AN ACT to AMEND THE LICENSED PROFESSIONAL COUNSELORS ACT; to update and revise the substance abuse professional practice act; AND to AMEND THE SOCIAL WORKER CERTIFICATION and LICENSURE ACT.

The General Assembly of North Carolina enacts:

 

Part I. Changes to the licensed professional counselors act

SECTION 1.(a)  Article 24 of Chapter 90 of the General Statutes reads as rewritten:

Article 24.

Licensed Professional Clinical Mental Health Counselors Act.

§ 90‑329.  Declaration of policy.

It is declared to be the public policy of this State that the activities of persons who render counseling services to the public be regulated to insure the protection of the public health, safety, and welfare.

§ 90‑330.  Definitions; practice of counseling.

(a)        Definitions. – As used in this Article certain terms are defined as follows:The following definitions apply in this Article:

(1)        Repealed by Session Laws 1993, c. 514, s. 1.

(1a)      The Board means the Board of Licensed Professional Clinical Mental Health Counselors.

(2)        A licensed professional clinical mental health counselor is a person engaged in the practice of counseling who holds a license as a licensed professional clinical mental health counselor issued under the provisions of this Article.

(2a)      A licensed professional clinical mental health counselor associate is a person engaged in the supervised practice of counseling who holds a license as a licensed professional clinical mental health counselor associate issued under the provisions of this Article.

(2b)      A licensed professional clinical mental health counselor supervisor is a person engaged in the practice of counseling who holds a license as a licensed professional clinical mental health counselor and is approved by the Board to provide clinical supervision under the provisions of this Article.

(3)        The practice of counseling means holding oneself out to the public as a professional clinical mental health counselor offering counseling services that include, but are not limited to, the following:

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The practice of counseling does not include the facilitation of communication, understanding, reconciliation, and settlement of conflicts by mediators at community mediation centers authorized by G.S. 7A‑38.5.

(4)        A supervisor means any licensed professional clinical mental health counselor supervisor or, when one is inaccessible, a licensed professional clinical mental health counselor or an equivalently and actively licensed mental health professional, as determined by the Board, who meets the qualifications established by the Board.

(b)        Repealed by Session Laws 1993, c. 514, s. 1.

(c)        Practice of Marriage and Family Therapy, Psychology, or Social Work. – No person licensed as a licensed professional clinical mental health counselor or licensed professional clinical mental health counselor associate under the provisions of this Article shall be allowed to hold himself or herself out to the public as a licensed marriage and family therapist, licensed practicing psychologist, psychological associate, or licensed clinical social worker unless specifically authorized by other provisions of law.

§ 90‑331.  Prohibitions.

It shall be unlawful for any person who is not licensed under this Article to engage in the practice of counseling, use the title Licensed Professional Clinical Mental Health Counselor Associate, Licensed Professional Clinical Mental Health Counselor, or Licensed Professional Clinical Mental Health Counselor Supervisor, use the letters LPCA, LPC, or LPCS, LCMHCA, LCMHC, or LCMHCS, use any facsimile or combination of these words or letters, abbreviations, or insignia, or indicate or imply orally, in writing, or in any other way that the person is a licensed professional clinical mental health counselor.

§ 90‑332.  Use of title by firm.

It shall be unlawful for any firm, partnership, corporation, association, or other business or professional entity to assume or use the title of licensed professional clinical mental health counselor unless each of the members of the firm, partnership, or association is licensed by the Board.

§ 90‑332.1.  Exemptions from licensure.

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(b)        Persons who claim to be exempt under subsection (a) of this section are prohibited from advertising or offering themselves as licensed professional clinical mental health counselors.

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§ 90‑333.  North Carolina Board of Licensed Professional Clinical Mental Health Counselors; appointments; terms; composition.

(a)        For the purpose of carrying out the provisions of this Article, there is hereby created the North Carolina Board of Licensed Professional Clinical Mental Health Counselors which shall consist of seven members appointed by the Governor in the manner hereinafter prescribed. Any State or nationally recognized professional association representing professional clinical mental health counselors may submit recommendations to the Governor for Board membership. The Governor may remove any member of the Board for neglect of duty or malfeasance or conviction of a felony or other crime of moral turpitude, but for no other reason.

(b)        At least five members of the Board shall be licensed professional clinical mental health counselors except that initial appointees shall be persons who meet the educational and experience requirements for licensure as licensed professional clinical mental health counselors under the provisions of this Article; and two members shall be public‑at‑large members appointed from the general public. Composition of the Board as to the race and sex of its members shall reflect the population of the State and each member shall reside in a different congressional district.

(c)        At all times the Board shall include at least one counselor primarily engaged in counselor education, at least one counselor primarily engaged in the public sector, at least one counselor primarily engaged in the private sector, and two licensed professional clinical mental health counselors at large.

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§ 90‑334.  Functions and duties of the Board.

(a)        The Board shall administer and enforce the provisions of this Article.

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(i)         The Board shall establish the criteria for determining the qualifications constituting supervised professional clinical mental health practice.

(j)         The Board may examine, approve, issue, deny, revoke, suspend, and renew the licenses of counselor applicants and licensees under this Article, and conduct hearings in connection with these actions.

(k)        The Board shall investigate, subpoena individuals and records, and take necessary appropriate action to properly discipline persons licensed under this Article and to enforce this Article.

(l)         The Board shall establish a program for licensees who may be experiencing substance use disorders, burnout, compassion fatigue, and other mental health concerns. In establishing this program, the Board is authorized to enter into agreements with existing professional health care programs. The Board is also authorized to refer any licensee to this program as part of the disciplinary process. The Board may adopt rules implementing this program.

§ 90‑335.  Board general provisions.

The Board shall be subject to the provisions of Chapter 93B of the General Statutes.

§ 90‑336.  Title and qualifications for licensure.

(a)        Each person desiring to be a licensed professional clinical mental health counselor associate, licensed professional clinical mental health counselor, or licensed professional clinical mental health counselor supervisor shall make application to the Board upon such forms and in such manner as the Board shall prescribe, together with the required application fee.

(b)        The Board shall issue a license as a licensed professional clinical mental health counselor associate to an applicant who applies on or before March 1, 2016, and meets all of the following criteria:

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(b1)      The Board shall issue a license as a licensed professional clinical mental health counselor associate to an applicant who applies after March 1, 2016, through June 30, 2022, and meets all of the following criteria:

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(b2)      The Board shall issue a license as a licensed professional clinical mental health counselor associate to an applicant who applies on or after July 1, 2022, and meets all of the following criteria:

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(c)        The Board shall issue a license as a licensed professional clinical mental health counselor to an applicant who meets all of the following criteria:

(1)        Has met all of the requirements under subsection (b), (b1), or (b2) of this section, as applicable.

(2)        Has completed a minimum of 3,000 hours of supervised professional clinical mental health practice as determined by the Board.

(d)       A licensed professional clinical mental health counselor may apply to the Board for recognition as a licensed professional clinical mental health counselor supervisor and receive the credential licensed professional clinical mental health counselor supervisor upon meeting all of the following criteria:

(1)        Has met all of the requirements under subsection (c) of this section.

(2)        Has one of the following:

a.         At least five years of full‑time licensed professional clinical mental health counseling experience, including a minimum of 2,500 hours of direct client contact;

b.         At least eight years of part‑time licensed professional clinical mental health counseling experience, including a minimum of 2,500 hours of direct client contact; or

c.         A combination of full‑time and part‑time professional clinical mental health counseling experience, including a minimum of 2,500 hours of direct client contact as determined by the Board.

(3)        Has completed minimum education requirements in clinical supervision as approved by the Board.

(4)        Has an active license in good standing as a licensed professional clinical mental health counselor approved by the Board.

§ 90‑337.  Persons credentialed in other states.

(a)        The Board may license any person who is currently licensed, certified, or registered by another state if the individual has met requirements determined by the Board to be substantially similar to or exceeding those established under this Article.

(b)        The Board may enter into reciprocity agreements with another state that has requirements for licensure as a clinical mental health counselor that are substantially similar or that exceed requirements established under this Article.

§ 90‑338.  Exemptions.

Applicants holding certificates of registration as Registered Practicing Counselors and in good standing with the Board shall be issued licenses as licensed professionalcounselors without meeting the requirements of G.S. 90‑336(c). The following applicants shall be exempt from the academic qualifications required by this Article for licensed professional counselor associates or licensed professional counselors and shall be licensed upon passing the Board examination and meeting the experience requirements:

(1)        An applicant who was engaged in the practice of counseling before July 1, 1993, and who applied to the Board prior to January 1, 1996.

(2)        An applicant who holds a masters degree from a college or university accredited by one of the regional accrediting associations or from a college or university determined by the Board to have standards substantially equivalent to a regionally accredited institution, provided the applicant was enrolled in the masters program prior to July 1, 1994.

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§ 90‑340.  Protection of the public.

(a)        The Board may, in accordance with the provisions of Chapter 150B of the General Statutes, deny, suspend, or revoke licensure, discipline, place on probation, limit practice, or require examination, remediation, or rehabilitation of any person licensed under this Article on one or more of the following grounds:

(1)        Has been convicted of a felony or entered a plea of guilty or nolo contendere to any felony charge under the laws of the United States or of any state of the United States.

(2)        Has been convicted of or entered a plea of guilty or nolo contendere to any misdemeanor involving moral turpitude, misrepresentation, or fraud in dealing with the public, or conduct otherwise relevant to fitness to practice professional clinical mental health counseling, or a misdemeanor charge reflecting the inability to practice professional clinical mental health counseling with due regard to the health and safety of clients or patients.

(3)        Has engaged in fraud or deceit in securing or attempting to secure or renew a license under this Article or has willfully concealed from the Board material information in connection with application for a license or renewal of a license under this Article.

(4)        Has practiced any fraud, deceit, or misrepresentation upon the public, the Board, or any individual in connection with the practice of professional clinical mental health counseling, the offer of professional clinical mental health counseling services, the filing of Medicare, Medicaid, or other claims to any third‑party payor, or in any manner otherwise relevant to fitness for the practice of professional clinical mental health counseling.

(5)        Has made fraudulent, misleading, or intentionally or materially false statements pertaining to education, licensure, license renewal, certification as a health services provider, supervision, continuing education, any disciplinary actions or sanctions pending or occurring in any other jurisdiction, professional credentials, or qualifications or fitness for the practice of professional clinical mental health counseling to the public, any individual, the Board, or any other organization.

