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

Client Alert

The Ohio Chemical Dependency Professionals Board released several new rules and proposed amendments to existing rules over the past month. Topics range from CDCA certificate requirements, the ability for LCDCs to offer family counseling services, remote supervision, and requirements for applications for reciprocity. A summary of the amended rules is below. A public hearing on these rules will be held on Friday, February 16, 2024, at 9:30 a.m. at the Vern Riffe Center in Columbus, Ohio. Contact your BMD healthcare attorney for help submitting comments on any of the rules summarized below.

New and Amended Rules

OAC Rule 4758-5-01 (Amendment)

  • This rule outlines new requirements for chemical dependency counselor assistant (CDCA) certification. The CDCA certificate is obtained first as a thirteen-month, non-renewable preliminary certification before application for the subsequent two-year, renewable certification. To be certified as a CDCA for a preliminary, non-renewable thirteen-month period, an applicant must meet the following requirements:
    • Be eighteen years of age and hold a high school diploma or equivalent;
    • Submit a formal application, including suitable documentation, an application fee, a personal attestation statement agreeing to practice by the code of ethical standards adopted by the board; and
    • Complete forty (40) hours of approved substance use disorder specific education.
  • Each individual who holds a preliminary CDCA certification must complete an application for the CDCA renewable certificate not sooner than ten months from the date the preliminary certificate becomes active and not later than one year after that preliminary CDCA certificate lapses. To qualify for the CDCA renewable certificate, the individual must have completed thirty (30) hours of approved substance use disorder specific education.

OAC Rule 4758-6-01 (Amendment)

  • Now, an individual holding a valid CDCA certificate may perform treatment planning, assessment, crisis intervention, individual, group counseling, case management, and education services as they relate to behavioral health conditions related to substance use disorder. Further, now CDCAs may also perform family counseling services. However, the rule removed language allowing CDCAs to refer individuals with nonchemical dependency conditions to appropriate sources of help.

OAC Rule 4758-6-04 (Amendment)

  • Now, licensed chemical dependency counselors III (LCDC III) can (1) perform family counseling as it relates to behavioral health conditions related to substance use disorders and (2) can provide counseling under the supervision of independent chemical dependency counselor. However, the rule removed language allowing LCDC IIIs to refer individuals with nonchemical dependency conditions to appropriate sources of help.

OAC Rule 4758-6-05 (Amendment)

  • Now, in addition to practicing substance use disorder counseling, an individual holding a valid independent chemical dependency counselor license may (1) diagnose and treat substance use disorder conditions; (2) perform family counseling; and (3) provide clinical supervision of chemical dependency counseling. Further, the rule removes supervision requirements for an LICDC as it is an independent license. However, the rule removed language allowing LICDCs to refer individuals with nonchemical dependency conditions to appropriate sources of help.

OAC Rule 4758-6-11 (Amendment)

  • Now, a chemical dependency counselor II may not practice as an individual practitioner and may not provide clinical supervision. An individual holding a valid chemical dependency counselor II license and gambling disorder endorsement may practice substance use disorder counseling, including family counseling under this amended rule, while under the supervision of any of the following: (1) an independent chemical dependency counselor-clinical supervisor independent chemical dependency counselor or chemical dependency counselor III; (2) an individual authorized to practice medicine and surgery or osteopathic medicine and surgery; (3) a psychologist; (4) a registered nurse if such supervision is consistent with the scope of practice of the registered nurse, or an individual authorized to practice as a certified nurse practitioner or clinical nurse specialist; (5) a professional clinical counselor, independent social worker, or independent marriage and family therapist if such supervision is consistent with the scope of practice of the professional clinical counselor, independent social worker, or independent marriage and family therapist.

OAC Rule 4758-6-12 (Amendment)

  • Now, an LCDC III with gambling disorder endorsement can treatment planning, assessment, crisis intervention, individual, family, and group counseling, case management, and educational services insofar as those functions relate to a gambling disorder. However, the rule removed language allowing LCDC IIIs with gambling disorder endorsement to refer individuals with other conditions to appropriate sources of help.

OAC Rule 4758-6-13 (Amendment)

  • Now, an LICDC with gambling disorder endorsement can perform treatment planning, assessment, crisis intervention, individual, family, and group counseling, case management, and educational services insofar as those functions relate to gambling disorder. Further, the rule removed supervision requirements for an LICDC with gambling disorder endorsement as it is an independent license. However, the rule removed language allowing LICDC with gambling disorder endorsement to refer individuals with other conditions to appropriate sources of help.

OAC Rule 4758-6-14 (Amendment)

  • Now, an independent chemical dependency counselors-clinical supervisor (LICDC-CS) with gambling disorder endorsement can treatment planning, assessment, crisis intervention, individual, family, and group counseling, case management, and educational services insofar as those functions relate to gambling disorder. However, the rule removed language allowing LICDC-CSs with gambling disorder endorsement to refer individuals with other conditions to appropriate sources of help.

OAC Rule 4758-6-15 (Amendment)

  • Now, the Board is requiring chemical dependency counselor assistants to receive at least one (1) hour of face-to-face clinical supervision for every forty (40) hours in a role which includes work within the scope of practice of a chemical dependency counselor assistant.

