 under the CARES Act. This fund has been designed to get money into the health care system as quickly as possible. As such, applications will be reviewed, and payments will be made, on a rolling basis. HHS has been given significant flexibility in determining how the funds are to be allocated, as opposed to operating under a mandated formula or process for awarding the funds. While the Secretary of HHS has not yet released guidance on the application process, this is expected in the near future. BMD will provide updates as soon as this information becomes available.
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