(6)        Has had a license or certification for the practice of professional clinical mental health counseling in any other jurisdiction suspended or revoked, or has been disciplined by the licensing or certification board in any other jurisdiction for conduct which would subject him or her to discipline under this Article.

(7)        Has violated any provision of this Article or any rules adopted by the Board.

(8)        Has aided or abetted the unlawful practice of professional clinical mental health counseling by any person not licensed by the Board.

(9)        Has been guilty of immoral, dishonorable, unprofessional, or unethical conduct as defined in this subsection or in the current code of ethics of the American Counseling Association. However, if any provision of the code of ethics is inconsistent and in conflict with the provisions of this Article, the provisions of this Article shall control.

(10)      Has practiced professional clinical mental health counseling in such a manner as to endanger the welfare of clients.

(11)      Has demonstrated an inability to practice professional clinical mental health counseling with reasonable skill and safety by reason of illness, inebriation, misuse of drugs, narcotics, alcohol, chemicals, or any other substance affecting mental or physical functioning, or as a result of any mental or physical condition.

(12)      Has practiced professional clinical mental health counseling outside the boundaries of demonstrated competence or the limitations of education, training, or supervised experience.

(13)      Has exercised undue influence in such a manner as to exploit the client, patient, student, supervisee, or trainee for the financial or other personal advantage or gratification of the licensed professional clinical mental health counselor associate, licensed professional clinical mental health counselor, or a third party.

(14)      Has harassed or abused, sexually or otherwise, a client, patient, student, supervisee, or trainee.

(15)      Has failed to cooperate with or to respond promptly, completely, and honestly to the Board, to credentials committees, or to ethics committees of professional associations, hospitals, or other health care organizations or educational institutions, when those organizations or entities have jurisdiction.

(16)      Has refused to appear before the Board after having been ordered to do so in writing by the chair.

(17)      Has a finding listed on the Division of Health Service Regulation of the Department of Health and Human Services Health Care Personnel Registry.

(b)        The Board may, in lieu of denial, suspension, or revocation, take any of the following disciplinary actions:

(1)        Issue a formal reprimand or formally censure the applicant or licensee.

(2)        Place the applicant or licensee on probation with the appropriate conditions on the continued practice of professional clinical mental health counseling deemed advisable by the Board.

(3)        Require examination, remediation, or rehabilitation for the applicant or licensee, including care, counseling, or treatment by a professional or professionals designated or approved by the Board, the expense to be borne by the applicant or licensee.

(4)        Require supervision of the professional clinical mental health counseling services provided by the applicant or licensee by a licensee designated or approved by the Board, the expense to be borne by the applicant or licensee.

(5)        Limit or circumscribe the practice of professional clinical mental health counseling provided by the applicant or licensee with respect to the extent, nature, or location of the professional clinical mental health counseling services provided, as deemed advisable by the Board.

(6)        Discipline and impose any appropriate combination of the types of disciplinary action listed in this section.

In addition, the Board may impose conditions of probation or restrictions on continued practice of professional clinical mental health counseling at the conclusion of a period of suspension or as a requirement for the restoration of a revoked or suspended license. In lieu of or in connection with any disciplinary proceedings or investigation, the Board may enter into a consent order relative to discipline, supervision, probation, remediation, rehabilitation, or practice limitation of a licensee or applicant for a license.

(c)        The Board may assess costs of disciplinary action against an applicant or licensee found to be in violation of this Article.

(d)       When considering the issue of whether an applicant or licensee is physically or mentally capable of practicing professional clinical mental health counseling with reasonable skill and safety with patients or clients, upon a showing of probable cause to the Board that the applicant or licensee is not capable of practicing professional clinical mental health counseling with reasonable skill and safety with patients or clients, the Board may petition a court of competent jurisdiction to order the applicant or licensee in question to submit to a psychological evaluation by a psychologist to determine psychological status or a physical evaluation by a physician to determine physical condition, or both. The psychologist or physician shall be designated by the court. The expenses of the evaluations shall be borne by the Board. Where the applicant or licensee raises the issue of mental or physical competence or appeals a decision regarding mental or physical competence, the applicant or licensee shall be permitted to obtain an evaluation at the applicant or licensee's expense. If the Board suspects the objectivity or adequacy of the evaluation, the Board may compel an evaluation by its designated practitioners at its own expense.

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§ 90‑343.  Disclosure.

Any individual, or employer of an individual, who is licensed under this Article may not charge a client or receive remuneration for professional clinical mental health counseling services unless, prior to the performance of those services, the client is furnished a copy of a Professional Disclosure Statement that includes the licensee's professional credentials, the services offered, the fee schedule, and other provisions required by the Board.

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§ 90‑345.  Criminal history record checks of applicants for licensure as professional clinical mental health counselors.

(a)        Definitions. – The following definitions shall apply in this section:

(1)        Applicant. – A person applying for licensure as a licensed professional clinical mental health counselor associate pursuant to G.S. 90‑336(b), 90‑336(b1), or 90‑336(b2) or licensed professional clinical mental health counselor pursuant to G.S. 90‑336(c).

(2)        Criminal history. – A history of conviction of a State or federal crime, whether a misdemeanor or felony, that bears on an applicant's fitness for licensure to practice professional clinical mental health counseling. The crimes include the criminal offenses set forth in any of the following Articles of Chapter 14 of the General Statutes: Article 5, Counterfeiting and Issuing Monetary Substitutes; Article 5A, Endangering Executive and Legislative Officers; Article 6, Homicide; Article 7B, Rape and Other Sex Offenses; Article 8, Assaults; Article 10, Kidnapping and Abduction; Article 13, Malicious Injury or Damage by Use of Explosive or Incendiary Device or Material; Article 14, Burglary and Other Housebreakings; Article 15, Arson and Other Burnings; Article 16, Larceny; Article 17, Robbery; Article 18, Embezzlement; Article 19, False Pretenses and Cheats; Article 19A, Obtaining Property or Services by False or Fraudulent Use of Credit Device or Other Means; Article 19B, Financial Transaction Card Crime Act; Article 20, Frauds; Article 21, Forgery; Article 26, Offenses Against Public Morality and Decency; Article 26A, Adult Establishments; Article 27, Prostitution; Article 28, Perjury; Article 29, Bribery; Article 31, Misconduct in Public Office; Article 35, Offenses Against the Public Peace; Article 36A, Riots, Civil Disorders, and Emergencies; Article 39, Protection of Minors; Article 40, Protection of the Family; Article 59, Public Intoxication; and Article 60, Computer‑Related Crime. The crimes also include possession or sale of drugs in violation of the North Carolina Controlled Substances Act in Article 5 of Chapter 90 of the General Statutes and alcohol‑related offenses including sale to underage persons in violation of G.S. 18B‑302 or driving while impaired in violation of G.S. 20‑138.1 through G.S. 20‑138.5. In addition to the North Carolina crimes listed in this subdivision, such crimes also include similar crimes under federal law or under the laws of other states.

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SECTION 1.(b)  This section is effective January 1, 2020.

 

part II. Technical and conforming changes related to the renaming of the Licensed Clinical Mental Health Counselors Act

SECTION 2.(a)  G.S. 8‑53.8 read as rewritten:

§ 8‑53.8.  Counselor privilege.

No person, duly licensed pursuant to Chapter 90, Article 24, of the General Statutes, shall be required to disclose any information which he or she may have acquired in rendering professional clinical mental health counseling services, and which information was necessary to enable him or her to render professional clinical mental health counseling services: Provided, that the presiding judge of a superior or district court may compel such disclosure, if in the court's opinion the same is necessary to a proper administration of justice and such disclosure is not prohibited by other statute or regulation.

SECTION 2.(b)  G.S. 48‑10‑103(a)(3) reads as rewritten:

(3)      Counseling services for a parent or the adoptee that are directly related to the adoption and are provided by a licensed psychiatrist, licensed psychologist, licensed marriage and family therapist, licensed professional clinical mental health counselor, licensed or certified social worker, fee‑based practicing pastoral counselor or other licensed professional clinical mental health counselor, or an employee of an agency;

SECTION 2.(c)  G.S. 55B‑2(6) reads as rewritten:

(6)      The term professional service means any type of personal or professional service of the public which requires as a condition precedent to the rendering of such service the obtaining of a license from a licensing board as herein defined, and pursuant to the following provisions of the General Statutes: Chapter 83A, Architects; Chapter 84, Attorneys‑at‑Law; Chapter 93, Public Accountants; and the following Articles in Chapter 90: Article 1, Practice of Medicine, Article 2, Dentistry, Article 6, Optometry, Article 7, Osteopathy, Article 8, Chiropractic, Article 9A, Nursing Practice Act, with regard to registered nurses, Article 11, Veterinarians, Article 12A, Podiatrists, Article 18A, Practicing Psychologists, Article 18C, Marriage and Family Therapy Licensure, Article 18D, Occupational Therapy, Article 22, Licensure Act for Speech and Language Pathologists and Audiologists, and Article 24, Licensed Professional Clinical Mental Health Counselors; Chapter 89C, Engineering and Land Surveying; Chapter 89A, Landscape Architects; Chapter 90B, Social Worker Certification and Licensure Act with regard to Licensed Clinical Social Workers as defined by G.S. 90B‑3; Chapter 89E, Geologists; Chapter 89B, Foresters; and Chapter 89F, North Carolina Soil Scientist Licensing Act.

SECTION 2.(d)  G.S. 55B‑14(c)(4) reads as rewritten:

(4)      A physician, a licensed psychologist, a licensed clinical social worker, or each of them and a certified clinical specialist in psychiatric and mental health nursing, a licensed marriage and family therapist, a licensed professional clinical mental health counselor, or each of them, to render psychotherapeutic and related services that the respective stockholders are licensed, certified, or otherwise approved to provide.

SECTION 2.(e)  G.S. 58‑3‑192(a) reads as rewritten:

(a)      As used in this section, the following definitions apply:

(1)        Adaptive behavior treatment. – Behavioral and developmental interventions that systematically manage instructional and environmental factors or the consequences of behavior that have been shown to be clinically effective through research published in peer reviewed scientific journals and based upon randomized, quasi‑experimental, or single subject designs. Both of the following requirements must be met:

a.         The intervention must be necessary to (i) increase appropriate or adaptive behaviors, (ii) decrease maladaptive behaviors, or (iii) develop, maintain, or restore, to the maximum extent practicable, the functioning of an individual.

b.         The treatment must be ordered by a licensed physician or licensed psychologist and the treatment must be provided or supervised by one of the following professionals, so long as the services or supervision provided is commensurate with the professional's training, experience, and scope of practice:

1.         A licensed psychologist or psychological associate.

2.         A licensed psychiatrist or developmental pediatrician.

3.         A licensed speech and language pathologist.

4.         A licensed occupational therapist.

5.         A licensed clinical social worker.

6.         A licensed professional clinical mental health counselor.

7.         A licensed marriage and family therapist.

8.         A board certified behavior analyst.

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(8)        Therapeutic care. – Direct or consultative services provided by a licensed speech therapist, licensed occupational therapist, licensed physical therapist, licensed clinical social worker, licensed professional clinical mental health counselor, or licensed marriage and family therapists.

