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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.


You can now enter into a Postnuptial Agreement in Ohio!

Ohio's 2024-2025 Fiscal Budget - Behavioral Health Updates

Ohio’s 2024-2025 State Budget was signed into law by Governor Mike DeWine on July 3, 2023. Behavioral health is an area that Governor DeWine expressed great interest in supporting and the final version of the Budget does reflect some of those initiatives. The Budget prioritizes growing the behavioral health workforce and increasing research and innovation by building community capacity for care that offers better crisis response services and treatment, increased prevention efforts, and increased provision of residential and outpatient services. Outlined below are notable Budget items geared toward achieving growth and improvement in the behavioral health field as well as some key items that were rejected by Governor DeWine’s veto.

ChatGPT for Legal Research

How trustworthy and beneficial is ChatGPT for legal research? What are the benefits and drawbacks of using this tool in the legal system.

Supreme Court Rules that Employers Must Show Substantial Increased Costs to Legally Decline Employees’ Religious Accommodation Requests

On June 29, 2023, the Supreme Court ruled in Groff v. DeJoy that under Title VII of the Civil Rights Act of 1964 (“Title VII”) employers must show, in order to decline religious accommodations, that the burden of granting religious accommodations to employees will result in substantial increased costs in relation to the conduct of an employer’s particular business, thus amending the prior, simple standard of a “de minimis” undue hardship.

Recent HIPAA Breach Settlements - Lessons Learned

According to the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR), the consequences for providers may include settlements of $30,000 to $240,000. OCR recently released two settlements for improper breaches of protected health information (PHI) that are good examples of the major monetary penalties that can result from common HIPAA mistakes.