Statement of Basis and Purpose

Title of Proposed Rule: / Addiction Counselor Certification and Licensure Revisions
Rule-making#: / 10-3-30-1
Office or Division/Program: Division of Behavioral Health / Rule Author: Judith Moor / Phone: 303-866-7490
E-Mail:

STATEMENT OF BASIS AND PURPOSE

Summary of the basis and purpose for the rule or rule change. (State what the rule says or does, explain why the rule or rule change is necessary and what the program hopes to accomplish through this rule.)

The Division of Behavioral Health (DBH) in the Colorado Department of Human Services (CDHS) currently has the responsibility for establishing qualifications for the certification and licensure of professional addiction counselors. As part of a regular review of the Addiction Counselor Certification and Licensure rules to determine if the rules continue to provide for adequately training addiction counselors to meet the needs of the client population served, the Division of Behavioral Health, with the aid of a committee of eight persons who represent many of the stakeholder groups in Colorado working together since October 2008, has created proposed rule revisions for the addiction counselor requirements for training, education, clinically supervised work experience, examination and required clinical supervision. DBH has met collaboratively over the past two years with the Department of Regulatory Agencies (DORA), which has the responsibility for the credentialing process and the regulation of professional addiction counselors, to gather input regarding these proposed rule changes.

This proposed rule changes attempt to make comprehensive and dynamic revisions of the Addiction Counselor Certification and Licensure rules that will set a new standard of excellence in training addiction counselors in Colorado with a further goal of better preparing addiction counselors to enter the workforce and meet the needs of an increasingly diverse group of clients. These proposed rules increase the educational standards for certification levels to be more consistent with other states and national guidelines, increase the training requirements specific to the use of evidence-based practices, clarify requirements and responsibilities of clinical supervisors who play a key role in on-the-job training, and require passage of a national examination that meets the national standard for testing knowledge and application of addiction counseling skills and abilities.

An emergency rule-making (which waives the initial Administrative Procedure Act noticing requirements) is necessary:

to comply with state/federal law and/or
to preserve public health, safety and welfare

Explain:

Initial Review / 06/04/2010 / Final Adoption / 07/09/2010
Proposed Effective Date / 09/01/2010 / EMERGENCY Adoption / n/a

DOCUMENT 2

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[Note: “Strikethrough” indicates deletion from existing rules and “all caps” indicates addition of new rules.]

STATEMENT OF BASIS AND PURPOSE (continued)

Authority for Rule:

State Board Authority: 25-1-207(1)(d), C.R.S. (2009) – State Board of Human Services has the power to promulgate rules governing the standards that must be met by addiction counselors to participate in public programs or to provide purchased services and certification requirements; 26-1-107(6)(g), C.R.S. (2009) - State Board of Human Services shall adopt rules concerning alcohol and drug abuse programs; 26-1-109, C.R.S. (2009) - State Board rules to coordinate with federal programs; 26-1-111(2), (5), C.R.S. (2009) – State Department to promulgate rules for public assistance and welfare activities, to cooperate with other departments of state and federal governments, and administer alcohol and drug abuse programs

Program Authority: (give federal and/or state citations and a summary of the language authorizing the rule-making)

Part 2 of Title 25 gives oversight authority of alcohol and drug abuse programs to the Department of Human Services; 25-1-211, C.R.S. (2009) - establishes the addiction counselor training fund which provides for the training necessary to allow addiction counselors to deliver alcohol and drug treatment services

X / Yes / No
Yes / X / No

Does the rule incorporate material by reference?

Does this rule repeat language found in statute?

If yes, please explain.

In Section 14.130, Definitions, a federal citation is incorporated by reference regarding “federal confidentiality regulations” as found in 42 CFR Part 2, which applies specifically to the practice of addiction counseling.

State Board Administration will send this rule-making package to Colorado Counties, Inc., Office of State Planning and Budgeting, and the Joint Budget Committee. The program has sent this proposed rule-making package to which stakeholders?