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SECTION 2.(f)  G.S. 58‑50‑30(b)(12) reads as rewritten:

(12)    A professional clinical mental health counselor licensed by the North Carolina Board of Licensed Professional Clinical Mental Health Counselors pursuant to Article 24 of Chapter 90 of the General Statutes.

SECTION 2.(g)  G.S. 90‑21.41(2) reads as rewritten:

(2)      Psychotherapist. – A psychiatrist licensed in accordance with Article 1 of Chapter 90 of the General Statutes, a psychologist as defined in G.S. 90‑270.2(9), a licensed professional clinical mental health counselor as defined in G.S. 90‑330(a)(2), G.S. 90‑330(a), a substance abuse professional as defined in G.S. 90‑113.31(8), a social worker engaged in a clinical social work practice as defined in G.S. 90B‑3(6), a fee‑based pastoral counselor as defined in G.S. 90‑382(4), a licensed marriage and family therapist as defined in G.S. 90‑270.47(3), or a mental health service provider, who performs or purports to perform psychotherapy.

SECTION 2.(h)  G.S. 90‑270.48A(a) reads as rewritten:

(a)      This Article does not prevent members of the clergy or licensed, certified, or registered members of professional groups recognized by the Board from advertising or performing services consistent with their own profession. Members of the clergy include, but are not limited to, persons who are ordained, consecrated, commissioned, or endorsed by a recognized denomination, church, faith group, or synagogue. Professional groups the Board shall recognize include, but are not limited to, licensed or certified social workers, licensed professional clinical mental health counselors, fee‑based pastoral counselors, licensed practicing psychologists, psychological associates, physicians, and attorneys‑at‑law. However, in no event may a person use the title Licensed Marriage and Family Therapist or Licensed Marriage and Family Therapy Associate, use the letters LMFT or LMFTA, or in any way imply that the person is a licensed marriage and family therapist or a licensed marriage and family therapy associate unless the person is licensed as such under this Article.

SECTION 2.(i)  G.S. 122C‑263.1(a) reads as rewritten:

(a)      Physicians and eligible psychologists are qualified to perform the commitment examinations required under G.S. 122C‑263(c) and G.S. 122C‑283(c). The Secretary of Health and Human Services may individually certify to perform the first commitment examinations required by G.S. 122C‑261 through G.S. 122C‑263 and G.S. 122C‑281 through G.S. 122C‑283 other health, mental health, and substance abuse professionals whose scope of practice includes diagnosing and documenting psychiatric or substance use disorders and conducting mental status examinations to determine capacity to give informed consent to treatment as follows:

(1)        The Secretary has received a request:

a.         To certify a licensed clinical social worker, a master's or higher level degree nurse practitioner, a licensed professional clinical mental health counsellor, or a physician's assistant to conduct the first examinations described in G.S. 122C‑263(c) and G.S. 122C‑283(c).

b.         To certify a master's level licensed clinical addictions specialist to conduct the first examination described in G.S. 122C‑283(c).

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(4)        A certification granted by the Secretary under this section shall be in effect for a period of up to three years and may be rescinded at any time within this period if the Secretary finds the certified individual has failed to meet the requirements of this section. Certification may be renewed every three years upon completion of a refresher training program approved by the Department.

(5)        In no event shall the certification of a licensed clinical social worker, master's or higher level degree nurse practitioner, licensed professional clinical mental health counsellor, physician assistant, or master's level certified clinical addictions specialist under this section be construed as authorization to expand the scope of practice of the licensed clinical social worker, the master's level nurse practitioner, licensed professional clinical mental health counsellor, physician assistant, or the master's level certified clinical addictions specialist.

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SECTION 2.(j)  G.S. 143B‑957 reads as rewritten:

§ 143B‑957.  Criminal record checks of applicants for licensure as professional counselors.clinical mental health counselors.

The Department of Public Safety may provide to the North Carolina Board of Licensed Professional Clinical Mental Health Counselors from the State and National Repositories of Criminal Histories the criminal history of any applicant for licensure or reinstatement of a license or licensee under Article 24 of Chapter 90 of the General Statutes. Along with the request, the Board shall provide to the Department of Public Safety the fingerprints of the applicant or licensee, a form signed by the applicant or licensee consenting to the criminal record check and use of fingerprints and other identifying information required by the State and National Repositories, and any additional information required by the Department of Public Safety. The applicant or licensee's fingerprints shall be forwarded to the State Bureau of Investigation for a search of the State's criminal history record file, and the State Bureau of Investigation shall forward a set of fingerprints to the Federal Bureau of Investigation for a national criminal history record check. The Board shall keep all information obtained pursuant to this section confidential. The Department of Public Safety may charge a fee to offset the cost incurred by it to conduct a criminal record check under this section. The fee shall not exceed the actual cost of locating, editing, researching, and retrieving the information.

SECTION 2.(k).  The Codifier of Rules shall make any conforming rule changes necessary to reflect the name changes made by this act.

SECTION 2.(l)  This section is effective January 1, 2020.

 

Part III. INDEPENDENT STUDY DEFINITION CHANGES

SECTION 3.(a)  G.S. 90‑113.31A reads as rewritten:

§ 90‑113.31A.  Definitions.

The following definitions shall apply in this Article:

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(18)      Independent study. – Any course of Directed study undertaken by an individual with little or no supervision that is does not include traditional classroom‑based study that must be preapproved by the Board or any organization that has deemed status with the Board.Board, or any online course of study that does not include a network‑enabled transfer of skills and knowledge from teacher to student being performed at the same time.

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(27)      Traditional classroom‑based study. – An educational method of learning involving face‑to‑face communication or other shared communication being performed in either a shared physical setting or by audio conferencing methods, video conferencing methods, or both.

SECTION 3.(b)  This section becomes effective October 1, 2019.

 

PART Iv. substance abuse professional practice board restructure

SECTION 4.(a)  G.S. 90‑113.32(a) reads as rewritten:

(a)      The North Carolina Addictions Specialist Professional Practice Board is created as the authority to credential substance abuse use disorder professionals in North Carolina.

SECTION 4.(b)  G.S. 90‑113.32(c) is repealed.

SECTION 4.(c)  G.S. 90‑113.32(c1) reads as rewritten:

(c1)    Every member of the Board shall have the right to vote on all matters before the Board, except for the President chair who shall vote only in case of a tie or when another member of the Board abstains on the question of whether the professional discipline the member represents shall retain its deemed status.

SECTION 4.(d)  G.S. 90‑113.32 is amended by adding a new subsection to read:

(c2)    The Board shall consist of nine members appointed as follows:

(1)        Three members appointed by the General Assembly, upon the recommendation of the Speaker of the House of Representatives, each of whom shall be licensed or certified in accordance with this Article. In making the appointments, the Speaker shall consider the ethnicity and gender of the Board's members in order to reflect the composition of the State's population and shall consider the experience and knowledge of the drug and alcohol recovery community when selecting members to serve on the Board.

(2)        Three members appointed by the General Assembly, upon the recommendation of the President Pro Tempore of the Senate, each of whom shall be licensed or certified in accordance with this Article. In making the appointments, the President Pro Tempore shall consider the ethnicity and gender of the Board's members in order to reflect the composition of the State's population and shall consider the experience and knowledge of the drug and alcohol recovery community when selecting members to serve on the Board.

(3)        Three members appointed by the Governor as follows:

a.         Two members of the public who are not licensed or certified under this Article.

b.         One member who is licensed or certified under this Article, selected from the allied mental health, substance use disorder and developmental disabilities treatment and prevention profession, previously known as deemed status professions.

(4)        All members of the Board shall be residents of the State of North Carolina, and except for the public members, shall be certified or licensed by the Board under the provisions of this Article. Professional members of the Board must be actively engaged in the practice of substance use disorder counseling or prevention or in the education and training of students in substance use disorder counseling, and have been for at least three years prior to their appointment to the Board. Practice during the two years preceding the appointment shall have occurred primarily in this State.

SECTION 4.(e)  G.S. 90‑113.32(d) is repealed.

SECTION 4.(f)  G.S. 90‑113.32(e) reads as rewritten:

(e)      Members of the Board shall serve for four‑year three‑year terms. No Board member shall serve for more than two consecutive terms, but a person who has been a member for two consecutive terms may be reappointed after being off the Board for a period of at least one year. When a vacancy occurs in an unexpired term, the Board shall, as soon as practicable, appoint temporary members to serve until the end of the unexpired terms. Time spent as a temporary member does not count in determining the limitation on consecutive terms.

SECTION 4.(g)  G.S. 113.32 is amended by adding a new subsection to read:

(e1)    Initial members of the Board shall serve staggered terms. The members identified in subdivision (1) of subsection (c2) of this section shall be appointed initially for a term of one year. The members identified in subdivision (2) of subsection (c2) of this section shall be appointed initially for a term of two years. The members identified in subdivision (3) of subsection (c2) of this section shall be appointed initially for a term of three years.

At the end of their respective terms of office, their successors shall be appointed for terms of three years, effective July 1. A vacancy occurring before the expiration of the term of office shall be filled in the same manner as original appointments for the remainder of the term.

SECTION 4.(h)  G.S. 113.32 is amended by adding a new subsection to read:

(f1)     A Board member may not receive compensation but may receive reimbursement as provided in G.S. 93B‑5. The officers of the Board include a chair, a secretary, and any other officer deemed necessary by the Board to carry out the purposes of this Article. All officers shall be elected annually by the Board at its first meeting held after appointments are made to the Board. The Board shall hold a meeting within 45 days after the appointment of new Board members. All officers shall serve one‑year terms and shall serve until their successors are elected and qualified. No person shall chair the Board for more than four consecutive years. The Board may adopt rules governing the calling, holding, and conducting of regular and special meetings. A majority of Board members constitutes a quorum.

SECTION 4.(i)  This section becomes effective July 1, 2020.

