CHAPTER 43-45
ADDICTION COUNSELORS
43-45-01. Definitions. As used in this chapter, unless the context or subject matter
otherwise requires:
1.
"Addiction counseling" means the provision of counseling or assessment of persons<br>regarding their use or abuse of alcohol or a controlled substance.
2.
"Board" means the board of addiction counseling examiners.
3.
"Clinical training" means training in addiction counseling, approved by the board.
4.
"Internship" means work experience in a licensed addiction treatment facility under<br>the supervision of a clinical supervisor registered by the board.
5.
"Private practice of addiction counseling" means the independent practice of<br>addiction counseling by a qualified individual who is self-employed on a full-time or<br>part-time basis and is responsible for that independent practice.
Consultation
services provided to an organization or agency are not the private practice of<br>addiction counseling.
43-45-02. Board of addiction counseling examiners - Composition. The governor
shall appoint a seven-member board of addiction counseling examiners. The members shall<br>include:
1.
Five members who are licensed addiction counselors actively engaged in the<br>practice of addiction counseling, one of whom must be actively engaged in the<br>private practice of addiction counseling.
2.
Two members who are laypersons.
43-45-03. Board member terms. The governor shall appoint new board members.
Appointments must be for three-year terms, but no person may be appointed to serve for more<br>than two consecutive terms. Terms begin on the first day of the calendar year and end on the<br>last day of the calendar year or until successors are appointed.
43-45-04. Board power, duties, and authority.
1.
The board shall:
a.
Administer and enforce the provisions of this chapter.
b.
Evaluate the qualifications of applicants for a license to practice addiction<br>counseling and issue licenses under this chapter.
c.
Establish ethical standards of practice for persons holding a license to practice<br>addiction counseling in this state.
d.
Establish continuing education requirements and approve providers of<br>continuing education.
e.
Approve clinical training programs.
f.
Register clinical trainees.
g.
Register interns.
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h.
Register clinical supervisors.
i.
Register licensees for private practice.
j.
Approve and administer examinations.
2.
The board may:
a.
Adopt rules under chapter 28-32 to implement this chapter.
b.
Issue subpoenas, examine witnesses, and administer oaths, and may<br>investigate allegations of practices violating the provisions of this chapter.
c.
Recommend prosecution for violations of this chapter to the appropriate state's<br>attorney.
d.
Recommend that the attorney general bring civil actions to seek injunctive and<br>other relief against violations of this chapter.
e.
Collect fees for examinations, initial licensures, renewal of licenses, late<br>renewals, private practice registrations, renewal of private practice registrations,<br>approval of continuing education providers, and administrative fees. The fees<br>must be established by rule in amounts necessary to compensate the board for<br>administration and enforcement of this chapter.
f.
Employ persons to assist the board in carrying out its duties under this chapter.
43-45-05. Board meetings.
1.
The board shall meet at least quarterly. A majority of the members constitute a<br>quorum.
2.
Each board member shall serve without compensation but shall receive expenses<br>as provided in section 54-06-09.
43-45-05.1. Initial licenses.
1.
The board shall issue an initial license as an addiction counselor to an applicant who<br>has met all of the following requirements:
a.
Has successfully completed coursework, approved by the board, at an<br>accredited college or university.
b.
Has successfully completed one or more oral or written examinations approved<br>by the board for this purpose.
c.
Has successfully completed a clinical training program approved by the board<br>or accumulated experience as established by the board by rule.
d.
Has satisfied the board that the applicant agrees to adhere to the code of<br>professional conduct adopted by the board.
2.
The board may grant reciprocity, on such terms and conditions as it may determine<br>necessary, to an applicant for licensure who is in good standing as a licensed,<br>approved, or certified addiction counselor under the laws of another jurisdiction that<br>imposes at least substantially the same requirements that are imposed under this<br>chapter.
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3.
An applicant who is denied licensure must be notified in writing of the reasons for<br>denial and of the right to a hearing before the board, under chapter 28-32, if a<br>hearing is requested within thirty days.
43-45-05.2. Representation to the public.
1.
A person may not represent to the public that the person is an addiction counselor or<br>engage in the practice of addiction counseling in this state unless the person is a<br>licensed addiction counselor.
2.
The license issued by the board under the provisions of this chapter must be<br>prominently displayed at the principal place of business where the addiction<br>counselor practices.
43-45-05.3. Private practice of addiction counseling. A person may not engage in the
private practice of addiction counseling unless that person is registered with the board as eligible<br>for private practice under criteria established by board rule.
43-45-06. Addiction counseling practice - Exemptions.
1.
Nothing in this chapter may be construed to prevent any person from doing work<br>within the standards and ethics of that person's profession and calling, provided that<br>the person does not represent to the public, by title or by use of the initials L.A.C.,<br>that the person is engaging in addiction counseling.