Colorado Department of Regulatory Agencies, Managed Service Organizations, Substance Use Disorder Treatment Program Providers, trainers of addiction counselor professionals, and certified and licensed addiction counselors

Attachments:

Regulatory Analysis

Overview of Proposed Rule

Stakeholder Comment Summary

Rule-making Form SBA-3a (08/09)

REGULATORY ANALYSIS

(complete each question; answers may take more than the space provided)

1. List of groups impacted by this rule:

Which groups of persons will benefit, bear the burdens or be adversely impacted by this rule?

The group of persons most impacted by the proposed changes to these rules will be those seeking to obtain certification and/or licensure as addiction counselors in Colorado and those seeking to become certified at a higher level. Others affected are the Division of Behavioral Health (DBH) CAC Clinical Training Program; the Department of Regulatory Agencies, Division of Registrations, Mental Health Section; and, the DBH approved trainers of addiction counseling professionals.

2. Describe the qualitative and quantitative impact:

How will this rule-making impact those groups listed above? How many people will be impacted? What are the short-term and long-term consequences of this rule?

Updates have been made to the core training requirements for the professional addiction counselor at all three levels of certification in order to meet the rapidly changing workforce requirements as evidenced by the integration of mental health and addiction treatment services at the state level. The training requirements for the Certified Addiction Counselor (CAC) Level I and Level II have been increased to provide a broader foundation of the principles of addiction treatment. Those individuals seeking to attain Certified Addiction Counselor (CAC) Level III, which is the supervisory level, will need to earn a Bachelor’s degree in a behavioral health science in order to be eligible to apply for a CAC III. Currently there are approximately 1,750 certified Level III addiction counselors and approximately 200 licensed addiction counselors in Colorado who will not be affected by this rule change due to grandfathering. There are approximately 1,000 certified addiction counselors at Levels I and II who may be impacted and an unknown number of future applicants.

The short-term impact of these rules will require an adjustment in career planning in the workforce and is designed to bring additional CAC Level II counselors into the workforce and more rapidly meet the needs of treatment providers across the state. The longer-term impact will mean a pronounced increase in the professionalism of all addiction counselors with a particular emphasis on clinical supervision. DBH will need to create core competencies for the new training classes and approve trainers to deliver these required classes. DORA will need time to revise application forms and other processes.

3. Fiscal Impact:

For each of the categories listed below explain the distribution of dollars; please identify the costs, revenues, matches or any changes in the distribution of funds even if such change has a total zero effect for any entity that falls within the category. If this rule-making requires one of the categories listed below to devote resources without receiving additional funding, please explain why the rule-making is required and what consultation has occurred with those who will need to devote resources.

State Fiscal Impact (Identify all state agencies with a fiscal impact, including any Colorado Benefits Management System (CBMS) change request costs required to implement this rule change)

The only identified state fiscal impact may be to DORA for revision of the addiction counselor certification applications and posting to their website.

Rule-making Form SBA-3b (10/08)

REGULATORY ANALYSIS (continued)

County Fiscal Impact

No county fiscal impact.

Federal Fiscal Impact

No federal fiscal impact.

Other Fiscal Impact (such as providers, local governments, etc.)

The cost of obtaining the specialized training to become an addiction counselor in Colorado will now include the cost associated with the passage of a national examination for those seeking certification at the Certified Addiction Counselor (CAC) Level II and III. In addition, the requirement of a Bachelor’s degree for a CAC III will require a greater investment of time and money for a career as a professional addiction counselor with clinical supervision responsibilities. A survey of addiction counselors in Colorado conducted in 2004 by the Mountain West Addiction Technology Transfer Center (MWATTC) indicated that nearly 75% of those responding to the survey already held either a Bachelor’s or Master’s degree; therefore, approximately 25% of the workforce overall may be affected by this academic requirement for the CAC III certification level.

4. Data Description:

List and explain any data, such as studies, federal announcements, or questionnaires, which were relied upon when developing this rule?

Center For Substance Abuse Treatment, Addiction Counseling Competencies: The Knowledge, Skills, And Attitudes Of Professional Practice. Technical Assistance Publication (Tap) Series 21. DHHS Publication No. (SMA) 07-4171. Rockville, MD: Substance Abuse And Mental Health Services Administration, 2006, Reprinted 2007.