 

part v. increase in number of board‑approved education hours required for certification as a substance abuse counselor, substance abuse prevention consultant, or criminal justice addictions specialist, and terminology modification

SECTION 5.(a)  G.S. 90‑113.40(a)(6) reads as rewritten:

(6)      The applicant has completed 270 300 hours of Board‑approved education. The Board may prescribe that a certain number of hours be in a course of study for substance abuse use disorder counseling and that a certain number of hours be in a course of study for substance abuse prevention consulting. Independent study hours shall not compose more than fifty percent (50%) of the total number of hours required for initial credentialing.

SECTION 5.(b)  G.S. 90‑113.40(d1)(1) reads as rewritten:

(1)      Has attained 270 300 hours of Board‑approved education or training, unless the applicant has attained a minimum of a masters degree with a clinical application and a substance abuse use disorder specialty from a regionally accredited college or university whereby the applicant must only obtain 180 hours. The hours of education shall be specifically related to the knowledge and skills necessary to perform the tasks within the International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse, Incorporated, IC&RC/AODA, Inc., criminal justice addictions professional performance domains as they relate to both adults and juveniles. Independent study may compose up to fifty percent (50%) of the total number of hours obtained for initial certification or renewal.

SECTION 5.(c)  This section becomes effective October 1, 2019, and applies to applications for licenses submitted on or after that date.

 

part vi. establishment of program for impaired substance abuse professionals

SECTION 6.(a)  Article 5C of Chapter 90 of the General Statutes is amended by adding a new section to read:

§ 90‑113.48.  Program for impaired substance use disorder professionals.

(a)        There is created the North Carolina Impaired Professionals Program. The Board may provide funds for the administration of the Program, but the Program shall operate independently of the Board. The purpose of the Program is to provide screening, referral, monitoring, educational, and support services for professionals credentialed pursuant to this Article for treatment and rehabilitation of an impairment attributed to a physical or mental illness, a substance use disorder, or professional sexual misconduct.

(b)        The Program may enter into an agreement with one or more professionals credentialed pursuant to this Article for the purposes of identifying, reviewing, and evaluating the ability of substance use disorder professionals who are referred or self‑referred to the Program to (i) function in their professional capacity and (ii) coordinate regimens for treatment and rehabilitation.

(c)        An agreement entered into between the Program and a credentialed professional pursuant to subdivision (b) of this section shall include guidelines for all of the following:

(1)        Enrollment of credentialed professionals referred to the Program by the Board.

(2)        Assessment, referral, monitoring, support, and education of credentialed professionals referred to the Program by reason of a physical or mental illness, a substance use disorder, or professional sexual misconduct.

(3)        Consistent with subsection (d) of this section, criteria for the Program to report credentialed professionals to the Board.

(4)        Procedures by which credentialed professionals may obtain review of Program recommendations about the credentialed professional regarding assessment or treatment.

(5)        Periodic reporting of statistical information by the Program to the Board.

(6)        Maintaining the confidentiality of nonpublic information.

(d)       The Program shall report immediately to the Board detailed information about any professional credentialed pursuant to this Article who meets any of the following criteria:

(1)        Constitutes an imminent danger to patient care by reason of mental illness, physical illness, substance use disorder, professional sexual misconduct, or any other reason.

(2)        Refuses to submit to an assessment as ordered by the Program.

(3)        Has entered into a monitoring contract as a Program participant and fails to comply with the terms of the monitoring contract.

(4)        Is still unsafe to practice as a substance use disorder professional after completing Program services.

(e)        All documents, papers, letters, recordings, electronic records, or other documentary materials in the possession of the Program or its staff, employees, legal counsel, and volunteers, relating in any way to a member's participation or prospective participation in the Program, including, but not limited to, any medical, counseling, substance abuse, or mental health records, shall not be considered public records within the meaning of Chapter 132 of the General Statutes. No person participating in good faith in the Program shall be required in a civil action or proceeding to disclose the fact of participation in the Program or disclose any information acquired or opinions, recommendations, or evaluations acquired or developed solely in the course of participating in the Program pursuant to this section. For purposes of this subsection, civil action or proceeding does not include an administrative action or proceeding conducted under this Article or under Chapter 150B of the General Statutes.

(f)        Activities conducted in good faith pursuant to the agreement authorized by subsection (b) of this section shall not be grounds for civil action under the laws of this State.

(g)        Upon the written request of a professional credentialed pursuant to this Article, the Program shall provide the credentialed professional and his or her legal counsel with a copy of a written assessment of the credentialed professional prepared as part of his or her participation in the Program. In addition, to the extent permitted by State and federal laws, the credentialed professional shall be entitled to a copy of any written assessment created by a treatment provider or facility at the recommendation of the Program. Any information the Program furnishes to a credentialed professional pursuant to this subsection shall be inadmissible in evidence and shall not be subject to discovery in any civil action or proceeding; provided, however, that this subsection shall not be construed to make information, documents, or records otherwise available for discovery or use in a civil action or proceeding immune from discovery or use in the civil action or proceeding merely because the information, documents, or records were included as part of the Program's assessment of the credentialed professional or were the subject of information furnished to the credentialed professional pursuant to this subsection. For purposes of this subsection, civil action or proceeding does not include an administrative action or proceeding conducted under this Article or Chapter 150B of the General Statutes.

(h)        The Board shall adopt rules to apply to the operation of the Program, with provisions for at least all of the following:

(1)        Definitions of impairments attributed to physical or mental illness, substance use disorder, and professional sexual misconduct.

(2)        Guidelines for Program elements.

(3)        Procedures for receipt and use of information of suspected impairment.

(4)        Procedures for intervention and referral.

(5)        Arrangements for monitoring treatment, rehabilitation, posttreatment support, and performance.

(6)        Reports of individual cases to the Board.

(7)        Periodic reporting of statistical information.

(8)        Assurance of confidentiality of nonpublic information.

SECTION 6.(b) This section becomes effective October 1, 2019, and applies to licenses granted or renewed on or after that date.

 

PART Vii. TECHNICAL CHANGES TO the CERTIFIED SUBSTANCE USE DISORDER PROFESSIONAL PRACTICE ACT

SECTION 7.(a)  The title of Article 5C of Chapter 90 of the General Statutes reads as rewritten:

Article 5C.

North Carolina Substance Abuse Use Disorder Professional Practice Act.

SECTION 7.(b)  G.S. 90‑113.30 reads as rewritten:

§ 90‑113.30.  Declaration of purpose.

The North Carolina Substance Abuse Addictions Specialist Professional Practice Board, established by G.S. 90‑113.32, is recognized as the registering, certifying, and licensing authority for substance abuse use disorder professionals described in this Article in order to safeguard the public health, safety, and welfare, to protect the public from being harmed by unqualified persons, to assure the highest degree of professional care and conduct on the part of credentialed substance abuse use disorder professionals, to provide for the establishment of standards for the education of credentialed substance abuse use disorder professionals, and to ensure the availability of credentialed substance abuse use disorder professional services of high quality to persons in need of these services. It is the purpose of this Article to provide for the regulation of Board‑credentialed persons offering substance abuse use disorder counseling services, substance abuse use disorder prevention services, or any other substance abuse use disorder services for which the Board may grant registration, certification, or licensure.

SECTION 7.(c)  G.S. 90‑113.31A reads as rewritten:

§ 90‑113.31A.  Definitions.

The following definitions shall apply in this Article:

(1)        Applicant. – A person who has initiated a process to become a substance abuse use disorder professional pursuant to this Article.

(2)        Applicant supervisor. – A person who provides supervision as required by the Board to persons applying for registration, certification, or licensure as a substance abuse use disorder professional pursuant to this Article.

(3)        Board. – The North Carolina Substance Abuse Addictions Specialist Professional Practice Board.

…

(5)        Certified criminal justice addictions professional. – A person certified by the Board to practice as a criminal justice addictions professional who, under supervision, provides direct services to clients or offenders exhibiting substance abuse use disorders and works in a program determined by the Board to be involved in a criminal justice setting.

(6)        Certified substance abuse alcohol and drug counselor. – A person certified by the Board to practice under the supervision of a practice supervisor as a substance abuse alcohol and drug counselor in accordance with the provisions of this Article.

(7)        Certified substance abuse prevention consultant. specialist. – A person certified by the Board to practice substance abuse use disorder prevention in accordance with the provisions of this Article.

…

(14)      Criminal history. – A history of conviction of a State crime, whether a misdemeanor or felony, that bears on an applicant's fitness for licensure to practice substance abuse use disorder professional services. The crimes include the criminal offenses set forth in any of the following Articles of Chapter 14 of the General Statutes: Article 5, Counterfeiting and Issuing Monetary Substitutes; Article 5A, Endangering Executive and Legislative Officers; Article 6, Homicide; Article 7B, Rape and Other Sex Offenses; Article 8, Assaults; Article 10, Kidnapping and Abduction; Article 13, Malicious Injury or Damage by Use of Explosive or Incendiary Device or Material; Article 14, Burglary and Other Housebreakings; Article 15, Arson and Other Burnings; Article 16, Larceny; Article 17, Robbery; Article 18, Embezzlement; Article 19, False Pretenses and Cheats; Article 19A, Obtaining Property or Services by False or Fraudulent Use of Credit Device or Other Means; Article 19B, Financial Transaction Card Crime Act; Article 20, Frauds; Article 21, Forgery; Article 26, Offenses Against Public Morality and Decency; Article 26A, Adult Establishments; Article 27, Prostitution; Article 28, Perjury; Article 29, Bribery; Article 31, Misconduct in Public Office; Article 35, Offenses Against the Public Peace; Article 36A, Riots, Civil Disorders, and Emergencies; Article 39, Protection of Minors; Article 40, Protection of the Family; Article 59, Public Intoxication; and Article 60, Computer‑Related Crime. The crimes also include possession or sale of drugs in violation of the North Carolina Controlled Substances Act in Article 5 of Chapter 90 of the General Statutes and alcohol‑related offenses including sale to underage persons in violation of G.S. 18B‑302 or driving while impaired in violation of G.S. 20‑138.1 through G.S. 20‑138.5.

(16)      Dual relationship. – A relationship in addition to the professional relationship with a person to whom the substance abuse use disorder professional delivers services in the Twelve Core Functions or the performance domains, both as defined in rules adopted by the Board, or as provided in a supervisory capacity. These relationships may result in grounds for disciplinary action.

…

(20)      Practice supervisor. – A certified clinical supervisor, clinical supervisor intern, or licensed clinical addictions specialist who provides oversight and responsibility in a face‑to‑face capacity for each certified substance abuse alcohol and drug counselor or criminal justice addictions professional.

(21)      Prevention. – The reduction, delay, or avoidance of alcohol and of other drug use behavior. Prevention' Prevention includes the promotion of positive environments and individual strengths that contribute to personal health and well‑being over an entire life and the development of strategies that encourage individuals, families, and communities to take part in assessing and changing their lifestyles and environments.

…

(24)      Substance abuse use disorder counseling. – The assessment, evaluation, and provision of counseling and therapeutic service to persons suffering from substance abuse use disorder or dependency.

(25)      Substance abuse Alcohol and drug counselor intern. – A registrant who successfully completes 300 hours of Board‑approved supervised practical training in pursuit of credentialing as a substance abuse alcohol and drug counselor.

(26)      Substance abuse use disorder professional. – A registrant, certified substance abuse alcohol and drug counselor, substance abuse alcohol and drug counselor intern, certified substance abuse prevention consultant, specialist, certified clinical supervisor, licensed clinical addictions specialist associate, licensed clinical addictions specialist, certified substance abuse residential facility director, clinical supervisor intern, or certified criminal justice addictions professional.

SECTION 7.(d)  G.S. 90‑113.31B reads as rewritten:

§ 90‑113.31B.  Scope of practice.

The scope of practice is the use by all substance abuse use disorder professionals and their ongoing supervisees of principles, methods, and procedures of the Twelve Core Functions or performance domains as prescribed by the International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse, Incorporated, and as limited by individual credential and supervisory requirements pursuant to this Article. Specifically, the scope of practice for each individual defined as a substance abuse use disorder professional under G.S. 90‑113.31A is as follows:

(1)        The practice of a certified substance abuse alcohol and drug counselor consists of the Twelve Core Functions, including screening, intake, orientation, assessment, treatment planning, counseling, case management, crisis intervention, client education, report and record keeping, consultation with other professionals in regard to client treatment and services, and referral to treat addictive disorder or disease and help prevent relapse.

(2)        The practice of a certified substance abuse prevention consultant specialist is based on knowledge in the performance domains to prevent or reduce the conditions that place individuals at increased risk of developing addictive disorder or disease and help prevent relapse.

(3)        The practice of a certified clinical supervisor is based on knowledge in the performance domains to supervise substance abuse use disorder professionals who work to treat, prevent, or reduce the conditions that place individuals at risk of developing addictive disorder or disease and help prevent relapse.

….

SECTION 7.(e)  G.S. 90‑113.33(9) reads as rewritten:

(9)      Adopt any rules necessary to carry out the purpose of this Article and its duties and responsibilities pursuant to this Article, including rules related to the approval of a substance abuse use disorder specialty curricula developed by a school, college, or university.

SECTION 7.(f)  G.S. 90‑113.34 reads as rewritten:

§ 90‑113.34.  Records to be kept; copies of records.

(a)        The Board shall keep a regular record of its proceedings, together with the names of the members of the Board present, the names of the applicants for registration, certification, and licensure as well as other information relevant to its actions. The Board shall cause a record to be kept that shall show the name, last known place of business, last known place of residence, and date and number of the credential assigned to each substance abuse use disorder professional meeting the standards set forth in this Article. Any interested person in the State is entitled to obtain a copy of Board records upon application to the Board and payment of a reasonable charge that is based on the costs involved in providing the copy.

(b)        The Board may in a closed session receive evidence regarding the provision of substance abuse use disorder counseling or other treatment and services provided to a client who has not expressly or through implication consented to the public disclosure of such treatment as may be necessary for the protection of the rights of the client or of the accused registrant or substance abuse use disorder professional and the full presentation of relevant evidence. All records, papers, and other documents containing information collected and compiled by the Board, its members, or employees as a result of investigations, inquiries, or interviews conducted in connection with awarding a credential or a disciplinary matter shall not be considered public records within the meaning of Chapter 132 of the General Statutes, except any notice or statement of charges, or notice of hearing shall be a public record notwithstanding that it may contain information collected and compiled as a result of an investigation, inquiry, or interview. If any record, paper, or other document containing information collected and compiled by the Board as provided in this subsection is received and admitted in evidence in any hearing before the Board, it shall thereupon be a public record.

(c)        Notwithstanding any provision to the contrary, the Board may, in any proceeding, record of any hearing, and notice of charges, withhold from public disclosure the identity of a client who has not expressly or through implication consented to such disclosure of treatment by the accused substance abuse use disorder professional.

SECTION 7.(g)  G.S. 90‑113.37A(b) reads as rewritten:

(b)      Renewal of licensure is subject to completion of at least 40 hours of the continuing education requirements established by the Board. Renewal of substance abuse alcohol and drug counselor or substance abuse prevention consultant specialist certification is subject to completion of at least 60 hours of the continuing education requirements established by the Board. A certified substance abuse alcohol and drug counselor shall submit a Board‑approved supervision contract signed by the applicant and a practice supervisor documenting ongoing supervision at a ratio of one hour of supervision to every 40 hours of practice after certification is granted by the Board on a form provided by the Board. Any person certified by the Board as a certified alcoholism counselor or certified drug abuse alcohol and drug counselor shall become a certified substance abuse alcohol and drug counselor.

A clinical supervisor shall complete at least 15 hours of substance abuse use disorder clinical supervision training prior to the certificate being renewed. A substance abuse residential facility director shall complete at least 10 hours of substance abuse training for renewal. A certified criminal justice addictions professional shall complete at least 40 hours of continuing education that must be earned in the certified criminal justice addictions professional performance domains. A certified criminal justice addictions professional shall submit a Board‑approved supervision contract signed by the criminal justice addictions professional and a practice supervisor documenting ongoing supervision at a ratio of one hour of supervision to every 40 hours of practice after certification is granted by the Board on a form provided by the Board.

SECTION 7.(h)  G.S. 90‑113.38 reads as rewritten:

§ 90‑113.38.  Maximums for certain fees.

(a)        The fee to obtain a certificate of certification as a substance abuse an alcohol and drug counselor, substance abuse prevention consultant, specialist, clinical supervisor, substance abuse residential facility director, or certified criminal justice addictions professional may not exceed four hundred seventy‑five dollars ($475.00). The fee to renew a certificate may not exceed one hundred fifty dollars ($150.00).

…

(f)        In addition to any other prescribed fees, the Board shall charge a fee not to exceed one hundred fifty dollars ($150.00) for each administration of the test an applicant must pass to be credentialed as a United States Department of Transportation substance abuse use disorder professional.

SECTION 7.(i)  G.S. 90‑113.40 reads as rewritten:

§ 90‑113.40.  Requirements for certification and licensure.

(a)        The Board shall issue a certificate certifying an applicant as a Certified Substance Abuse Alcohol and Drug Counselor or as a Certified Substance Abuse Prevention Consultant Specialist if:

…

(8)        The applicant for substance abuse use disorder counselor has completed a total of 6,000 hours of supervised experience in the field, whether paid or volunteer. The applicant for substance abuse prevention consultant specialist has completed a total of 6,000 hours supervised experience in the field, whether paid or volunteer, or 4,000 hours if the applicant has at least a bachelors bachelor's degree in a human services field from a regionally accredited college or university.

…

(b)        The Board shall issue a certificate certifying an individual as a Certified Clinical Supervisor if the applicant:

…

(3)        Has 4,000 hours experience as a substance abuse use disorder clinical supervisor as documented by his or her certified clinical supervisor.

(4)        Has 30 hours of substance abuse use disorder clinical supervision specific education or training. These hours shall be reflective of the Twelve Core Functions in the applicant's clinical application and practice and may also be counted toward the applicant's renewal as a substance abuse an alcohol and drug counselor or a clinical addictions specialist.

…

(c)        The Board shall issue a license credentialing an applicant as a Licensed Clinical Addictions Specialist if, in addition to meeting the requirements of subdivisions (a)(1) through (5a) of this section, the applicant meets one of the following criteria:

(1)        Criteria A. – The applicant:

…

b.         Has two years postgraduate supervised substance abuse use disorder counseling experience.

c.         Submits three letters of reference from licensed clinical addictions specialists or certified substance abuse alcohol and drug counselors who have obtained master's degrees.

…

e.         Has attained 180 hours of substance abuse use disorder specific training from either a regionally accredited college or university, which may include unlimited independent study, or from training events of which no more than fifty percent (50%) shall be in independent study. All hours shall be credited according to the standards set forth in G.S. 90‑113.41A.

…

(2)        Criteria B. – The applicant:

…

e.         Submits three letters of reference from either licensed clinical addictions specialists or certified substance abuse alcohol and drug counselors who have obtained master's degrees.

(3)        Criteria C. – The applicant:

a.         Has a minimum of a master's degree in a human services field with both a clinical application and a substance abuse use disorder specialty from a regionally accredited college or university that includes 180 hours of substance abuse use disorder specific education and training pursuant to G.S. 90‑113.41A.

b.         Has one year of postgraduate supervised substance abuse use disorder counseling experience.

…

d.         Submits three letters of reference from licensed clinical addictions specialists or certified substance abuse alcohol and drug counselors who have obtained master's degrees.

(4)        Criteria D. – The applicant has a substance abuse use disorder certification from a professional discipline that has been granted deemed status by the Board.

(d)       The Board shall issue a certificate certifying an applicant as a Substance Abuse Residential Facility Director if the applicant:

(1)        Has been credentialed as a substance abuse counselor or a clinical addictions specialist.

(2)        Has 50 hours of Board approved academic or didactic management specific training or a combination thereof. Independent study may compose up to fifty percent (50%) of the total number of hours required for initial credentialing.

(3)        Submits letters of reference from the applicant's current supervisor and a colleague or coworker.

(d1)     The Board shall issue a certificate certifying an applicant as a Certified Criminal Justice Addictions Professional, with the acronym CCJP, if in addition to meeting the requirements of subdivisions (a)(1) through (5a) of this section, the applicant:

…

(3)        Has provided documentation of supervised work experience providing direct service to clients or offenders involved in one of the three branches of the criminal justice system, which include law enforcement, the judiciary, and corrections. The applicant must meet one of the following criteria:

…

e.         Criteria E. – In addition to having at least a masters degree in a human services field with a specialty from a regionally accredited college or university that includes 180 hours of substance abuse use disorder specific education or training, the applicant has a minimum of 2,000 hours of postgraduate supervised substance abuse use disorder counseling experience.

…

(f)        Effective January 1, 2003, only a person who is certified as a certified clinical supervisor or a clinical supervisor intern shall be qualified to supervise applicants for certified clinical supervisor and certified substance abuse alcohol and drug counselor and applicants for licensed clinical addictions specialist who meet the qualifications of their credential other than through deemed status as provided in G.S. 90‑113.40(c)(4).

SECTION 7.(j)  G.S. 90‑113.40B reads as rewritten:

§ 90‑113.40B.  Applicant supervision.

The Board shall designate a person as an applicant supervisor of individuals applying for registration, certification, or licensure as a substance abuse use disorder professional as follows:

…

(2)        A certified clinical supervisor or a clinical supervisor intern shall supervise a substance abuse residential facility director applicant, a clinical addictions specialist applicant, or a substance abuse an alcohol and drug counselor applicant.

…

(4)        A certified substance abuse prevention consultant specialist with a minimum of three years of professional experience, a certified clinical supervisor, or a clinical supervisor intern shall supervise a registrant applying for certification as a prevention consultant.specialist.

….

SECTION 7.(k)  G.S. 90‑113.41A reads as rewritten:

§ 90‑113.41A.  Deemed status.

(a)        To be granted deemed status by the Board, a credentialing body of a professional discipline or its designee shall demonstrate that its substance abuse use disorder credentialing program substantially meets the following:

(1)        Each person to whom the credentialing body awards credentials following the effective date of this act meets and maintains minimum requirements in substance abuse use disorder specific content areas. Each person also has a minimum of a master's degree with a clinical application in a human services field.

(2)        The body requires 180 hours, or the equivalent thereof, of substance abuse use disorder specific education and training that covers the following content areas:

…

(3)        The program requires one year or its equivalent of post‑degree supervised clinical substance abuse use disorder practice. At least fifty percent (50%) of the practice shall consist of direct substance abuse use disorder clinical care.

….

SECTION 7.(l)  G.S. 90‑113.42 reads as rewritten:

§ 90‑113.42.  Violations; exemptions.

(a)        It shall be unlawful for any person not licensed or otherwise credentialed as a substance abuse use disorder professional pursuant to this Article to engage in those activities set forth in the scope of practice of a substance abuse use disorder professional under G.S. 90‑113.31B, unless that person is regulated by another profession or is a registrant or intern as defined by this Article.

(b)        It is not the intent of this Article to regulate members of other regulated professions who provide substance abuse use disorder services or consultation in the normal course of the practice of their profession.

(c)        This Article does not apply to any person registered, certified, or licensed by the State or federal government to practice any other occupation or profession while rendering substance abuse use disorder services or consultation in the performance of the occupation or profession for which the person is registered, certified, or licensed.

(d)       Only individuals registered, certified, or licensed under this Article may use the title Certified Substance Abuse Alcohol and Drug Counselor, Certified Substance Abuse Prevention Consultant, Specialist, Certified Clinical Supervisor, Licensed Clinical Addictions Specialist Associate, Certified Substance Abuse Residential Facility Director, Certified Criminal Justice Addictions Professional, Substance Abuse Alcohol and Drug Counselor Intern, Provisional Licensed Clinical Addictions Specialist, Clinical Supervisor Intern, or Registrant.

SECTION 7.(m)  G.S. 90‑113.43(a) reads as rewritten:

§ 90‑113.43.  Illegal practice; misdemeanor penalty.

(a)        Except as otherwise authorized in this Article, no person shall:

(1)        Offer substance abuse use disorder professional services, practice, attempt to practice, or supervise while holding himself or herself out to be a certified substance abuse alcohol and drug counselor, certified substance abuse prevention consultant, specialist, certified clinical supervisor, licensed clinical addictions specialist, licensed clinical addictions specialist associate, certified substance abuse residential facility director, certified criminal justice addictions professional, clinical supervisor intern, substance abuse alcohol and drug counselor intern, or registrant without first having obtained a notification of registration, certification, or licensure from the Board.

(2)        Use in connection with any name any letters, words, numerical codes, or insignia indicating or implying that this person is a registrant, certified substance abuse alcohol and drug counselor, certified substance abuse prevention consultant, specialist, certified clinical supervisor, licensed clinical addictions specialist, certified substance abuse residential facility director, substance abuse alcohol and drug counselor intern, certified criminal justice addictions professional, or licensed clinical addictions specialist associate, unless this person is registered, certified, or licensed pursuant to this Article.

(3)        Practice or attempt to practice as a certified substance abuse alcohol and drug counselor, certified substance abuse prevention consultant, specialist, certified clinical supervisor, licensed clinical addictions specialist, certified criminal justice addictions professional, substance abuse alcohol and drug counselor intern, licensed clinical addictions specialist associate, clinical supervisor intern, certified substance abuse residential facility director or registrant with a revoked, lapsed, or suspended certification or license.

(4)        Aid, abet, or assist any person to practice as a certified substance abuse alcohol and drug counselor, certified substance abuse prevention consultant, specialist, certified criminal justice addictions professional, certified clinical supervisor, licensed clinical addictions specialist, certified substance abuse residential facility director, registrant, substance abuse alcohol and drug counselor intern, licensed clinical addictions specialist associate, or clinical supervisor intern in violation of this Article.

(5)        Knowingly serve in a position required by State law or rule or federal law or regulation to be filled by a registrant, certified substance abuse alcohol and drug counselor, certified substance abuse prevention consultant, specialist, certified criminal justice addictions professional, certified clinical supervisor, licensed clinical addictions specialist, certified substance abuse residential facility director, substance abuse alcohol and drug counselor intern, licensed clinical addictions specialist associate, or clinical supervisor intern unless that person is registered, certified, or licensed under this Article.

….

SECTION 7.(n)  G.S. 90‑113.44 reads as rewritten:

§ 90‑113.44.  Grounds for disciplinary action.

(a)        Grounds for disciplinary action for an applicant or credentialed professional include:

(1)        The employment of fraud, deceit, or misrepresentation in obtaining or attempting to obtain licensure, certification, or registration or renewal of licensure, certification, or registration.

(2)        The use of drugs or alcoholic beverages to the extent that professional competency is affected.

(2a)      The use of drugs or alcoholic beverages to the extent that a substance abuse use disorder professional suffers impairment.

(3)        Conviction of an offense under any municipal, State, or federal law other than traffic laws as prescribed by Chapter 20 of the General Statutes.

(4)        Conviction of a felony or other public offense involving moral turpitude. Conviction of a Class A‑E felony shall result in an immediate suspension of licensure, certification, or registration for a minimum of one year.

(5)        An adjudication of insanity or incompetency, until proof of recovery from this condition can be established by a licensed psychologist or psychiatrist.

(6)        Engaging in any act or practice in violation of any of the provisions of this Article or any of the rules adopted pursuant to it, or aiding, abetting, or assisting any other person in such a violation.

(7)        The commission of an act of malpractice, gross negligence, or incompetence while serving as a substance abuse use disorder professional, intern, or registrant.

(8)        Repealed by Session Laws 2005‑431, s. 1, effective September 22, 2005.

(9)        Engaging in conduct that could result in harm or injury to the public.

(10)      Entering into a dual relationship that impairs professional judgment or increases the risk of exploitation with a client or supervisee.

(11)      Practicing as a credentialed substance abuse use disorder professional outside of his or her scope of practice pursuant to G.S. 90‑113.31B.

(b)        Denial of an applicant's licensure, certification, or registration or the granting of licensure, certification, or registration on a probationary or other conditional status shall be subject to substantially the same rules and procedures prescribed by the Board for review and disciplinary actions against any person holding a license, certificate, or registration. A suspension of a credential resulting from impairment due to substance use, mental health, or medical disorder shall be imposed for at least six months beginning from the date of successful discharge from a residential substance abuse use disorder treatment program or other appropriate treatment modality determined as a result of an assessment by a Board‑approved assessor. Disciplinary actions involving a clinical addictions specialist whose licensure is achieved through deemed status shall be initially heard by the specialist's credentialing body. The specialist may appeal the body's decision to the Board. The Board shall, however, have the discretionary authority to hear the initial disciplinary action involving a credentialed professional.

SECTION 7.(o)  G.S. 90‑113.46 reads as rewritten:

§ 90‑113.46.  Application of requirements of Article.

All persons credentialed by the North Carolina Substance Abuse Addictions Specialist Professional Practice Board, Inc., as of July 1, 1994, shall be credentialed by the Board pursuant to this Article. All these persons are subject to all the other requirements of this Article and of the rules adopted pursuant to it.

SECTION 7.(p)  This section becomes effective October 1, 2019, and applies to licenses granted or renewed on or after that date.

 

PART ViiI. discontinue Certified substance abuse residential facility director credentialing

SECTION 8.(a)  The certified substance abuse residential facility director credential is discontinued. The North Carolina Substance Abuse Professional Practice Board shall no longer issue or renew a certified substance abuse residential facility director credential to any person.

SECTION 8.(b)  G.S. 90‑113.31A(8) is repealed.

SECTION 8.(c)  G.S. 90‑113.31A(26), as amended by Section 5 of this act, reads as rewritten:

(26)    Substance use disorder professional. – A registrant, certified alcohol and drug counselor, alcohol and drug counselor intern, certified prevention specialist, certified clinical supervisor, licensed clinical addictions specialist associate, licensed clinical addictions specialist, certified substance abuse residential facility director, clinical supervisor intern, or certified criminal justice addictions professional.

SECTION 8.(d)  G.S. 90‑113.31B(5) is repealed.

SECTION 8.(e)  G.S. 90‑113.38(a), as amended by Section 5 of this act, reads as rewritten:

§ 90‑113.38.  Maximums for certain fees.

(a)        The fee to obtain a certificate of certification as an alcohol and drug counselor, prevention specialist, clinical supervisor, substance abuse residential facility director, or certified criminal justice addictions professional may not exceed four hundred seventy‑five dollars ($475.00). The fee to renew a certificate may not exceed one hundred fifty dollars ($150.00).

SECTION 8.(f)  G.S. 90‑113.42(d), as amended by Section 5 of this act, reads as rewritten:

(d)      Only individuals registered, certified, or licensed under this Article may use the title Certified Alcohol and Drug Counselor, Certified Prevention Specialist, Certified Clinical Supervisor, Licensed Clinical Addictions Specialist Associate, Certified Substance Abuse Residential Facility Director, Certified Criminal Justice Addictions Professional, Alcohol and Drug Counselor Intern, Provisional Licensed Clinical Addictions Specialist, Clinical Supervisor Intern, or Registrant.

SECTION 8.(g)  G.S. 90‑113.43(a), as amended by Section 5 of this act, reads as rewritten:

§ 90‑113.43.  Illegal practice; misdemeanor penalty.

(a)        Except as otherwise authorized in this Article, no person shall:

(1)        Offer substance use disorder professional services, practice, attempt to practice, or supervise while holding himself or herself out to be a certified alcohol and drug counselor, certified prevention specialist, certified clinical supervisor, licensed clinical addictions specialist, licensed clinical addictions specialist associate, certified substance abuse residential facility director, certified criminal justice addictions professional, clinical supervisor intern, alcohol and drug counselor intern, or registrant without first having obtained a notification of registration, certification, or licensure from the Board.

(2)        Use in connection with any name any letters, words, numerical codes, or insignia indicating or implying that this person is a registrant, certified alcohol and drug counselor, certified prevention specialist, certified clinical supervisor, licensed clinical addictions specialist, certified substance abuse residential facility director, substance abuse alcohol and drug counselor intern, certified criminal justice addictions professional, or licensed clinical addictions specialist associate, unless this person is registered, certified, or licensed pursuant to this Article.

(3)        Practice or attempt to practice as a certified alcohol and drug counselor, certified prevention specialist, certified clinical supervisor, licensed clinical addictions specialist, certified criminal justice addictions professional, alcohol and drug counselor intern, licensed clinical addictions specialist associate, clinical supervisor intern, certified substance abuse residential facility director or registrant with a revoked, lapsed, or suspended certification or license.

(4)        Aid, abet, or assist any person to practice as a certified alcohol and drug counselor, certified prevention specialist, certified criminal justice addictions professional, certified clinical supervisor, licensed clinical addictions specialist, certified substance abuse residential facility director, registrant, alcohol and drug counselor intern, licensed clinical addictions specialist associate, or clinical supervisor intern in violation of this Article.

(5)        Knowingly serve in a position required by State law or rule or federal law or regulation to be filled by a registrant, certified alcohol and drug counselor, certified prevention specialist, certified criminal justice addictions professional, certified clinical supervisor, licensed clinical addictions specialist, certified substance abuse residential facility director, alcohol and drug counselor intern, licensed clinical addictions specialist associate, or clinical supervisor intern unless that person is registered, certified, or licensed under this Article.

….

SECTION 8.(h)  Subsection (a) of this section is effective July 1, 2019. The remaining subsections of this section become effective upon the expiration of the last certified substance abuse residential facility director credential issued prior to the effective date of this act by the North Carolina Substance Abuse Professional Practice Board. The North Carolina Substance Abuse Professional Practice Board shall notify the Revisor of Statutes when the last credential issued by the Board has expired.

 

PART IX. AMEND SOCIAL WORKER PRACTICE ACT

SECTION 9.(a)  Chapter 90B of the General Statutes reads as rewritten:

Chapter 90B.

Social Worker Certification and Licensure Act.

…

§ 90B‑2.  Purpose.

Since the profession of social work significantly affects the lives of the people of this State, it is the purpose of this Chapter to protect the public by setting standards for qualification, training, and experience for those who seek to represent themselves to the public as certified social workers or licensed clinical social workers and by promoting high standards of professional performance for those engaged in the practice of social work.

§ 90B‑3.  Definitions.

The following definitions apply in this Chapter:

(1)        Applicant. – An individual who has made application to the Board for the issuance, renewal, or reinstatement of any credential which the Board is authorized by law to issue.

(1)(1a) Board. – The North Carolina Social Work Certification and Licensure Board.

(2)        Repealed by Session Laws 2013‑410, s. 8, effective August 23, 2013.

(3)        Certified Master Social Worker. master social worker. – A person who is certified under this Chapter to practice social work as a master social worker and is engaged in the practice of social work.

(4)        Certified Social Work Manager. social work manager. – A person who is certified under this Chapter to practice social work as a social work manager and is engaged in the practice of social work.

(5)        Certified Social Worker. social worker. – A person who is certified under this Chapter to practice social work as a social worker and is engaged in the practice of social work.

(6)        Clinical Social Work Practice. social work practice. – The professional application of social work theory and methods to the biopsychosocial diagnosis, treatment, or prevention, of emotional and mental disorders. Practice includes, by whatever means of communications, the treatment of individuals, couples, families, and groups, including the use of psychotherapy and referrals to and collaboration with other health professionals when appropriate. Clinical social work practice shall not include the provision of supportive daily living services to persons with severe and persistent mental illness as defined in G.S. 122C‑3(33a).

(6a)      Licensed Clinical Social Worker. clinical social worker. – A person who is competent to function independently, who holds himself or herself out to the public as a social worker, and who offers or provides clinical social work services or supervises others engaging in clinical social work practice.

(6b)      Licensed Clinical Social Worker Associate. clinical social worker associate. – A person issued an associate license to provide clinical social work services pursuant to G.S. 90B‑7(f).

(7)        Practice of Social Work. social work. – To perform or offer to perform services, by whatever means of communications, for other people that involve the application of social work values, principles, and techniques in areas such as social work services, consultation and administration, and social work planning and research.

(7a)      Social work continuing education. – Training that, in accordance with the requirements established by the Board pursuant to G.S. 90B‑6(g), (i) fosters the enhancement of generalized or specialized social work practice, values, skills, or knowledge, and (ii) includes an element addressing how the knowledge and skills may be applied to the practice of social work.

(8)        Social Worker. worker. – A person certified, licensed, or associate licensed by this Chapter or otherwise exempt under G.S. 90B‑10.G.S. 90B‑10, or a person who has earned a bachelors, masters, or doctoral degree in social work from a social work program accredited by or in candidacy for accreditation by the Council on Social Work Education.

(9)        Supervision. – The professional relationship between a supervisee and the supervisor in which a supervisor provides guidance, oversight, direction, and evaluation of the services provided by the supervisee in the professional application of social work practice as defined by law. Supervision is designed to promote responsibility, competency, and accountability, and to teach the skills and techniques associated with social work practice.

§ 90B‑4.  Prohibitions.

(a)        Except as otherwise provided in this Chapter, it is unlawful for any person who is not certified as a social worker, master social worker, or social work manager under this Chapter to represent himself or herself to be certified under this Chapter or hold himself or herself out to the public by any title or description denoting that he or she is certified under this Chapter. A person who resides and practices social work in this State while credentialed in another state or jurisdiction shall clearly amend reference to his or her credential identifying the state or jurisdiction in which the credential is held.

(b)        After January 1, 1992, except as otherwise provided in this Chapter, it is unlawful to engage in or offer to engage in the practice of clinical social work without first being licensed under this Chapter as a clinical social worker. A person who, pursuant to G.S. 90B‑8(b), resides and practices clinical social work in this State for a period of not more than five days in any calendar year while credentialed in another state or jurisdiction, shall clearly amend reference to his or her credential identifying the state or jurisdiction in which the credential is held.

(c)        Nothing herein shall prohibit school social workers who are certified by the State Board of Education from practicing school social work under the title Certified School Social Worker. Except as provided for licensed clinical social workers, nothing herein shall be construed as prohibiting social workers who are not certified by the Board from practicing social work. Except as provided herein for licensed clinical social workers, no agency, institution, board, commission, bureau, department, division, council, member of the Council of State, or officer of the legislative, executive or judicial branches of State government or counties, cities, towns, villages, other municipal corporations, political subdivisions of the State, public authorities, private corporations created by act of the General Assembly or any firm or corporation receiving State funds shall require the obtaining or holding of any certificate issued under this Chapter or the taking of an examination held pursuant to this Chapter as a requirement for obtaining or continuing in employment.

(d)       Nothing herein shall authorize the practice of medicine as defined in Article 1 of this Chapter or the practice of psychology as defined in Article 18A of this Chapter.

§ 90B‑5.  North Carolina Social Work Certification and Licensure Board; Board appointments; terms; composition.

(a)        For the purpose of carrying out the provisions of this Chapter, there is hereby created the North Carolina Social Work Certification and Licensure Board which shall consist of seven members appointed by the Governor as follows:

(1)        At least two members one member of the Board shall be Certified Social Workers or Certified Master Social Workers, three a certified social worker, a certified master social worker, or a certified social work manager, four members shall be Licensed Clinical Social Workers, licensed clinical social workers, and two members shall be appointed from the public at large. Composition of the Board as to the race and sex of its members shall reflect the composition of the population of the State of North Carolina.

…

§ 90B‑6.  Functions and duties of the Board.

…

(g)        The Board shall have the power to establish or approve study or training courses and to establish reasonable standards for certification, licensure, and renewal of certification and licensure, including the power to adopt or use examination materials and accreditation standards of the Council on Social Work Education or other recognized accrediting agency and the power to establish reasonable standards for continuing social work education; provided that education, except that the Board shall not require an examination for certificate and license renewal no examination shall be required; provided further, that of a certificate or license, and the Board shall not have the power to withhold approval of social work study or training courses offered by a college or university having a social work program approved by the Council on Social Work Education.

(h)        Subject to the provisions of Chapter 150B of the General Statutes, the Board shall have the power to adopt rules to carry out the purposes of this Chapter, including but not limited to the power to adopt ethical supervision, ethical, and disciplinary standards.

(i)         The Board may order that any records concerning the practice of social work and relevant to a complaint received by the Board or an inquiry or investigation conducted by or on behalf of the Board shall be produced by the custodian of the records to the Board or for inspection and copying by representatives of or counsel to the Board. A social worker licensed by the Board or an agency employing a social worker licensed by the Board shall maintain records for a minimum of three the longer of (i) 10 years from the date the social worker terminates services to the client and the client services record is closed. closed or (ii) the record retention period mandated by a third‑party payee. A social worker certified or licensed by the Board shall cooperate fully and in a timely manner with the Board and its designated representatives in an inquiry or investigation of the records conducted by or on behalf of the Board.

…

§ 90B‑7.  Titles and qualifications for certificates and licenses.

(a)        Each person desiring to obtain a certificate or license from the Board shall make application to the Board upon such forms and in such manner as the Board shall prescribe, together with the required application fee established by the Board.

(b)        The Board shall issue a certificate as Certified Social Worker to an applicant who meets the following qualifications:

(1)        Has a bachelors degree in a social work program from a college or university having a social work program accredited approved, accredited, or admitted to candidacy for accreditation by the Council on Social Work Education for undergraduate curricula.

