AN ACT to direct the commission for mental health, developmental disabilities, and substance abuse services to engage in rulemaking to amend the staff definitions for certain qualified professionals.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  Definitions. – For the purposes of this act, the following definitions apply:

(1)        Associate Professional (AP). – As defined in 10A NCAC 27G .0104(1).

(2)        Commission. – Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services.

(3)        Qualified Professional. – As defined in 10A NCAC 27G .0104(21).

(4)        Qualified Substance Abuse Prevention Professional (QSAPP). – As defined in 10A NCAC 27G .0104(22).

(5)        Staff Definitions Rule. – 10A NCAC 27G .0104 (Staff Definitions).

SECTION 1.(b)  Staff Definitions Rule. – Until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to subsection (e) of this section, the Commission shall implement the Staff Definitions Rule as provided in subsections (c) and (d) of this section.

SECTION 1.(c)  Implementation. – With respect to the definitions of Associate Professional (AP), Qualified Professional, and Qualified Substance Abuse Prevention Professional (QSAPP), the Staff Definitions Rule shall be implemented to provide the following new qualification for each term, in addition to current qualifications, for each definition, respectively:

(1)        Associate Professional (AP). – May be a graduate of a community college with an associate degree in a human services field with less than two years of experience with the population served.

(2)        Qualified Professional. – May be a graduate of a community college with an associate degree in a human services field and has two years of full‑time or pre‑ or post‑associate degree accumulated supervised mental health, developmental disabilities, and substance abuse services experience with the population served.

(3)        Qualified Substance Abuse Prevention Professional (QSAPP). – May be a graduate of a community college with an associate degree in the human services field and has two years of full‑time or pre‑ or post‑associate degree accumulated supervised experience in addictions and recovery prevention.

SECTION 1.(d)  Additional Implementation. – With respect to the definition of Qualified Substance Abuse Prevention Professional (QSAPP), the Staff Definitions Rule shall be implemented to provide for accumulated supervised experience in substance abuse prevention prior to the completion of a bachelor's degree to qualify for each pathway under 10A NCAC 27G .0104(22)a. through d.

SECTION 1.(e)  Additional Rulemaking Authority. – The Commission shall adopt a rule to amend the Staff Definitions Rule consistent with subsections (c) and (d) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsections (c) and (d) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).

SECTION 1.(f)  Conforming Rule Changes. – The Commission shall amend any additional rules under Subchapter 27G of Title 10A of the North Carolina Administrative Code prior to submission to the Rules Review Commission, necessary to implement the provisions of this act.

SECTION 1.(g)  Sunset. – This section expires when permanent rules adopted as required by subsection (d) of this section become effective.

SECTION 2.  This act is effective when it becomes law.