2006 Ohio Revised Code - 3793.07. Certification or credentialing of chemical dependency counselors and alcohol and other drug prevention specialists.

§ 3793.07. Certification or credentialing of chemical dependency counselors and alcohol and other drug prevention specialists.
 

(A)  As used in this section: 

(1) "Medicare program" means the program established under Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended; 

(2) "Medicaid program" means the program established under Title XIX of the "Social Security Act." 

(B)  Except as provided in division (D) of this section, the department of alcohol and drug addiction services shall establish and administer a process for the certification or credentialing of chemical dependency counselors and alcohol and other drug prevention specialists for the purpose of qualifying their services for reimbursement under the medicare or medicaid program. The process shall be made available to any individual who is a member of the profession of drug abuse counseling or chemical dependency counseling or any individual who is an alcohol and other drug prevention specialist. Nothing in this section shall be construed as requiring such certification or credentials for services that are not reimbursed by medicare or medicaid. 
 

The department shall cease to administer its process for the certification or credentialing of chemical dependency counselors and alcohol and other drug prevention specialists under this section at the earlier of the following: 

(1) The date, which shall be specified in an agreement between the department and chemical dependency professionals board, on which the board is to assume, under Chapter 4758. of the Revised Code, the department's certification duties; 

(2) Two years after the effective date of this amendment. 

(C)  The department shall adopt rules in accordance with Chapter 119. of the Revised Code establishing standards and procedures for the certification or credentialing process. The rules shall include the following: 

(1) Eligibility requirements; 

(2) Application procedures; 

(3) Minimum educational and clinical training requirements that must be met for initial certification or credentialing; 

(4) Continuing education and training requirements for certified or credentialed individuals; 

(5) Application and renewal fees that do not exceed the cost incurred by the department in implementing and administering the process; 

(6) Administration or approval of examinations; 

(7) Investigation of complaints and alleged violations of this section; 

(8) Maintenance of the confidentiality of the department's investigative records; 

(9) Disciplinary actions, including application denial and suspension or revocation of certification or credentials; 

(10) Any other rules the department considers necessary to establish or administer the certification or credentialing process. 

(D) (1)  Except as provided in division (D)(2) of this section, the department shall not issue an initial certificate or credential to practice as a chemical dependency counselor I, but may renew such a certificate or credential issued prior to the effective date of this amendment or pursuant to division (D)(2) of this section until the department ceases to administer the certification and credentialing process under this section. 

(2) The department may issue an initial certificate or credential to practice as a chemical dependency counselor I to an individual if the individual submitted the application for certification or credentials to the department prior to the effective date of this amendment. 

(E)  The department shall investigate alleged violations of this section or the rules adopted under it. As part of its investigation, the department may issue subpoenas, examine witnesses, and administer oaths. The department shall ensure that all records it holds pertaining to an investigation remain confidential. 

(F)  With respect to hearings conducted by the department as part of the certification or credentialing process, both of the following apply: 

(1) An individual whose application for certification or credentials issued under this section has been denied by the department may request a hearing in accordance with Chapter 119. of the Revised Code and the rules adopted under this section. 

(2) The department may appoint a referee or hearing examiner to conduct the proceedings and make recommendations to the department as appropriate. 

(G)  The department shall maintain a record of all fees collected under this section. All fees collected shall be paid into the state treasury to the credit of the credentialing fund, which is hereby created. Money credited to the fund shall be used solely to pay the costs of establishing and administering the process for certification or credentialing of chemical dependency professionals under this section. 
 

Money credited to the credentialing fund under this section shall be transferred to the occupational licensing and regulatory fund created under section 4743.05 of the Revised Code at the earlier of the following: 

(1) The date, which shall be specified in an agreement between the department and chemical dependency professionals board, on which the board is to assume, under Chapter 4758. of the Revised Code, the department's certification duties; 

(2) Two years after the effective date of this amendment. 

(H)  Certifications made and credentials issued by the Ohio credentialing board for chemical dependency professionals prior to the date the department establishes its certification or credentialing process under this section shall continue to be accepted by the department until, with respect to any particular individual, one of the following occurs: 

(1) The individual's certification or credentials from the board have expired. 

(2) The individual's certification or credentials from the board would be suspended or revoked by the department if the certification or credentials had been issued by the department under this section. 
 

HISTORY: 143 v H 317 (Eff 10-10-89); 146 v S 223 (Eff 3-18-97); 148 v H 471 (Eff 7-1-2000); 148 v S 172, § 1 (Eff 2-12-2001); 149 v H 496. Eff 12-23-2002.
 

The provisions of §§ 3, 5 of HB 496 (149 v  - ) read as follows: 

SECTION 3. That Sections 6 and 7 of Am. Sub. S.B. 172 of the 123rd General Assembly are hereby repealed. That Section 8 of Am. Sub. S.B. 172 of the 123rd General Assembly, as amended by Am. Sub. S.B. 261 of the 124th General Assembly, is hereby repealed. 

This repeal prevents the repeal and reenactment of section 3793.07 of the Revised Code that was to have been effective July 1, 2003, and thereby removes all limitation upon the continued existence of section 3793.07 of the Revised Code as presented in Section 1 of this act. 

SECTION 5. The Department of Alcohol and Drug Addiction Services shall work with the Chemical Dependency Professionals Board to enable the orderly transition from the Department's issuance of certificates and credentials under section 3793.07 of the Revised Code to the Board's issuance of certificates and licenses under Chapter 4758. of the Revised Code. The transition shall be completed at the earlier of the following: 

(A) The date, which shall be specified in an agreement between the Department and Board, on which the Board is to assume the department's duties; 

(B) The date that is two years after the effective date of this section.