Title of Proposed Rule

Title of Proposed Rule: / Update to Addiction Counselor Certification and Licensure Rules
Rule-making#: / 07-3-23-1
Program: Alcohol and Drug Abuse Division / Rule Author: Marc Condojani / Phone: 303-866-7173

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.)

This current change is proposed to make the ADAD rules consistent with the changes driven by H.B. 04-1251, by which DORA regulates all of its programs. The Alcohol and Drug Abuse Division currently has the responsibility for establishing qualifications for the certification and licensure of addiction counselors, while the Department of Regulatory Agencies has the responsibility for the credentialing process and the regulation of addiction professionals. A major change to the ruleswent into effect in 2004. These propose rules will simplify the process and further decrease the barriers to counselor certification, and are a continuation of the refinement of the current rules. These rule changes will make the Alcohol and Drug Abuse Division rules consistent with rules promulgated by DORA for other mental health professionals, including the clarification of the roles of the respective agencies, and updating of language common to the discipline. These proposed rules clarify the certification requirements of clinically supervised work experience, as well as the hours needed of ADAD approved training. The rules further define the application process and the required documentation.

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

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

Explain:

Authority for Rule:

State Board Authority: 26-1-107(6)(g), C.R.S. (2006) - State Board of Human Services shall adopt rules concerning alcohol and drug abuse programs; 26-1-109, C.R.S. (2006) - State Board rules to coordinate with federal programs; 26-1-111, C.R.S. (2006)- State Board 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 cite and a summary of the language authorizing the rule-making)

24-34-102, C.R.S. (2006) - gives the responsibility of certifying, licensing and disciplining addiction counselors to the Colorado Department of Regulatory Agencies, Division of Regulations, but the Department of Human Services and the State Board of Human Services continue to exercise all other rights, powers, duties and functions pertaining to certified or licensed addiction counselors; (continued)

Initial Review / 08/03/2007 / Final Adoption / 09/07/2007
Proposed Effective Date / 11/01/2007 / EMERGENCY Adoption / n/a

DOCUMENT 12

STATEMENT OF BASIS AND PURPOSE (continued)

25-1-207, C.R.S (2006) – 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;

Yes / X / No
Yes / X / No

Does the rule incorporate material by reference?

Does this rule repeat language found in statute?

If yes, please explain.

State Board Administration will send this rule-making package to CCI, OSPB and the JBC. The program has sent this rule-packet to which stakeholders?

Colorado Department of Regulatory Agencies, treatment program providers, trainers of addiction professionals, Managed Service Organizations

Attachments:

Regulatory Analysis

Overview of Proposed Rule

Stakeholder Comment Summary

Rule-making Form SBA-3a (9/05)

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?

Treatment programs

Counselors

Colorado Department of Regulatory Agencies, Division of Registrations

Trainers of addiction 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?

All persons and agencies involved with the certification and licensure of addiction counselors will benefit from the continued clarification and updating of the regulations, as well as the reduction of barriers to certification. The short-term and long-term impact will be better service delivery by qualified counselors.

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 CBMS change request costs required to implement this rule change)

No state fiscal impact

County Fiscal Impact

No county fiscal impact

Federal Fiscal Impact

No federal fiscal impact

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

No fiscal impact for service providers, as these proposed rules are primarily clarification and language updates.

Rule-making Form SBA-3b (6/02)

REGULATORY ANALYSIS(continued)

4. Data Description:

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

None needed for this rule change.

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 one of the listed alternatives.

No other action was proposed, as the need for clarification and updating of the rules was evident, based on feedback from the community, after the initial rules changes were fully implemented.

Rule-making Form SBA-3b (6/02)

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

14.110 / Defines certification and licensure / Clarifies role of DORA, strikes "proficient" as assumed / __ / Yes / X / No
14.130 / Permits members of other professions to render services / Replaces "scope of practice" with "training and experience", consistent with practice / __ / Yes / X / No
14.210, A and D / Defines work experience requirements / Replaces "counselor" with "applicant" to clarify status / __ / Yes / X / No
14.220 / Specifies training requirements / Inserts and clarifies need for "evidence" of training / __ / Yes / X / No
14.220, B / Defines accredited relative to training / Updates name of accrediting institution / __ / Yes / X / No
14.230 / Supervision of work experience / Adds "D" regarding prohibitions of dual relationships / __ / Yes / X / No
14.300 / Specifies certification requirements for CAC I / Specifies time frame for clinically supervised work to assure adequate experience / __ / Yes / X / No
14.300, F, 4 / Continues certification training requirements / Clarifies training requirement / __ / Yes / X / No
14.400, D / Specifies certification requirements for CAC II / Specifies time frame for clinically supervised work / __ / Yes / X / No
14.400, F, 2 and 5-6 / Continues certification training requirements / Updates training requirements / __ / Yes / X / No
14.500, D / Continues requirements for work experience / Specifies time frame for clinically supervised work / __ / Yes / X / No
14.500, F, 3 / Number of hours of elective training required for CAC III / Adds a new training requirement / __ / Yes / X / No
14.500, F, 4 / Training requirements for CAC III / Revises number of hours of training needed for elective training / __ / Yes / X / No
Section Numbers / Current Regulation / Proposed Change /

