5.__Nonprovider.__"Nonprovider" means an individual who neither is presently nor has been any of the following for the past 3 years:

A.__An alcohol and drug counselor;

B.__An administrator or board member of a facility or program that provides alcohol and drug counseling services; or

C.__The spouse of any of those persons listed in paragraphs A and B.

6.__Licensed alcohol and drug counselor.__"Licensed alcohol and drug counselor" means an individual who provides the service of professional alcohol and drug counseling to the public for a fee, monetary or otherwise, and who meets the criteria established in sections 20089-A and 20089-C for a licensed alcohol and drug counselor.

7.__Inactive alcohol and drug counselor.__"Inactive alcohol and drug counselor" means a licensed or registered alcohol and drug counselor who registers with the board for a leave from the field for a period not to exceed 2 years.__Inactive alcohol and drug counselors are not required to take the written or oral examinations nor provide documentation of continuing education during the period they have abstained from practice.__Inactive alcohol and drug counselors must notify the board for license renewal prior to resuming their practice.

8.__Alcohol and drug counseling services.__"Alcohol and drug counseling services" are those counseling services offered for a fee, monetary or otherwise, as part of the treatment and rehabilitation of persons abusing alcohol or other drugs.__The purpose of alcohol and drug counseling services is to help individuals, families and groups confront and resolve problems caused by the abuse of alcohol or other drugs.__Alcohol and drug counseling services are the 12 core functions defined by rule of the board.

9.__Registered alcohol and drug counselor.__"Registered alcohol and drug counselor" means a practitioner who provides the service of professional alcohol and drug counseling to the public for a fee, monetary or otherwise, who does not engage in private practice and who meets the criteria established in sections 20089-A and 20089-B for a registered alcohol and drug counselor.

§20082.__Reporting

By August 1st of each year, the board shall submit to the commissioner for the preceding fiscal year ending June 30th, an annual report of its operations and financial position, together with such comments and recommendations as the board considers essential.__The commissioner shall maintain the board's funds in a separate account and shall provide the board with a quarterly accounting of its revenues and expenses.__When submitting any budget request to the Legislature, the department and the Governor shall provide that any funds for the board be listed in a separate account.

§20083.__Licensing

A person may not, unless specifically exempted by this subchapter, practice as an alcohol and drug counselor or profess to the public to be, or assume or use the title or designation of, "inactive alcohol and drug counselor," "licensed alcohol and drug counselor" or "registered alcohol and drug counselor" or the abbreviation "I.A.D.C.," "L.A.D.C." or "R.A.D.C." or any other title, designation, words, letters or device tending to indicate the person is licensed or registered, unless that person is licensed or registered with and holds a current and valid license or certificate of registration from the board.__A person who offers or gives alcohol and drug counseling services for compensation in violation of this section must be punished, upon adjudication, by a fine of not less than $50 and not more than $500 for each such offense.

§20084.__Exemptions

1.__Peer groups; self-help.__This subchapter may not be construed to prevent any person from engaging in or offering substance abuse services such as self-help, sponsorship through alcoholics or narcotics anonymous groups or other uncompensated substance abuse assistance.

2.__Government and school employees.__This subchapter may not be construed to apply to the activities and services of an employee or other agent of a recognized academic institution; a federal, state, county or local government institution, a program agency or facility; or a school committee, school district, school approved for attendance purposes pursuant to Title 20-A, section 2901, school board or board of trustees, if the individual is performing those activities solely within the agency or under the jurisdiction of that agency and if a license granted under this subchapter is not a requirement for employment.

3.__Clergy.__This subchapter may not be construed to apply to the activities and services of any priest, rabbi, member of the clergy, Christian Science healer or minister of the gospel of any religious denomination when performing counseling services as part of religious duties and in connection with a specific synagogue or church of any religious denomination.

4.__Interns.__This subchapter may not be construed to apply to the activities and services of a student, intern or trainee in substance abuse counseling pursuing a course of study in counseling in a regionally accredited institution of higher education or training institution, if those activities are performed under supervision and constitute a part of the supervised course of study.

