SB 537 — Licensing & HHS Amends & Rural Health Stable.

… 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(b) Repealed by Session Laws 1993, c.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.

Page 2 Senate Bill 537*-Second Edition General Assembly Of North Carolina Session 2019 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.

… (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".

… "§ 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 undertheprovisionsofthisArticle;andtwomembersshallbepublic-at-largemembersappointed 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.

… "§ 90-334.

Functions and duties of the Board.

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

… (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.

Senate Bill 537*-Second Edition Page 3 General Assembly Of North Carolina Session 2019 (l) The Board shall establish a program for licensees who maybe 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:

… (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:

… (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:

… (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.

Page 4 Senate Bill 537*-Second Edition General Assembly Of North Carolina Session 2019 (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.

… "§ 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 connectionwith applicationforalicenseorrenewal ofalicense 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 anythird-party payor, or in anymanner 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, anydisciplinary actions or sanctions pending or occurring in any other jurisdiction, professional credentials, or qualifications or fitness for the practice of Senate Bill 537*-Second Edition Page 5 General Assembly Of North Carolina Session 2019 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 educationalinstitutions,whenthoseorganizationsorentitieshavejurisdiction.

(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.

Page 6 Senate Bill 537*-Second Edition General Assembly Of North Carolina Session 2019 (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.

… "§ 90-343.

Disclosure.

Any individual, or employer of an individual, who is licensed under this Article may not chargeaclientorreceiveremunerationforprofessionalclinicalmentalhealthcounselingservices 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.

… "§ 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.

– Apersonapplyingforlicensureas alicensed 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 historyofconvictionofa Stateorfederal crime,whether a misdemeanor or felony, that bears on an applicant's fitness for licensure to practiceprofessional clinical mental health counseling.Thecrimes includethe criminal offenses set forth in any of the following Articles of Chapter 14 of the General Statutes:

Article 5, Counterfeiting and Issuing Monetary Senate Bill 537*-Second Edition Page 7 General Assembly Of North Carolina Session 2019 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 throughG.S.

20-138.5.

Inaddition to theNorth Carolinacrimes listedinthissubdivision,suchcrimesalsoincludesimilarcrimesunderfederal law or under the laws of other states.

…." SECTION 2.(b) This section becomes effective January 1, 2020.

PART II-B.

TECHNICAL AND CONFORMING CHANGES RELATED TO THE RENAMING OF THE LICENSED CLINICAL MENTAL HEALTH COUNSELORS ACT SECTION 3.(a) G.S.

8-53.8 reads 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 anyinformation whichheorshemayhave acquiredin renderingprofessional 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 presidingjudgeofasuperiorordistrict courtmaycompelsuch disclosure,ifin thecourt's opinion the same is necessary to a proper administration of justice and such disclosure is not prohibited by other statute or regulation." SECTION 3.(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 3.(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, Page 8 Senate Bill 537*-Second Edition General Assembly Of North Carolina Session 2019 "Practice of Medicine," Article 2, "Dentistry," Article 6, "Optometry," Article 7,"Osteopathy,"Article8,"Chiropractic,"Article9A,"NursingPracticeAct," 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 3.(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 3.(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.

… (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.

…." SECTION 3.(f) G.S.

58-50-30(b)(12) reads as rewritten:

Senate Bill 537*-Second Edition Page 9 General Assembly Of North Carolina Session 2019 "(12) Aprofessional clinical mentalhealth counselorlicensed bythe North Carolina Board of Licensed Professional Clinical Mental Health Counselors pursuant to Article 24 of Chapter 90 of the General Statutes." SECTION 3.(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 3.(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 clergyinclude, 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 3.(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).

… (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 addictionsspecialistunderthissectionbeconstruedasauthorizationtoexpand Page 10 Senate Bill 537*-Second Edition General Assembly Of North Carolina Session 2019 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.

…." SECTION 3.(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 historyof anyapplicant 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 3.(k) The Codifier of Rules shall make any conforming rule changes necessary to reflect the name changes made by this act.

SECTION 3.(l) This section becomes effective January 1, 2020.

PART II-C.

INDEPENDENT STUDY DEFINITION CHANGES SECTION 4.(a) G.S.

90-113.31A reads as rewritten:

"§ 90-113.31A.

