DAR File No. 38017

Commerce, Occupational and Professional Licensing

Rule R156-60d

Substance Use Disorder Counselor Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 38017
Filed: 09/23/2013 11:31:18 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the 2013 General Legislative Session, H.B. 244 was passed which amended provisions of Title 58, Chapter 60, the Mental Health Professional Practice Act, by amending the licensing provisions in the Substance Use Disorder Counselor Act. As a result, the Division and the Substance Use Disorder Counselor Licensing Board need to define what constitutes course work that is equivalent to an associate's degree. In addition, the American Psychiatric Association released the Diagnostic Statistical Manual (DSM-5) in May 2013 so the updated edition needs to be referenced in this rule.

Summary of the rule or change:

In Subsections R156-60d-102(3) and (11), a reference to DSM-5 is added because the American Psychiatric Association released DSM-5 in May 2013 and it is already in use. The rule should still reference DSM-IV because it continues to be used by many practitioners. In Subsection R156-60d-302a(1), the requirement for applicants for the substance use disorder counselor license to complete a course in human biology is removed. The Board recommended its removal because they felt it was an unnecessary requirement. Subsection R156-60d-302a(2) defines what constitutes course work that is equivalent to an associate's degree. H.B. 244 (2013) created the possibility for applicants to qualify for the substance use disorder counselor license if they have course work "equivalent" to that of an associate's degree. The bill directed the Division to define "equivalent" in rule. Research completed by the Division found that most associates degrees require completion of at least 90 quarter or 60 semester credit hours.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-202(1)(a)
• Subsection 58-1-106(1)(a)
• Section 58-60-501

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $100 to print and distribute the rule once the proposed amendments become effective. Any costs incurred will be absorbed in the Division's current budget. Any additional cost impact to the state budget results from statutory amendments and was covered in the fiscal note completed for H.B. 244 (2013).

local governments:

The proposed amendments only apply to licensed substance use disorder counselors and applicants for licensure in that classification. As a result, the proposed amendment does not apply to local governments.

small businesses:

The proposed amendments only impact substance use disorder counselors and applicants for licensure in that classification. Small businesses that employ substance use disorder counselors will be impacted as well. Any cost impact to small businesses results from statutory amendments and was covered in the fiscal note completed for H.B. 244 (2013).

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only impact substance use disorder counselors and applicant for licensure in that classification. Applicants without a human biology course will experience a cost savings because the filing removes the course as a requirement. The amount of the cost savings depends on several factors such as the tuition of the school where the applicant takes the course and whether the applicant is a matriculated student. As a result, the Division is not able to determine an exact cost savings to these individuals. In addition, the definition of course work equivalent to an associate's degree results in a cost savings for applicants without an associate's degree but who have 60 semester or 90 quarter hours of course work. Any cost savings to these individuals results from statutory amendments and was covered in the fiscal note completed for H.B. 244 (2013).

Compliance costs for affected persons:

The proposed amendments only impact substance use disorder counselors and applicant for licensure in that classification. Applicants without a human biology course will experience a cost savings because the filing removes the course as a requirement. The amount of the cost savings depends on several factors such as the tuition of the school where the applicant takes the course and whether the applicant is a matriculated student. As a result, the Division is not able to determine an exact cost savings to these individuals. In addition, the definition of course work equivalent to an associate's degree results in a cost savings for applicants without an associate's degree but who have 60 semester or 90 quarter hours of course work. Any cost savings to these individuals results from statutory amendments and was covered in the fiscal note completed for H.B. 244 (2013).

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing responds to H.B. 244 (2013) which requires the Division to define the education that is considered equivalent to an associate degree. Any attendant costs were considered by the Legislature in determining to pass the bill. No additional costs to businesses are anticipated from these amendments.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Rich Oborn at the above address, by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at roborn@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/14/2013

Interested persons may attend a public hearing regarding this rule:

• 10/23/2013 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT

This rule may become effective on:

11/21/2013

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-60d. Substance Use Disorder Counselor Act Rule.

R156-60d-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 60, as used in Title 58, Chapters 1 and 60 or this rule:

(1) "Accredited institution of higher education that meet division standards", as used in Subsections 58-60-506(2)(a)(i) and (5)(a)(i), means an educational institution that has accreditation that is recognized by the Council for Higher Education Accreditation of the American Council on Education (CHEA).

(2) "ASAM" means the American Society of Addiction Medicine Patient Placement Criteria.

(3) "DSM-IV or 5" means the Diagnostic Statistical Manual of Mental Health Disorders published by the American Psychiatric Association.

(4) "General supervision" means that the supervisor provides consultation with the supervisee by personal face to face contact, or direct voice contact by telephone or some other means within a reasonable time consistent with the acts and practices in which the supervisee is engaged.

(5) "ICRC" means the International Certification and Reciprocity Consortium.

(6) "Initial assessment" means the procedure of gathering psycho-social information, which may include the application of the Addiction Severity Index, in order to recommend a level of treatment and to assist the mental health therapist supervisor in the information collection process and may include a referral to an appropriate treatment program.

(7) "NAADAC" means the National Association of Alcohol and Drug Abuse Counselors.

(8) "Prerequisite courses, as used in Subsection 58-60-506(2)(a)(iii) and (5)(a)(iii) means courses completed before qualifying for licensure.

(9) "SASSI" means Substance Abuse Subtle Screening Inventory.

(10) "Screening", as used in Subsection 58-60-502(9)(b) and (10)(b), means a brief interview conducted in person or by telephone to determine if there is a potential substance abuse problem. If a potential problem is identified, the screening may include a referral for an initial assessment or a substance use disorder evaluation. The screening may also include a preliminary ASAM level recommendation in order to expedite the subsequent assessment and evaluation process. Screening instruments such as the SASSI may be included in the screening process.

(11) "Substance use disorder evaluation" means the process used to interpret information gathered from an initial assessment, other instruments as needed, and a face to face interview by a licensed mental health therapist in order to determine if an individual meets the DSM-IV or 5 criteria for substance abuse or dependence and is in need of treatment. If the need for treatment is determined, the substance use disorder evaluation process includes the determination of a DSM-IV or 5 diagnosis and the determination of an individualized treatment plan.

(12) "Substance use disorder education program", as used in Subsection 58-60-506(2)(b) and (5)(b), means college or university coursework at an accredited institution.

(13) "Unprofessional conduct," as defined in Title 58 Chapters 1 and 60, is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-60d-502.

 

R156-60d-302a. Qualifications for Licensure - Education Requirements.

(1) In accordance with Subsection 58-60-506(2)(a)(iii) and (5)(a)(iii), three prerequisite courses shall be completed at an accredited institution and shall cover the following subjects:

(a) human development across the lifespan; and

(b) general psychology[; and

(c) human biology].

(2) In accordance with Subsection 58-60-506(5)(a)(ii), completion of the equivalent of an associate's degree includes not less than 90 quarter or 60 semester credit hours of course work from accredited institutions of higher education that have accreditation recognized by the Council for Higher Education Accreditation of the American Council on Education (CHEA).

 

KEY: licensing, substance use disorder counselors

Date of Enactment or Last Substantive Amendment: [July 30, 2012]2013

Notice of Continuation: January 31, 2011

Authorizing, and Implemented or Interpreted Law: 58-60-501; 58-1-106(1)(a); 58-1-202(1)(a)