5.__Other licensed professionals.__This subchapter may not be construed to prevent a person licensed in the field of medicine, psychology, nursing, social work or professional counseling who is qualified to provide substance abuse counseling services by virtue of the requirements for that profession from engaging in or offering substance abuse counseling services if such a person does not profess to be providing the service of a substance abuse counselor as the sole professional service rendered by that person.__These professionals may not be required to obtain additional certification in order to provide substance abuse counseling services as permitted by this subsection.

§20085.__Registration required

1.__Alcohol and drug counselor.__A person who performs or offers to perform alcohol and drug counseling services for a fee, monetary or otherwise, and who professes to be an alcohol and drug counselor is required to submit evidence of the qualifications to practice and must be registered or licensed in accordance with this subchapter.

2.__Evidence of qualifications.__An individual who is providing the service of alcohol and drug counseling to the public for a fee, monetary or otherwise, and who is not employed in a program certified or licensed by the State is required to submit evidence of the qualifications to practice and must be licensed as a licensed alcohol and drug counselor as provided in this subchapter.__An individual who is providing the service of alcohol and drug counseling to the public for a fee, monetary or otherwise, and who is employed in a program certified or licensed by the State must be registered or be licensed pursuant to this subchapter.

ARTICLE II

STATE BOARD OF ALCOHOL AND DRUG COUNSELORS

§20086.__Appointment; terms; vacancies

1.__Membership.__The State Board of Alcohol and Drug Counselors, as established by section 12004-A, subsection 41, consists of 9 members.__Seven members are appointed by the Governor.__One member must be the director or a designee.__One member, appointed by the Chancellor of the University of Maine System, must be a member of the university faculty involved in the training of substance abuse or alcohol and drug counselors.__ Of these 9 members, 5 members must be licensed alcohol and drug counselors and 2 members must be public members.__Members must represent a broad geographic distribution of the State.

2.__Term of office.__Appointments are for 3-year terms.__ Appointments of members must comply with Title 32, section 60.

§20087.__Removal of board members

A board member may be removed by the Governor for cause.

§20088.__Meetings; elections; quorum

The board shall meet at least once a year to conduct business and elect officers.__Additional meetings may be held as necessary to conduct the business of the board, and may be convened at the call of the chair or a majority of the board members.__Six members of the board constitute a quorum for all purposes.

The board shall elect a chair and such officers as determined necessary to carry out the business of the board.__The board shall keep such records and minutes as are necessary to the ordinary dispatch of its functions.

§20089.__Powers and duties of board

The board has the following powers and duties in addition to all other powers and duties imposed by this subchapter.

1.__Set standards. The board shall administer and enforce this subchapter, set forth education and examination standards and evaluate the qualifications for licensure.__Any standards of eligibility set by the board must be clearly defined, measurable and written in accordance with accepted standards and be available to the public upon request.

2.__Adopt criteria.__The board, in cooperation with the office, may design and adopt an examination or other suitable

criteria for establishing a candidate's knowledge, skill and experience in alcohol and drug counseling.__Any criteria adopted by the board for establishing a candidate's knowledge, skill and experience in alcohol and drug counseling must be clearly defined, have an established baseline scoring procedure that is objectively measured, be in writing and be available to the public upon request.

3.__Registration and standards.__The board may register and set standards of practice for all persons practicing as alcohol and drug counselors who are working in the State.__Any standards set by the board for practice for alcohol and drug counselors working in the State must be clearly defined, measurable and written in accordance with accepted standards and available to the public upon request.__Educational background must be a consideration in any licensing or registration standards adopted by the board.

4.__Rules. The board may adopt such rules and establish such advisory committees as the board considers necessary and proper to carry out this subchapter.__Rules must be adopted in accordance with the procedures established in chapter 375, subchapter II and are routine technical rules as defined in chapter 375, subchapter II-A.

5.__Complaints.__The board shall investigate, or cause to be investigated, all complaints made to it and all cases of noncompliance with or other violation of this subchapter or any rules adopted by the board.

