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Latest Batch of Ohio Chemical Dependency Professionals Board Rules: What Providers Should Know

Client Alert

The Ohio Chemical Dependency Professionals Board recently released several new rules and proposed amendments to existing rules. A hearing for the new rules was held on February 16, 2024, but the Board has not yet finalized them.

A summary of the proposed rule changes is below. The biggest takeaway from this batch of new rules is that LCDC IIIs and LICDCs can now provide clinical supervision while they are unsupervised.

Scope of practice for licensed chemical dependency counselors III (LCDC III - OAC Rule 4758-6-04)

Under the new version of the rule, a chemical dependency counselor III (LCDC III) may provide substance use disorder counseling and diagnose substance use disorder conditions without supervision. Additionally, the amended rule removes the requirement that a LCDC III be under supervision when providing clinical supervision. Lastly, LCDC IIIs may perform family counseling in additional to individual and group counseling.

Scope of practice for licensed independent chemical dependency counselors (LICDC - OAC Rule 4758-6-05)

The new version of the rule removes the requirement that a LICDC be under supervision when providing clinical supervision. Additionally, an LICDC may perform family counseling in additional to individual and group counseling.

Scope of practice for chemical dependency counselors III (LCDC III) with gambling disorder endorsement (OAC Rule 4758-6-12)

Under the new version of the rule, an LCDC III with gambling disorder endorsement may perform family counseling in additional to individual and group counseling. Additionally, an LCDC III may supervise gambling disorder counseling without being supervised themselves.

Reciprocity with IC&RC jurisdictions (OAC Rule 4758-15-01)

The amended rule removes the language that (1) individuals holding a LCDC II, LCDC III or LICDC are reciprocal with the IC&RC alcohol drug counselor (ADC) certification; (2) individuals holding a LICDC are reciprocal with the IC&RC clinical supervisor (CS) certification; and (3) individuals holding an OCPS or OCPC are reciprocal with the IC&RC prevention specialist (PS) certification.

Under the new version of the rule, to be certified as an IC&RC alcohol drug counselor (ADC), an individual must:

  1. Submit an application and required non-refundable fee.
  2. Complete one hundred and twenty (120) hours of education specific to the ADC domains not used to obtain their original license. Previously, they had to complete 300 hours.
  3. Hold an active LCDC II, LCDC III, or LICDC. This is a new requirement under this rule.
  4. Complete four thousand hours of supervised work experience specific to the ADC domains not used to obtain their original license. Previously, they had to complete six thousand hours.

Further, to be certified as an IC&RC clinical supervisor (CS), an individual must:

  1. Submit an application and the required non-refundable fee.
  2. Hold an active LICDC-CS. This is a new requirement under this rule.
  3. Hold and maintain an IC&RC ADC certification at the IC&RC reciprocal level.
  4. Complete eight thousand hours of ADC counseling specific work experience not used to obtain original license. Previously, they had to complete ten thousand hours.

The new version of the rule further removes the requirements that (1) individuals must obtain thirty hours of education specific to the first five IC&RC clinical supervisor domains with a minimum of four hours in each and (2) individuals transferring to the state from a non-IC&RC jurisdiction may apply for and be issued a non-IC&RC reciprocal credential.

If you have questions about these proposed rules, please contact your local BMD Healthcare Member Daphne Kackloudis at dlkackloudis@bmdllc.com.


The Ohio Chemical Dependency Professionals Board’s Latest Batch of Rules: What Providers Should Know

The Ohio Chemical Dependency Professionals Board has introduced new rules and amendments, covering various aspects such as CDCA certificate requirements, expanded services for LCDCs and CDCAs, remote supervision, and reciprocity application requirements. Notable changes include revised criteria for obtaining a CDCA certification, expanded services for LCDCs and CDCAs, and updated ethical obligations for licensees and certificate holders, including non-discrimination, confidentiality, and anti-sexual harassment measures.

Governor Mike DeWine and The Ohio State University Introduce the SOAR Study on Ohio Mental Illness

On January 19, Ohio Gov. Mike DeWine and The Ohio State University announced a new research initiative, the State of Ohio Adversity and Resilience (“SOAR”) study, which will investigate all factors influencing Ohio’s mental illness and addiction epidemic.

CHANGING TIDES: Summary and Effects of Burnett et. al. v. National Ass’n of Realtors, et. al.

In April 2019, a class-action Complaint was filed in federal court for the Western District Court for Missouri arguing that the traditional payment agreements employed by many across the United States amounted to conspiracy resulting in the artificial increase in brokerage commissions. Plaintiffs, a class-action group comprised of sellers, argued that they paid excessive brokerage commissions upon the sale of their home as a result of the customary payment structure where Sellers agree to pay the full commission on the sale of their property, with Seller’s agent notating the portion of commission they are willing to pay to a Buyer’s agent at closing on the MLS or other similar system.

The Ohio Board of Pharmacy’s Latest Batch of Rules: What Providers Should Know

The Ohio Board of Pharmacy released several new rules and proposed amendments to existing rules over the past month that will significantly impact pharmacy operations. Topics range from updates to the Terminal Distributor of Dangerous Drugs license to mobile clinics to mandatory rest breaks for pharmacists of outpatient pharmacies. A summary of the proposed changes is below, along with instructions for commenting on the rules. Your BMD healthcare attorney can help write comment letters and submit the comments on your behalf as well.

Employee or Independent Contractor? New Guidance Issued by the Department of Labor

On January 9, 2024, the U.S. Department of Labor (DOL) issued its long-awaited final rule — effective March 11, 2024 — revising its prior interpretation of worker classifications under the federal Fair Labor Standards Act (FLSA). The new final rule rescinds the standard previously established in 2021, in turn, shifting the analysis of whether a worker is an employee (versus an independent contractor) of a business from a more streamlined “economic reality” test to a more complex “totality of the circumstances” standard.