Definitions.

The following definitions shall apply in this Article:

… (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.

… (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 4.(b) This section becomes effective October 1, 2019.

PART II-D.

SUBSTANCE ABUSE PROFESSIONAL PRACTICE BOARD RESTRUCTURE SECTION 5.(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 5.(b) G.S.

90-113.32(c) is repealed.

SECTION 5.(c) G.S.

90-113.32(c1) reads as rewritten:

Senate Bill 537*-Second Edition Page 11 General Assembly Of North Carolina Session 2019 "(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 onlyin 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 5.(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 genderoftheBoard'smembersinordertoreflectthecompositionoftheState'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 5.(e) G.S.

90-113.32(d) is repealed.

SECTION 5.(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 5.(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.

Page 12 Senate Bill 537*-Second Edition General Assembly Of North Carolina Session 2019 At the end of their respective terms of office, their successors shall be appointed for terms of three years, effective July1.

A vacancyoccurring 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 5.(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 5.(i) This section becomes effective July 1, 2020.

PART II-E.

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 6.(a) G.S.

90-113.40(a)(6) reads as rewritten:

"(6) Theapplicanthas completed270300hoursofBoard-approvededucation.The Board mayprescribe that a certain number of hours be in a course of studyfor 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 6.(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 6.(c) This section becomes effective October 1, 2019, and applies to applications for licenses submitted on or after that date.

PART II-F.

ESTABLISHMENT OF PROGRAM FOR IMPAIRED SUBSTANCE ABUSE PROFESSIONALS SECTION 7.(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 Senate Bill 537*-Second Edition Page 13 General Assembly Of North Carolina Session 2019 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 theabilityofsubstanceusedisorderprofessionals whoarereferredorself-referredtotheProgram 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) EnrollmentofcredentialedprofessionalsreferredtotheProgrambythe Board.

(2) Assessment, referral, monitoring, support, and education of credentialed professionals referred to theProgram byreason of aphysical ormental illness, a substance use disorder, or professional sexual misconduct.

(3) Consistentwithsubsection(d)ofthissection,criteriafortheProgramtoreport 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, anymedical, 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 acquiredoropinions,recommendations,orevaluationsacquiredordevelopedsolelyin thecourse 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) Activitiesconducted in goodfaithpursuant to the agreement authorizedby 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 Page 14 Senate Bill 537*-Second Edition General Assembly Of North Carolina Session 2019 subsection shall not beconstrued to makeinformation,documents, orrecords otherwiseavailable 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 7.(b) This section becomes effective October 1, 2019, and applies to licenses granted or renewed on or after that date.

PART II-G.

TECHNICAL CHANGES TO THE CERTIFIED SUBSTANCE USE DISORDER PROFESSIONAL PRACTICE ACT SECTION 8.(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 8.(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 byG.S.

90-113.32, is recognizedas theregistering, certifying, andlicensingauthority 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 8.(c) G.S.

90-113.31A reads as rewritten:

"§ 90-113.31A.

Definitions.

The following definitions shall apply in this Article:

(1) Applicant.

– Apersonwhohas initiatedaprocess tobecomeasubstance 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.

Senate Bill 537*-Second Edition Page 15 General Assembly Of North Carolina Session 2019 (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 Page 16 Senate Bill 537*-Second Edition General Assembly Of North Carolina Session 2019 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-beingover anentire lifeand the development ofstrategies 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 abusealcohol anddrugcounselor, substanceabusealcoholanddrug 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 8.(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/AlcoholandOtherDrugAbuse,Incorporated,andaslimitedbyindividualcredential and supervisoryrequirements 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) Thepracticeofacertified substanceabusealcohol anddrugcounselorconsists 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 8.(e) G.S.

90-113.33(9) reads as rewritten:

"(9) Adopt anyrules necessaryto carryout thepurpose ofthis Articleand its duties and responsibilities pursuant to this Article, including rules related to the Senate Bill 537*-Second Edition Page 17 General Assembly Of North Carolina Session 2019 approval of a substance abuse use disorder specialty curricula developed by a school, college, or university." SECTION 8.(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 copyof 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 recordswithin themeaningofChapter132oftheGeneral Statutes,except anynoticeorstatement 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 8.(g) G.S.