6.__Hearings.__Hearings must be conducted by the board to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of registration or licensure or as otherwise considered necessary to the fulfillment of its responsibilities under this subchapter.

The board may not refuse to renew registration or licensure for any reason other than failure to pay a required fee unless it has afforded the licensee an opportunity for an adjudicatory hearing.__ The board shall hold an adjudicatory hearing at the written request of any person who is denied registration or licensure without a hearing for any reason other than failure to pay a required fee, as long as the request for hearing is received by the board within 30 days of the applicant's receipt of written notice of the denial of application, the reasons for the denial of application and the applicant's right to request a hearing.__ Hearings must be conducted in conformity with chapter 375, subchapter IV, to the extent applicable.__The board may subpoena witnesses, records and documents in any hearing it conducts.

7.__Records.__The board shall keep records and minutes for the ordinary dispatch of its functions.

8.__Code of ethics.__The board shall adopt a code of ethics generally in keeping with standards established by the national professional associations concerned with the areas of board responsibility.

9.__Issue licenses.__The board shall issue licenses as necessary to implement this subchapter.

10.__Service provider reports.__The board shall keep on file for 2 years the service provider reports furnished under Title 22, section 7208.__The board shall use the list supplied by the Department of Human Services under that section as an aid to ensure that all providers file the reports required by that section and that those reports are accurate.__The board may take disciplinary action under chapter 375, subchapter IV for failure to provide the required reports and for intentional inaccuracies in the reported information.__The board shall make a statistical compilation of these individual reports at the end of each year.

11.__Clinical supervision.__For purposes of direct clinical supervision of licensed practitioners in the field of alcohol and drug counseling, the board may certify upon receipt of a proper application and fee licensed psychologists, physicians, registered clinical nurse specialists, clinical professional counselors and clinical social workers who are qualified to provide alcohol and drug counseling services by virtue of the requirements for that profession.__Other members of any mental health profession must meet the criteria set forth by the International Certification and Reciprocity Consortium, or a successor organization, or equivalent qualifications as determined by the board by rulemaking.

ARTICLE III

REGISTRATION AND LICENSURE

§20089-A.__Eligibility requirements for persons providing alcohol

and drug counseling

To be eligible to practice as an alcohol and drug counselor, an applicant must:

1.__Age; education. Be at least 18 years of age, have a high school diploma or its equivalent and demonstrate trustworthiness and competence to engage in the practice of alcohol and drug

counseling in such a manner as to safeguard the interests of the public; and

2.__Abstinence from drugs and alcohol.__Have abstained from the active abuse of alcohol or any other drug that in the judgment of the board has been or could have been detrimental to the applicant's performance or competency as an alcohol and drug counselor.__It is strongly recommended that applicants have abstained for at least the 2-year period immediately preceding the date on which application is made. In considering an applicant for registration, the board may not consider a history of previous alcoholism or drug addiction as an essential qualification nor disqualification for registration or licensure.

§20089-B.__Eligibility requirements for registration

An individual may not practice as an alcohol and drug counselor for a fee, monetary or otherwise, unless that individual is licensed pursuant to this subchapter or registers with the board.__Each individual who is not licensed and who engages in alcohol and drug counseling shall register with the board every 2 years.__Each individual who registers shall fill out a form designed by the board.__A person registered to provide alcohol and drug counseling services may not practice without supervision or engage in private practice.

The board may issue a license to practice as a registered alcohol and drug counselor upon the affirmative vote of 6 members of the board to any applicant who has met the eligibility requirements set forth in section 20089-A.

An applicant who is not issued a license or a certificate of registration may again apply for registration after a period of not less than 6 months from the date of the last denial.