OAC Rule 4758-8-01 (Amendment)

  • This rule imposes new ethical obligations on licensees and certificate holders. A licensee or certificate holder must not discriminate against clients and their family members’ gender identity or expression, genetic information, parental status, military status, or psychiatric or psychological conditions. Further, the rule imposes new confidentiality requirements on license and certificate holders. Confidential information must only be revealed to others when the clients or other persons legally authorize 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.
  • Additionally, the rule adds new language around sexual harassment. Specifically, a licensee or certificate holder must not sexually harass a client, former client, or family members of a client or former client. The amended rule includes a new definition of “sexual harassment.” 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.

OAC Rule 4758-8-02 (Amendment)

  • Now, supervision can be maintained through regular face-to-face meetings on video conferencing platforms. These supervision sessions should include documentation of the content and signatures of the supervisee and the supervisor. Further, the supervision provided by a supervisor must be provided in a professional and consistent manner to all supervisees regardless of age, race, ethnicity, color, sex, gender identity or expression, national ancestry, religion, genetic information, parental status, military status, physical disability, sexual orientation, political belief, 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.

OAC Rule 4758-8-03 (Amendment)

  • This amended rule imposes a requirement on all licensees and certificate holders to comply with all mandatory reporting requirements set forth in Ohio law, including a duty to report abuse, neglect, or exploitation of a minor child or protected adult.

OAC Rule 4758-15-01 (Amendment)

  • Now, because the Board is a member of the international certification and reciprocity consortium (IC&RC), LCDC IIs, LCDC IIIs, and LICDCs can obtain a reciprocal certification by submitting an application and required non-refundable fee, holding an active license, and completing four thousand hours of supervised work experience specific to the ADC (alcohol and drug counselor) domains not used to obtain their original license. This amended rule will allow the provider types listed to transfer their certification between jurisdictions that recognize IC&RC standards.

OAC Rule 4758-15-02 (New)

  • Under this new rule, all applicants for reciprocity can file with the board a formal application that consists of the following: (1) documentation that the applicant holds a license, certificate, or endorsement in another state for at least one year prior to the application, or has satisfactory work experience, a government certification, or a private certification if the applicant is coming from a state that does not issue the license, certificate, or endorsement for which the applicant is applying; (2) documentation of the applicant's passing score on an alcohol and drug counselor exam or prevention specialist exam; (3) documentation that the applicant has actively engaged in the practice specific to substance use disorder counseling/treatment, gambling disorder treatment, or prevention; (4) documentation that any license, certificate, endorsement, government certification, or a private certification was held and maintained in good standing; and (5) current criminal records.

If you have questions about these proposed rules, please contact your local BMD Healthcare Attorneys Daphne Kackloudis at dlkackloudis@bmdllc.com or Ashley Watson at abwatson@bmdllc.com.


The Ohio State University Launches Its Accelerated Bachelor of Science in Nursing Program

In response to Ohio’s nursing shortage, The Ohio State University College of Nursing is accepting applications for its new Accelerated Bachelor of Science in Nursing program (aBSN). Created for students with a bachelor’s degree in non-nursing fields, the aBSN allows such students to obtain their nursing degree within 18 months. All aBSN students will participate in high-quality coursework and gain valuable clinical experience. Upon completion of the program, graduates will be eligible to take the State Board, National Council of Licensure Exam for Registered Nursing (NCLEX-RN).

Another Transparency Obligation: The FinCEN Beneficial Ownership Information Reporting Requirements

Many physician practices and healthcare businesses are facing a new set of federal transparency requirements that require action now. The U.S. Department of Treasury Financial Crimes Enforcement Network (“FinCEN”) Beneficial Ownership Information Reporting Requirements (the “Rule”), which was promulgated pursuant to the 2021 bipartisan Corporate Transparency Act, is intended to help curb illegal finance and other impermissible activity in the United States.

“In for a Penny, in for a Pound” is No Longer the Case for Florida Lawyers

On April 1, 2024, newly adopted Rule 1.041 to the Florida Rules of Civil Procedures goes into effect which creates a procedure for an attorney to appear in a limited manner in civil proceedings.  Currently, when a Florida attorney appears in a civil proceeding, he or she is reasonable for handling all aspects of the case for their client.  This new rule authorizes an attorney to file a notice limiting the attorney’s appearance to particular proceedings or specified matters prior to any appearance before the court.  For example, an attorney can now appear for the limited purpose of filing and arguing a motion to dismiss.  Once the motion to dismiss is heard by the court, the attorney may file a notice of termination of limited appearance and will have no further obligations in the case.

Enhancing Privacy Protections for Substance Use Disorder Patient Records

On February 8, 2024, the U.S. Department of Health and Human Services (“HHS”) finalized updated rules to 42 CFR Part 2 (“Part 2”) for the protection of Substance Use Disorder (“SUD”) patient records. The updated rules reflect the requirement that the Part 2 rules be more closely aligned with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) privacy, breach notification, and enforcement rules as mandated by the Coronavirus Aid, Relief, and Economic Security Act of 2020.

Columbus, Ohio Ordinance Prohibits Employers from Inquiries into an Applicant’s Salary History

Effective March 1, 2024, Columbus employers are prohibited from inquiring into an applicant’s salary history. Specifically, the ordinance provides that it is an unlawful discriminatory practice to: