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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.


Sharp Rise in False Claims Act Cases - Navigating the FCA Waters

Recently, on April 18, 2023, the United States Supreme Court heard arguments regarding the FCA’s scienter, or mental state, requirement. To prove violation of the FCA, the statute requires that a defendant “knowingly” file false claims for payment. The term “knowingly” is defined within the statute to mean a person that acts with actual knowledge, deliberate ignorance, or reckless disregard. Circuit courts are split on how to interpret and apply the knowledge element of the FCA, and based on the Supreme Court’s decision, there will be a large impact on healthcare defendants and their businesses as well as anyone who contracts with, or receives money from, a federal program. A broader interpretation of the FCA would unnecessarily target and stifle healthcare, and other businesses, for simple errors in daily operations. This goes against the intended application of the FCA, which was to prevent fraudulent activity.

Areas of Opportunity in Columbus: Highlights from the Columbus Opportunity Summit

On April 27, 2023 Columbus Business First held its annual Columbus Opportunity Summit, bringing together business and economic development leaders to provide an update on how Central Ohio is preparing for expected growth in the coming years, an issue heightened by the arrival of Intel at its 1,000 acre site in Licking County, just outside of Columbus. The site will be home to two new chip factories with room to grow to a total of eight factories and is a $20 Billion investment.

BREAKING: Biden Administration Has Officially Ended the Two Remaining COVID Vaccine Mandates

As of May 1, 2023, the Biden Administration has officially ended the two remaining COVID vaccine mandates: (1) the Federal Contractor Mandate, and (2) the CMS Healthcare Provider Vaccine Mandate.

Important Update: New Advanced Beneficiary Notice in Effect for Medicare on June 30, 2023

On April 4, 2023, the Office of Management and Budget (OBM) approved an updated Advance Beneficiary Notice of Non-coverage (ABN) form CMS-R-131.[1] Providers can continue using the current ABN form with an expiration date of June 30, 2023.[2] However, all providers are mandated to use the new ABN starting on June 30, 2023, which has an expiration date of January 31, 2026.

Ohio Recovery Housing (ORH) Repairs Fund Application Open for Eligible Applicants

The Ohio Recovery Housing (ORH) Repairs Fund Application is open for eligible organizations and/or operators of recovery housing facilities throughout the state of Ohio!