§20089-C.__Eligibility requirements for qualification as

licensed alcohol and drug counselor

1.__Licensed alcohol and drug counselor.__The board shall issue a license to practice as a licensed alcohol and drug counselor upon the affirmative vote of at least 6 members of the board to any applicant who has satisfactorily met the following minimal requirements:

A.__Met the eligibility requirements set forth in section 20089-A;

B.__Obtained a passing grade, as established by the board, on the written and oral examinations the board has prescribed by its rules;

C.__Obtained at least an associate's degree in an appropriate social science field from an accredited institution or program approved by the board with a concentration of course work in the 12 core functions defined by rule of the board;

D.__Completed a minimum of 4,000 supervised direct client service hours in the 12 core functions defined by rule of the board.__This work experience may be gained in any supervised activity, including volunteer work or student placement, that relates to the core functions described in the board's licensing examination; and

E.__Provided documentation of experience with a wide range of clients, in a wide range of treatment settings while working independently.

2.__Other qualifications.__An individual who has obtained a master's degree in counseling, substance abuse or a related field and who can document 1,000 hours of direct service to clients with problems related to substance abuse is eligible to apply for licensure and must be licensed in accordance with this subchapter.__The board may adopt rules to recognize exceptional education or experience that qualifies an applicant to apply for licensure.

§20089-D.__Application

A person registered by the board as a registered substance abuse counselor prior to September 1, 1987 is automatically licensed as a licensed alcohol and drug counselor.

A person registered by the board as a registered substance abuse counselor, provisional or not registered by the board but who is providing the primary service of professional alcohol and drug counseling to the public and who is not employed in a program certified or licensed by the State prior to the effective date of this section shall comply with the requirements of section 20085, subsection 2, by July 1, 2002.

§20089-E.__Application; membership fees

Application for registration as a registered alcohol and drug counselor or for licensure as a licensed alcohol and drug counselor must be on forms prescribed and furnished by the board. The director may establish by rule fees for purposes authorized under this subchapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $200 annually.__Rules adopted

pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

§20089-F.__Examinations

The board shall make reasonable arrangements for written and oral examinations to be held at times and places necessary to accommodate those persons applying to take the examinations.__The examinations must be graded using established written baseline scores for failure or passage, be based on accepted alcohol and drug counseling criteria and include measurable and clearly defined procedures for grading the results and issuing a pass or fail decision.__Decisions on all examinations, oral and written, must be in writing and include a grade, a summary of the criteria for the grade and an explanation of the procedure for reexamination or appeal.__Notice of the examination results must be forwarded to the applicants within 15 days of the date on which the examination was conducted.__The board may use fees generated from examinations to pay examination evaluators.

ARTICLE IV

SUSPENSION AND REVOCATION

§20089-G.__Suspension and revocation

The board may suspend or revoke a license or certificate of registration pursuant to section 10004.__In addition, the board may refuse to issue or renew or the District Court may suspend, revoke or refuse to renew a license or certificate of registration on any of the following grounds:

1.__Fraud or deceit.__The practice of fraud or deceit in obtaining a license or a certificate of registration under this subchapter or in connection with services rendered as an alcohol and drug counselor;

2.__Active abuse.__Active abuse of alcohol or any other drug that in the judgment of the board is detrimental to the performance or competence of an alcohol and drug counselor;

3.__Mental incompetence.__A legal finding of mental incompetence;

4.__Aiding and abetting misrepresentation.__Aiding or abetting a person not duly licensed or registered as an alcohol and drug counselor in representing that person as a licensed alcohol and drug counselor or registered alcohol and drug counselor in this State;

5.__Unprofessional conduct or negligence.__Gross negligence, incompetence, misconduct or violation of the code of ethics established by the board in the performance of alcohol and drug counseling services;

6.__Criminal conviction.__Subject to the limitations of chapter 341, conviction of a Class A, B or C crime or of a crime which, if committed in this State, would be punishable by one year or more of imprisonment;

7.__Incompetence in the practice of counseling.__Incompetence in the practice of counseling such as engaging in conduct that evidences a lack of ability or fitness to discharge the duty owed by the counselor to a client or engaging in conduct that evidences a lack of knowledge or inability to apply principles or skills to carry out the practice for which that person is licensed, certified or registered; or

8.__Valid cause.__Any other valid cause including violation of any provision of this subchapter or rule of the board.