Stakeholder Comment

14.600 / Lists degrees appropriate for designation / Deletes anthropology and sociology as acceptable degrees; adds human services as an appropriate degree / _X_ / Yes / _ / No
14.600, B, 2, a / Specifies accreditation bodies for regional accreditation / Updates name of accrediting institution / __ / Yes / X / No
14.600, D / Describes application process for DORA / Deletes language as duplicative of DORA regulations / __ / Yes / X / No
14.710 / Specifies components of initial application / Specifies DORA requirement as needed as a part of the application / __ / Yes / X / No
14.720 / Application for advancement requirements / Deletes redundant language, as the process is already defined / __ / Yes / X / No
14.730 / Describes renewal process / Adds "licensure" to update language / __ / Yes / X / No
14.730, A-B / Renewal application process / Adds language regarding failure to receive notice and specifies grace period for renewal / __ / Yes / X / No
14.740 / Defines reinstatement provisions / Adds "licensure" to reinstatement language and adds language to specify ADAD requirements for reinstatement; deletes DORA language as duplicative of DORA regulations / __ / Yes / X / No
14.750 / Specifies application for endorsement process / Deletes redundant language; updates to include documentation required / __ / Yes / X / No
14.810, I / Reasons for violations of certification / Adds prohibited activities / __ / Yes / X / No

Rule-making Form SBA-3c (6/02)

STAKEHOLDER COMMENT SUMMARY

The following individuals and/or entities were contacted and informed that this rule-making was proposed:

Colorado Department of Regulatory Agencies, treatment program providers, trainers of addiction professionals, Managed Service Organizations

Comments were received from stakeholders on the proposed rule-making:

X / Yes / No

If “yes”, please summarize and/or attach the feedback you received:

Comments were made relative to clarification of language and format, as well as specific recommendation for documentation, and hours needed of training and experience.

Comment #1. In reviewing the proposed CAC regulation changes I note that sections 14.600B.1.a & b should ADD "Human Services Counseling" to the list of masters and doctoral degrees by which someone could be eligible for the Licensed Addiction Counselor credential in Colorado. As you know Metropolitan State College of Denver's Human Services Department, with it's Center for Addiction Studies Counseling concentration prepare students to be professional addiction counselors. This is evident by the special recognition and accommodation ADAD and DORA has bestowed on graduates toward CAC certification. Masters and doctorial level programs in Human Services would adequately prepared a person for licensure. Secondly, I believe the two degree categories of anthropology and sociology were eliminated somewhere in the past from sections 14.600 B.1.a & b. So I assume it was likely an oversight that they re-appeared. As a professional (LAC) in the addiction treatment field for over 35 years, President of SACC (Society of Addiction Counselors of Colorado) and a professor at Metropolitan State College of Denver (Center for Addiction Studies), it is my opinion that the two degree areas of anthropology and sociology, while honorable academic areas, would not sufficiently prepare someone to be a Licensed Addiction Counselor (LAC). This action will assist in bringing full parity for the LAC license in Colorado. If you desire additional information regarding these concerns, please contact me at your convenience.

Cordially, Scott DeMuro, PhD, LAC, MAC

Co-Director, Center for Addiction Studies

Metropolitan State College of Denver

Comment #2: These rules look good. Thank you very much,

Tia Johnson

Complaint Processing Specialist

DORA

Mental Health Boards

Comment #3: This all fits with my memory. Nice work! S.

Sandy McFall, MA, LAC, NCACII

Clinical Director, West Slope Casa

Substance Abuse Director, Colorado West Regional MHC

Marc - Read through the document - looks great. Mita.

"Evergreen Consulting Group, LLC"

Rule-making Form SBA-3d (6/02)

6 CCR 1008-3

ADDICTION COUNSELOR CERTIFICATION AND LICENSURE

"TABLE OF CONTENTS"

14.100ADDICTION COUNSELOR CERTIFICATION AND LICENSURE

14.200CERTIFICATION BY TRAINING AND WORK EXPERIENCE

14.300CERTIFICATION REQUIREMENTS FOR A CAC I

14.400CERTIFICATION REQUIREMENTS FOR A CAC II

14.500CERTIFICATION REQUIREMENTS FOR A CAC III

14.600REQUIREMENTS FOR LICENSED ADDICTION COUNSELORS (LAC)

14.700APPLICATION

14.800PROHIBITED ACTIVITIES

14.900COORDINATION WITH THE DEPARTMENT OF REGULATORY

AGENCIES, MENTAL HEALTH SECTION

6 CCR 1008-3

ADDICTION COUNSELOR CERTIFICATION AND LICENSURE14.100 - 14.120

14.100ADDICTION COUNSELOR CERTIFICATION AND LICENSURE

14.110CERTIFICATION AND LICENSURE

Rev. eff.The Colorado Department of Regulatory Agencies (DORA) provides

3/1/04certification and licensure for addiction counselors. These are twoof the credentialing methods ARE required for counselors who provide services in alcohol and drug treatment programs, which are licensed by the Alcohol and Drug Abuse Division (ADAD). The role of the proficient addiction counselor encompasses a spectrum of skills specific to treating the alcohol and other drug abuse client. Certified and licensedaddiction counselors (CAC and LAC) possess a body of knowledge, skills, training and work experience in the treatment of the alcohol or drug abuse clients that distinguishes the addiction counselor profession from other health care professions. Counselor certification consists of three levels. Counselor licensure offers a fourth level of credentialing for addiction professionals and is comparable to licensure of other mental health professionals. No counselor shall provide clinical services beyond his/her level of competence.