(2)        Has passed the Board examination for the certification of persons in this classification.Board‑approved qualifying examination.

(c)        The Board shall issue a certificate as Certified Master Social Worker to an applicant who meets the following qualifications:

(1)        Has a masters or doctoral degree in a social work program from a college or university having a social work program approved approved, accredited, or admitted to candidacy for accreditation by the Council on Social Work Education.

(2)        Has passed the Board examination for the certification of persons in this classification.Board‑approved qualifying examination.

(d)       The Board shall issue a license as a Licensed Clinical Social Worker to an applicant who meets the following qualifications:

(1)        Holds or qualifies for a current certificate as a Certified Master Social Worker.Has a masters or doctoral degree in social work from a college or university social work program approved, accredited, or admitted to candidacy for accreditation by the Council on Social Work Education.

(2)        Shows to the satisfaction of the Board that he or she has had two years of clinical social work experience with appropriate supervision in the field of specialization in which the applicant will practice.

(3)        Has passed the Board examination for the certification of persons in this licensure.Board‑approved qualifying examination.

(e)        The Board shall issue a certificate as a Certified Social Work Manager to an applicant who meets the following qualifications:

(1)        Holds or qualifies for a current certificate as a Certified Social Worker.Has a masters or doctoral degree in social work from a college or university social work program approved, accredited, or admitted for accreditation by the Council on Social Work Education.

(2)        Shows to the satisfaction of the Board that he or she has had two years of experience in an administrative setting with appropriate supervision and training.

(3)        Has passed the Board examination for the certification of persons in this classification.Board‑approved qualifying examination.

(f)        The Board may issue an associate license in clinical social work to a person who has a masters or doctoral degree in a social work program from a college or university having a social work program approved approved, accredited, or in candidacy for accreditation by the Council on Social Work Education and who desires to be licensed as a licensed clinical social worker. The associate license may not be issued for a period exceeding two years and the person issued the associate license must practice under the supervision of a licensed clinical social worker or a Board‑approved alternate. Notwithstanding G.S. 90B‑6(g), an associate licensee shall pass the qualifying clinical examination prescribed by the Board within two years to be eligible for renewal of the associate license. The associate licensee shall complete all requirements for licensed clinical social worker licensure within three renewal cycles, or a total of six years, unless otherwise directed by the Board. Associate licensees who fail to satisfy all requirements for licensed clinical social worker licensure within six years from the date of associate license issuance may apply for a new associate license. However, the Board shall not issue a subsequent associate license to an applicant until the applicant has passed the qualifying examination required by the Board. Supervision and experience hours acquired under an associate license shall expire six years from the date of initial associate license issuance, and expired supervision and experience hours shall not apply toward future licensure.

§ 90B‑8.  Persons from other jurisdictions.

(a)        The Board may grant a reciprocal certificate or license without examination or by special examination to any person who, at the time of application, is certified, registered or licensed in good standing as a social worker by a similar board of another country, state, or territory whose certification, registration or licensing standards are substantially equivalent to those required by this Chapter. The applicant shall have passed an examination in the country, state, or territory in which he or she is certified, registered, or licensed that is equivalent to the examination required for the level of certification or licensure sought in this State.

(b)        The Board may issue a temporary license to a nonresident clinical social worker who is either certified, registered, or licensed in another jurisdiction whose standards, in the opinion of the Board, at the time of the person's certification, registration, or licensure were substantially equivalent to or higher than the requirements of this Chapter. Nothing in this Chapter shall be construed as prohibiting a nonresident clinical social worker certified, registered, or licensed in another state from rendering professional clinical social work services in this State for a period of not more than five days in any calendar year. All persons granted a temporary clinical social worker license shall comply with the supervision requirements established by the Board.Board and shall fulfill all requirements for licensure prior to the expiration of the temporary license.

(c)        The Board shall issue a temporary license to a military or military spouse applicant who meets the requirements of G.S. 93B‑15.1. Prior to the expiration of the temporary license, the applicant shall fulfill all requirements for licensure, in accordance with G.S. 93B‑15.1 or the requirements of this Chapter.

§ 90B‑9.  Renewal of certificates and licenses.

(a)        All certificates and licenses licenses, excluding temporary licenses, shall be effective upon date of issuance by the Board, and shall be renewed on or before the second June 30 thereafter.expiration date of the certificate or license.

(b)        All certificates and licenses issued hereunder shall be renewed at the times and in the manner provided by this section. At least 45 days prior to expiration of each certificate or license, the Board shall mail a notice and application for of renewal to the certificate holder or licensee. Prior to the expiration date, the applicant shall submit to the Board the properly completed application shall be properly completed, together with a for renewal, the renewal fee established by the Board pursuant to G.S. 90B‑6.2(a)(4) G.S. 90B‑6.2(a)(4), and evidence of completion of the continuing education requirements established by the Board pursuant to G.S. 90B‑6(g), upon receipt of which the Board shall renew the certificate or license. If the application for renewal of a certificate or license is not renewed received by the Board office on or before the close of business on the day prior to the expiration date, date of the license, an additional fee shall be charged for late renewal as provided in G.S. 90B‑6.2(a)(5).

(c)        A certificate or license issued under this Chapter shall be automatically suspended for failure to renew for a period of more than 60 days after the renewal date. The Board may reinstate a certificate or license suspended under this subsection upon verification of compliance with current requirements and payment of a reinstatement fee as provided in G.S. 90B‑6.2(a)(6) and may require that the applicant file a new application, furnish new supervisory reports or references or otherwise update his or her credentials, or submit to examination for reinstatement. The Board shall have exclusive jurisdiction to investigate alleged violations of this Chapter by any person whose certificate or license has been suspended under this subsection and, upon proof of any violation of this Chapter, the Board may take disciplinary action as provided in G.S. 90B‑11.

§ 90B‑9.1.  Nonpracticing status.

(d)(a)   Any person certified or licensed and desiring to retire temporarily from the practice of social work shall send written notice thereof to the Board. Upon receipt of such notice, his or her name shall be placed upon the nonpracticing list and he or she certificate or license shall be placed on nonpracticing status. During a period of nonpracticing status, the certificate or license holder shall not be subject to payment of renewal fees while temporarily retired. fees and shall not be subject to continuing education requirements corresponding to his or her credential. Social workers whose certificate or license has been placed on nonpracticing status shall not refer to themselves as certified or licensed by the Board and shall not engage in social work practice that requires an active certificate or license under this Chapter.

(b)        In order to reinstate certification or licensure, the reactivate a certificate or license that has been placed on nonpracticing status, a person shall apply to the Board by making a written request for reinstatement and paying reactivation. Upon payment of the appropriate renewal fee as provided in G.S. 90B‑6.2.G.S. 90‑6.2, and upon receipt of documentation to the satisfaction of the Board that continuing education requirements for the certification or licensure are complete, the Board shall reactivate the certificate or license of an applicant who is otherwise qualified under this Chapter.

§ 90B‑10.  Exemption from certain requirements.

(a)        Applicants who were engaged in the practice of social work before January 1, 1984, shall be exempt from the academic qualifications required by this act for Certified Social Workers certified social workers and Certified Social Work Managers certified social work managers and shall be certified upon passing the Board examination and meeting the experience requirements, if any, for certification of persons in that classification.

(b)        The following may engage in clinical social work practice without meeting the requirements of G.S. 90B‑7(d):

(1)        Repealed by Session Laws 2007‑379, s. 4, effective August 19, 2007.

(2)        A student completing a clinical requirement for graduation while pursuing a course of study in social work in an institution accredited by or in candidacy status with the Council on Social Work Education.

(3)        Repealed by Session Laws 2007‑379, s. 4, effective August 19, 2007.

(c)        Notwithstanding the requirements of G.S. 90B‑4 and G.S. 90B‑16, any individual who is employed by an agency of a local or State governmental entity, and who is in a position holding the title of Social Worker or any variation of the name, and whose position title is derived from the Office of State Human Resources Social Work Series Classification Specifications may use the title Social Worker or any variation of the title. This includes persons in such positions in counties whose classification and compensation systems have been certified as substantially equivalent by the State Human Resources Commission and persons serving in such positions in Human Services agencies created by counties pursuant to G.S. 153A‑77.

§ 90B‑11.  Disciplinary procedures.

(a)        The Board may, in accordance with the provisions of Chapter 150B of the General Statutes, deny, suspend, or revoke an application, certificate, or license on any of the following grounds:

(1)        Conviction of a misdemeanor or the entering of a plea of guilty or nolo contendere to a any misdemeanor under this Chapter.involving moral turpitude, misrepresentation or fraud in dealing with the public, conduct otherwise relevant to fitness to practice social work, or any misdemeanor reflecting inability to practice social work with due regard to the health and safety of clients or patients.

(2)        Conviction of a felony or the entering of a plea of guilty or nolo contendere to a felony under the laws of the United States or of any state of the United States.

(3)        Gross unprofessional conduct, dishonest practice or incompetence in the practice of social work.

(4)        Procuring or attempting to procure a certificate or license by fraud, deceit, or misrepresentation.

(5)        Any fraudulent or dishonest conduct in social work.

(6)        Inability of the person to perform the functions for which he or she is certified or licensed, or substantial impairment of abilities by reason of physical or mental disability.

(7)        Violations of any of the provisions of this Chapter or of rules of the Board.

…

(d)       In considering whether an applicant, certificate holder, or licensee is mentally or physically capable of practicing social work with reasonable skill and safety, the Board may require an applicant, certificate holder, or licensee to submit to any of the following, at his or her own expense: (i) a criminal history record check, including fingerprints, (ii) a mental examination and substance abuse assessment by a licensed clinical social worker or other licensed mental health professional designated by the Board Board, and to (iii) a physical examination by a physician or other licensed health professional designated by the Board. The examination may be ordered by the Board before or after charges are presented against the applicant, certificate holder, or licensee and the results of the examination shall be reported directly to the Board and shall be admissible in evidence in a hearing before the Board.

…

(h)        The Board may assess costs of disciplinary action against an applicant, certificate holder, or licensee found to be in violation of the provisions of this Chapter or of any rules adopted by the Board pursuant to this Chapter.

SECTION 9.(b)  This section becomes effective January 1, 2021. Qualifications for the certificate of Certified Social Work Manager, as amended by this act, apply only to applications for certification received by the Board on or after January 1, 2021.

 

PART X. EFFECTIVE DATE

SECTION 10.  Except as otherwise provided, this act is effective when it becomes law.