Mountain West Addiction Technology Transfer Center (MWATTC) survey of the Colorado addiction counselor workforce (2004).

5. Alternatives to this Rule-making:

Describe any alternatives that were seriously considered. Are there any less costly or less intrusive ways to accomplish the purpose(s) of this rule? Explain why the program chose this rule-making rather than taking no action or using another alternative.

No other action was proposed, as the need for updating the rules was evident, based on feedback from the treatment community, the Department of Regulatory Agencies, the DBH approved trainers of the addiction counseling training classes, and the currently certified and licensed addiction counselors.

Rule-making Form SBA-3b (10/08)

OVERVIEW OF PROPOSED RULE

Compare and/or contrast the content of the current regulation and the proposed change.

Section Numbers / Current Regulation / Proposed Change /

Stakeholder Comment

Title / Addiction Counselor Certification and Licensure Standards / Change from “standards” to “rules” / __ / Yes /

X

/ No
14.110 / Defines addiction counseling, three levels of certification, licensure and the roles of ADAD and DORA / Re-titled” Authority” and added the name of the Division of Behavioral Health (DBH) which replaces the Alcohol and Drug Abuse Division (ADAD); defines roles of DBH and DORA and adds clarification of the role of DBH in overseeing the training program of addiction counselors in the state / __ / Yes /

X

/ No
14.120 / Defines professional addiction counseling / Revised to explain who is affected by these rules and moves title protection language “other professions” into this section / __ / Yes /

X

/ No
14.130 / Other professionals / Moved section regarding other professionals to section 14.120; replaced with new section entitled “Definitions:, which provides clarification of the language used in the proposed rules / __ / Yes /

X

/ No
14.140 / New / Added addiction counselor competencies based on national standards / __ / Yes /

X

/ No
14.150
(formerly 14.140) / Levels / Revised section that defines the levels of certification and licensure / __ / Yes /

X

/ No
14.160
formerly 14.150) / Counselor age requirement / Revised section on counselor age requirement / __ / Yes /

X

/ No

OVERVIEW OF PROPOSED RULE (continued)

Section Numbers / Current Regulation / Proposed Change /

Stakeholder Comment

14.200 / Certification by training and work experience / Re-titled and added education to the training and clinically supervised work experience / _X_ / Yes / _ / No
14.210 / Defines training and work experience requirements generally for certification and licensure / Provides clarification for clinically supervised work experience with additional language specific to those applicants with criminal histories; defines use of Work Verification Form (WVF) / _X_ / Yes / _ / No
14.220 / Specifies training requirements / Added both education and examination requirements to the training requirements as well as removed specific training classes from the rules / _X_ / Yes / _ / No
14.230 / Clinical supervision of work experience / Deleted this section as subject is covered in section 14.210 / __ / Yes /

X

/ No
14.300 / Certification requirements for a CAC I / Added high school diploma or equivalent and added provision that all training classes must have been taken within five years of the application date to DORA / _X_ / Yes / _ / No
Added provision that all training class requirements will be determined by the DBH clinical training program separate from the rules; redefined client care functions acceptable for a counselor-in-training working toward CAC I certification / __ / Yes /

X

/ No

OVERVIEW OF PROPOSED RULE (continued)

Section Numbers / Current Regulation / Proposed Change /

Stakeholder Comment

14.400 / Certification requirements for a CAC II / Added high school diploma or equivalent; added provision that all training classes must have been taken within five years of the application date to DORA; added provision that all training class requirements will be determined by the DBH clinical training program separate from the rules; and, added requirement for passage of a national examination / _X_ / Yes / _ / No
Redefined addiction treatment functions required for a counselor-in-training working toward CAC II certification and specified requirements for those applicants with a Master’s degree or above who wish to attain certification / __ / Yes /

X

/ No
14.500 / Certification requirements for a CAC III / Add requirement for a Bachelor’s degree in a behavioral health science; added provision that all training classes must have been taken within five years of the application date to DORA; added requirement that a CAC II be awarded prior to application for a CAC III; and, redefined addiction treatment functions required for applicants working towards CAC III / _X_ / Yes / _ / No

OVERVIEW OF PROPOSED RULE (continued)