2012 North Dakota Century Code Title 43 Occupations and Professions Chapter 43-45 Addiction Counselors
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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
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 the
supervision of a clinical supervisor registered by the board.
5. "Private practice of addiction counseling" means the independent practice of addiction
counseling by a qualified individual who is self-employed on a full-time or part-time
basis and is responsible for that independent practice. Consultation services provided
to an organization or agency are not the private practice of 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 include:
1. Five members who are licensed addiction counselors actively engaged in the practice
of addiction counseling, one of whom must be actively engaged in the 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 than two consecutive terms. Terms
begin on the first day of the calendar year and end on the 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
counseling and issue licenses under this chapter.
c. Establish ethical standards of practice for persons holding a license to practice
addiction counseling in this state.
d. Establish continuing education requirements and approve providers of continuing
education.
e. Approve clinical training programs.
f. Register clinical trainees.
g. Register interns.
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 investigate
allegations of practices violating the provisions of this chapter.
c. Recommend prosecution for violations of this chapter to the appropriate state's
attorney.
d. Recommend that the attorney general bring civil actions to seek injunctive and
other relief against violations of this chapter.
e. Collect fees for examinations, initial licensures, renewal of licenses, late
renewals, private practice registrations, renewal of private practice registrations,
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approval of continuing education providers, and administrative fees. The fees
must be established by rule in amounts necessary to compensate the board for
administration and enforcement of this chapter.
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
quorum.
2. Each board member shall serve without compensation but shall receive expenses 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
has met all of the following requirements:
a. Has successfully completed coursework, approved by the board, at an accredited
college or university.
b. Has successfully completed one or more oral or written examinations approved
by the board for this purpose.
c. Has successfully completed a clinical training program approved by the board 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
professional conduct adopted by the board.
2. The board may grant reciprocity, on such terms and conditions as it may determine
necessary, to an applicant for licensure who is in good standing as a licensed,
approved, or certified addiction counselor under the laws of another jurisdiction that
imposes at least substantially the same requirements that are imposed under this
chapter.
3. An applicant who is denied licensure must be notified in writing of the reasons for
denial and of the right to a hearing before the board, under chapter 28-32, if a 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
engage in the practice of addiction counseling in this state unless the person is a
licensed addiction counselor.
2. The license issued by the board under the provisions of this chapter must be
prominently displayed at the principal place of business where the addiction 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 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 within
the standards and ethics of that person's profession and calling, provided that the
person does not represent to the public, by title or by use of the initials L.A.C., that the
person is engaging in addiction counseling.
2. Nothing in this chapter may be construed to prevent addiction counseling trainees or
interns in board-approved programs from engaging in addiction counseling related to
training.
43-45-07. Renewal of license.
1. All licenses are effective when granted by the board.
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All licenses of licensed addiction counselors expire on December thirty-first of every
odd-numbered year.
A license may be renewed by payment of the renewal fee and completion of the
continuing education requirements set by the board, provided the applicant's license is
not currently revoked or grounds for denial under section 43-45-07.1 do not exist.
At the time of renewal the board shall require each applicant to present satisfactory
evidence that the applicant has completed the continuing education requirements
specified by the board.
If the completed application for renewal is not received by December first of the
odd-numbered year, a late fee will be charged.
If the completed application for renewal is not received on or before the expiration
date, the license expires and the person may not practice addiction counseling. The
license may be renewed within thirty days from the date of expiration of the license if
the completed application for renewal and the late fee are received within thirty days
from the date of expiration of the license.
If a completed application for renewal of license is not received within thirty days from
the date of expiration of the license, the licensee must reapply for licensure.
The board may extend the renewal deadline for an applicant having proof of medical
or other hardship rendering the applicant unable to meet the renewal deadline.
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 under this chapter on proof at a hearing that the
applicant or holder of the license has engaged in unprofessional conduct. Unprofessional
conduct includes:
1. Obtaining an initial license or renewal by means of fraud, misrepresentation, or
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
on an applicant's or holder of the license's ability to serve the public as an addiction
counselor or being adjudged guilty of any offense and being insufficiently 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
licensure.
43-45-07.2. Reporting obligations.
1. A person who has knowledge of any conduct constituting grounds for discipline under
this chapter may report the violation to the board.
2. The hospital, clinic, or other health care institution, facility, or organization shall report
to the board any action taken by the hospital, clinic, or other health care facility,
institution, or organization to revoke, suspend, restrict, or condition an addiction
counselor's privilege to practice or treat patients in the hospital, clinic, or other health
care facility or institution, or as part of the organization, any denial of 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
unprofessional conduct by an addiction counselor. The board shall notify the addiction
counselor of the complaint and request a written response from the addiction
counselor.
2. The board may investigate a complaint on its own motion, without requiring the identity
of the complainant to be made a matter of public record, if the board concludes that
good cause exists for preserving the confidentiality of the complainant.
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An addiction counselor who is the subject of an investigation by the board shall
cooperate fully with the investigation. Cooperation includes responding fully and
promptly to any reasonable question raised by or on behalf of the board relating to the
subject of the investigation, and providing copies of patient records when reasonably
requested by the board and accompanied by the appropriate release.
In order to pursue the investigation, the board has the power to subpoena and
examine witnesses and records, including patient records, and to copy, photograph, or
take samples. It may require the licensed addiction counselor to give statements under
oath, to submit to a physical or mental examination, or both, by a physician or
physicians and other qualified evaluation professionals selected by the board if it
appears to be in the best interest of the public that this evaluation be secured. A
written request from the board constitutes authorization to release information. The
patient records that are released to the board are not public records.
Unless there is a patient release on file allowing the release of information at the public
hearing, all data and information, including patient records, acquired by the 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 and closed to the
public. If no patient testimony or records are taken or reviewed, the remainder of the
meeting is an open meeting unless a specific exemption is 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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