§20089-H.__Issuance after denial, suspension or revocation

An individual whose license or registration has been denied, suspended or revoked may apply to the board for licensure, registration or certification reinstatement one year after the date of the board's original action.__A competence review is a condition of reinstatement.__The board shall determine the nature of this review and adopt rules.

§20089-I.__Expiration and renewal

A license or registration under this subchapter expires annually on November 30th or at such other time as the commissioner may designate.__Licensure or registration may be renewed upon written application, the approval of the board and the payment of the fee provided.__ Before a license or registration may be renewed, the applicant must present evidence of continued professional learning and training of a type acceptable to the board.__At a minimum, applicants for renewal must document the successful completion of at least 50 hours of continuing education, as defined by the board, within 2 years.

Licensure or registration may be renewed up to 90 days after the date of expiration upon payment of a late fee in addition to the renewal fee.__A person who submits an application for renewal more than 90 days after the license renewal date is subject to all requirements governing new applicants under this subchapter, except that the board may in its discretion, giving due consideration to the protection of the public, waive examination

if that renewal application is made within 2 years from the date of that expiration or if the applicant is a registered inactive alcohol and drug counselor.__The board is responsible for mailing notification of the date of expiration of a license or a certificate of registration to any licensed alcohol and drug counselor, inactive alcohol and drug counselor or registered alcohol and drug counselor not later than 30 days prior to the date of expiration.

§20089-J.__Reciprocity

The board may waive examination for applicants who are recognized by other credentialing bodies as having met qualifications and standards determined by the board to be equivalent to those set forth in this subchapter.

§20089-K.__Treatment of minors

A person licensed under this subchapter who renders counseling services to a minor for the treatment of problems associated with the abuse of drugs or alcohol is under no obligation to obtain the consent of that minor's parent or guardian or to inform that parent or guardian of that treatment.__This section may not be construed to prohibit the licensed person rendering that treatment from informing that parent or guardian.__For the purposes of this section "abuse of drugs" means the use of drugs solely for their stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and not as a therapeutic agent recommended by a practitioner in the course of medical treatment.

Sec. 4. 32 MRSA c. 81, as amended, is repealed.

Sec. 5. 34-B MRSA §1204, sub-§2, śC, as amended by PL 1995, c. 691, §3, is further amended to read:

C. The commissioner shall appoint the following officials to serve at the commissioner's pleasure:

(1) Associate Commissioners;

(2) Superintendent, Augusta Mental Health Institute;

(3) Superintendent, Bangor Mental Health Institute;

(4) Superintendent, Pineland Center;

(5) Director, Mental Retardation Facility;

(6) Director, Elizabeth Levinson Center;

(7) Assistant to the Commissioner for Public Information;

(8) Assistant to the Commissioner;

(10) Regional Directors, who shall report directly to the commissioner; and

(11) Director, Office of Substance Abuse, who must be an associate commissioner of the department.

The Director of the Office of Substance Abuse must be reviewed by the joint standing committee of the Legislature having jurisdiction over human resource matters prior to taking office.

Sec. 6. Transition. Members of the State Board of Alcohol and Drug Counselors within the Department of Professional and Financial Regulation continue to serve as members of the State Board of Alcohol and Drug Counselors in the Department of Mental Health, Mental Retardation and Substance Abuse Services as established in this Act until the expiration of their respective terms as specified in the Maine Revised Statutes, Title 32, section 6208- A, subsection 2.

Sec. 7. Revisor's review; cross-references. The Revisor of Statutes shall review the Maine Revised Statutes and include in the errors and inconsistencies bill submitted to the Second Regular Session of the 120th Legislature pursuant to Title 1, section 94 any sections necessary to correct and update any cross-references in the statutes to provisions of law repealed in this Act.

SUMMARY

This bill moves the operation of the State Board of Alcohol and Drug Counselors from the Department of Professional and Financial Regulation to the Office of Substance Abuse, which is part of the Department of Mental Health, Mental Retardation and Substance Abuse Services. Current board members would continue to serve their respective current terms on the board. This bill also changes the position of Director of the Office of Substance Abuse to an associate commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services.