2.
Nothing in this chapter may be construed to prevent addiction counseling trainees or<br>interns in board-approved programs from engaging in addiction counseling related to<br>training.
43-45-07. Renewal of license.
1.
All licenses are effective when granted by the board.
2.
All licenses of licensed addiction counselors expire on December thirty-first of every<br>odd-numbered year.
3.
A license may be renewed by payment of the renewal fee and completion of the<br>continuing education requirements set by the board, provided the applicant's license<br>is not currently revoked or grounds for denial under section 43-45-07.1 do not exist.
4.
At the time of renewal the board shall require each applicant to present satisfactory<br>evidence that the applicant has completed the continuing education requirements<br>specified by the board.
5.
If the completed application for renewal is not received by December first of the<br>odd-numbered year, a late fee will be charged.
6.
If the completed application for renewal is not received on or before the expiration<br>date, the license expires and the person may not practice addiction counseling. The<br>license may be renewed within thirty days from the date of expiration of the license if<br>the completed application for renewal and the late fee are received within thirty days<br>from the date of expiration of the license.
7.
If a completed application for renewal of license is not received within thirty days<br>from the date of expiration of the license, the licensee must reapply for licensure.
8.
The board may extend the renewal deadline for an applicant having proof of medical<br>or other hardship rendering the applicant unable to meet the renewal deadline.
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43-45-07.1.
Grounds for disciplinary proceedings.
The board may deny an
application, refuse to renew, suspend, revoke, or place on probationary status any license issued<br>under this chapter on proof at a hearing that the applicant or holder of the license has engaged in<br>unprofessional conduct. Unprofessional conduct includes:
1.
Obtaining an initial license or renewal by means of fraud, misrepresentation, or<br>concealment of material facts.
2.
Violating rules set by the board.
3.
Violating a provision of this chapter.
4.
Violating the professional code of conduct as adopted by the board.
5.
Being adjudged guilty of an offense determined by the board to have a direct bearing<br>on an applicant's or holder of the license's ability to serve the public as an addiction<br>counselor or being adjudged guilty of any offense and being insufficiently<br>rehabilitated as determined by the board under section 12.1-33-02.1.
One year from the date of the revocation, the licenseholder may make application for initial<br>licensure.
43-45-07.2. Reporting obligations.
1.
A person who has knowledge of any conduct constituting grounds for discipline<br>under this chapter may report the violation to the board.
2.
The hospital, clinic, or other health care institution, facility, or organization shall<br>report to the board any action taken by the hospital, clinic, or other health care<br>facility, institution, or organization to revoke, suspend, restrict, or condition an<br>addiction counselor's privilege to practice or treat patients in the hospital, clinic, or<br>other health care facility or institution, or as part of the organization, any denial of<br>privileges or any other disciplinary action.
43-45-07.3. Complaints - Investigations.
1.
A person may file a written complaint with the board citing the specific allegations of<br>unprofessional conduct by an addiction counselor.
The board shall notify the
addiction counselor of the complaint and request a written response from the<br>addiction counselor.
2.
The board may investigate a complaint on its own motion, without requiring the<br>identity of the complainant to be made a matter of public record, if the board<br>concludes that good cause exists for preserving the confidentiality of the<br>complainant.
3.
An addiction counselor who is the subject of an investigation by the board shall<br>cooperate fully with the investigation. Cooperation includes responding fully and<br>promptly to any reasonable question raised by or on behalf of the board relating to<br>the subject of the investigation, and providing copies of patient records when<br>reasonably requested by the board and accompanied by the appropriate release.
4.
In order to pursue the investigation, the board has the power to subpoena and<br>examine witnesses and records, including patient records, and to copy, photograph,<br>or take samples. It may require the licensed addiction counselor to give statements<br>under oath, to submit to a physical or mental examination, or both, by a physician or<br>physicians and other qualified evaluation professionals selected by the board if it<br>appears to be in the best interest of the public that this evaluation be secured. A
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written request from the board constitutes authorization to release information. The<br>patient records that are released to the board are not public records.
5.
Unless there is a patient release on file allowing the release of information at the<br>public hearing, all data and information, including patient records, acquired by the<br>board in its investigation are confidential and closed to the public.
All board
meetings wherein patient testimony or records are taken or reviewed are confidential<br>and closed to the public. If no patient testimony or records are taken or reviewed,<br>the remainder of the meeting is an open meeting unless a specific exemption is<br>otherwise applicable.
43-45-08. Penalty. Any person who violates subsection 1 of section 43-45-05.2 is guilty
of a class B misdemeanor.
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Document Outline
chapter 43-45 addiction counselors
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