14.120ADDICTION COUNSELING

Rev. eff.Professional addiction counseling consists of the application of general

3/1/04counseling theories and treatment methods adopted specifically for alcohol and drug theory and research for the express purpose of treating alcohol and drug problems. Addiction counseling practice may include, but is not limited to:

A.Client Evaluation including Screening and Assessment

B.Treatment Planning including Initial, Ongoing, Continuity of Care Planning, and Discharge Planning

C.Crisis Intervention

D.Individual, Group, Couple, and Family Counseling/Psychotherapy

E.Client Education

F.Advocacy

THIS REVISION: / XIV-04-1 / LAST REVISION: / XIV-01-1 / REVISION NUMBER
Adopted: / 1/9/2004 / Adopted: / 12/7/2001 / 1
Effective Date: / 3/1/2004 / Effective Date: / 2/1/2002
COLORADO DEPARTMENT OF HUMAN SERVICES
ALCOHOL AND DRUG ABUSE DIVISION
RULES

6 CCR 1008-3

ADDICTION COUNSELOR CERTIFICATION AND LICENSURE 14.120 - 14.140

14.120ADDICTION COUNSELING (continued)

G.Case Management

H.Relapse Prevention

I.Clinical Supervision

J.Treatment Evaluation

14.130OTHER PROFESSIONALS

Rev. eff.Nothing in these guidelines RULES shall be construed to prevent members of

3/1/04other professions licensed under the laws of this state from rendering services within theIR scope of practicetraining and experience, so long as they do not represent themselves to be Colorado Certified Addiction Counselors (CACs) or Licensed Addiction Counselors (LACs).

14.140LEVELS OF CERTIFICATION AND LICENSURE

Rev. eff.Certified and licensedaddiction counselors may be certified OR LICENSED at one of the

3/1/04following four levels and be identified as:

A.“CAC I, Certified Assistant Addictions Counselor”, herein after referred to in these rules as a CAC I, is defined as an entry-level certification, and persons with this certification shall not conduct alcohol and drug individual and group counseling services independently. A CAC I may co-facilitate individual or group counseling services or assume other therapeutic co-facilitation duties with a CAC II, CAC III, or LAC. A CAC I may write treatment chart notations when cosigned by a CAC II, CAC III, or LAC.

B.“CAC II, Certified Addictions Counselor”, herein after referred to in these rules as a CAC II, is defined as a counselor who may conduct alcohol and drug individual and group counseling services independently. A CAC II may perform the complete range of duties associated with alcohol and drug abuse treatment, with the exception of clinical supervision.

6 CCR 1008-3

ADDICTION COUNSELOR CERTIFICATION AND LICENSURE14.140 - 14.150

14.140LEVELS OF CERTIFICATION AND LICENSURE (continued)

C.“CAC III, Certified Senior Addictions Counselor”, herein after referred to in these rules as a CAC III, has the authority to operate independently, may also assume clinical supervision duties and must have successfully completed the required clinical supervision training.

D."LAC, Licensed Addiction Counselor", herein after referred to in these rules as a LAC, has the authority to operate independently, may also assume clinical supervision duties and must have successfully completed the required clinical supervision training. An LAC can also supervise other licensed and unlicensed mental health professionals with the approval of the appropriate board regulated by the Department of Regulatory Agencies (DORA), Mental Health Section.

14.150COUNSELOR AGE REQUIREMENT

Rev. eff.No person shall be certified or licensedas a counselor unless s/he is 18

3/1/04years of age or older on the date of application.

6 CCR 1008-3

ADDICTION COUNSELOR CERTIFICATION AND LICENSURE 14.200 - 14.210

14.200CERTIFICATION BY TRAINING AND WORK EXPERIENCE

14.210Work Experience

Rev. eff.“Work experience” is defined as paid or unpaid, clinically supervised

3/1/04addiction specific counseling. Addiction counseling work experience herein after referred to as “work experience” does not have to be acquired in an ADAD licensed alcohol and drug treatment program setting, but it shall meet the criteria as stated in Sections 14.300, D, 14.400, D, and 14.500, D.

A.The State prescribed Work Verification Form (WVF) shall be used to document work experience, including student internships. This WVF is part of the certification application form and shall be completed by the applicant and the clinical supervisor or the program supervisor of the employing agency for all paid and unpaid work experience credit. The counselor APPLICANT and the clinical or program supervisor shall document specialized alcohol and drug treatment counseling experience via a formal work verification form (WVF) identifying total number of hours which are specific to addiction treatment functions, total number of hours of clinical supervision received, and credentials of the clinical supervisor. The applicant shall submit a job description if requested.