Amendment vs bill Senate Floor Amendment, #1723, Stine, Adopted vs Enrolled

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Regular Session ENROLLED SENATE BILL NO.
SFASB426 3005 1723 SENATE FLOOR AMENDMENTS Regular Session Amendments proposed bySenator Stine to Engrossed Senate Bill No.
426 (Substitute of Senate Bill No.
426 bySenator Stine AMENDMENT NO.
168 by Senator Stine) BY SENATOR STINE AN ACT Toamend and reenactR.S.
1 On page 1, line 3, change "3386.2(B)(5) and (6) and (G)" to "3386.2(B)(5) and (6), the introductory paragraph of 3386.2(F)(1), and 3386.2(G)" AMENDMENT NO.
37:3386.1, 3386.2(A), the introductoryparagraphof3386.2(B), and3386.2(B)(5)and(6),(F),and(G),3387.1(A)(2)(b)through(d),3387.2(A)(2)(b) through (d), 3387.3(B)(4), 3387.6(E)(1) and (3) and (I), 3388.3, the introductory paragraph of 3390.3(A), 3390.3(A)(11) and (B)(4), and 3390.6(A) and (B)(6) through (8) and R.S.
2 On page 1, line 5, change "R.S.
40:1203.3(E) and to enact R.S.
40:1203.3(E)," to "R.S.
37:3386.2(B)(7) through (10) and (H), 3387.15, 3387.16, 3388.4, and 3390.6(B)(9), relative to the Addictive Disorder Regulatory Authority;
40:1203.3(E) and" AMENDMENT NO.
to provide for the board's authority;
3 On page 1, line 6, after "(10)" insert "and (H)" AMENDMENT NO.
to provide for board membership;
4 On page 1, line 15, change "3386.2(B)(5) and (6) and (G)" to "3386.2(B)(5) and (6), the introductory paragraph of 3386.2(F)(1), and 3386.2(G)" AMENDMENT NO.
to provide for definitions;
5 On page 2, line 1, after "(10)" insert "and (H)" AMENDMENT NO.
to provide for scope of practice;
6 On page 7, between 25 and 26, insert the following:
to provide for peer support specialists;
"F.
to provide for peer support specialist supervisors;
Except for the consumer member, each member of the board shall at the time of appointment:
to provide for criminal background checks;
to provide for renewals;
to provide for fees;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
R.S.
37:3386.1, 3386.2(A), the introductoryparagraph of 3386.2(B), and 3386.2(B)(5) and (6), (F), and (G), 3387.1(A)(2)(b) through (d), 3387.2(A)(2)(b) through (d), 3387.3(B)(4), 3387.6(E)(1) and (3) and (I), 3388.3, the introductory paragraph of 3390.3(A), 3390.3(A)(11) and (B)(4), and 3390.6(A) and (B)(6) through (8) are hereby amended and reenacted and R.S.
37:3386.2(B)(7) through (10) and (H), 3387.15, 3387.16, 3388.4, and 3390.6(B)(9) are herebyenacted to read as follows:
§3386.1.
Definitions As used in this Chapter, the following terms have the meaning ascribed to them in this Section:
(1) "Addiction counselor" means any person who is licensed, certified, or registered in accordance with the provisions of this Chapter and procedures established by the board and who, by means of his special knowledge acquired through formal education or practical experience, is qualified to provide addiction Page 1 of 18 Coding:
Words which are struck through are deletions from existing law;
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SB NO.
426 ENROLLED counselingservicestothoseindividualsafflictedwithorsufferingfromanaddictive disorderorcertainco-occurringdisorders.Thecounselingservicesprovidedshallbe those which utilize KSA or core functions, as determined by the board to be appropriate for the addictive disorder or disorders presented.
(2) "Addictive disorder" means the repeated pathological use of substances including but not limited to alcohol, drugs, or tobacco, or repeated pathological compulsive behaviors including but not limited to gambling, which cause physical, psychological, emotional, economic, legal, social, or other harms to the individual afflicted with the addiction or to others affected by the individual's affliction.
As used in this Chapter, "addictive disorder" shall include not only those instances where withdrawal from or tolerance to the substance or behaviors are present but also those instances involving use and abuse of substances.
(3) "Behavioral health condition" means a condition that affects an individual's emotional, psychological, cognitive, behavioral, or social functioning and may impact their ability to pursue health, wellness, recovery, andqualityoflife,andincludessubstanceuse-relatedconditions,mentalhealth conditions, co-occurring conditions, trauma-related impacts, and patterns of behavior thatcreatefunctional impairment,distress,orincreasedriskof harm to the individual or others.
(3)(4) "Board" means the governing body of the Addictive Disorder Regulatory Authority.
(4)(5)"Certifiedclinicalsupervisor"meansanypersonholdingthenecessary credentialoflicensed,certified,orregisteredaddictioncounselororanypersonwho holds a specialty substance abuse credential in another professional discipline in a human services field at the master's level or higher;
and who has satisfied the requirements established by the board to provide clinical supervision.
(5)(6) "Client" means the individual, couple, family, group, organization, or community that seeks or receives addiction counseling services from the addiction professional or an addiction facilityuntil discharged.
(6)(7) "Clinical supervision" means the interpersonal tutorial relationship Page 2 of 18 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
426 ENROLLED between a certified clinical supervisor and other licensed, certified, or registered addiction counseling professionals centered on the goals of skill development and professional growth through learning and practicing.
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Through observation, evaluation, and feedback, clinical supervision enables the supervisee to acquire the competence needed to deliver effective patient care while fulfilling professional responsibility.
Clinical supervision is understood to emphasize improvement of the counselingskills and effectivenessof the supervisee and is to be distinguished from administrative supervision.
(7)(8) "Compulsive gambling counselor" means any person holding a necessary credential as a licensed, certified, or registered addiction counselor, or a necessarycredentialasaqualifiedmentalhealthprofessional,whoiscertifiedbythe board, in accordance with the provisions of this Chapter, as possessing special knowledge acquired through formal education and clinical experience and thus is qualifiedto providegamblingaddictioncounselingto personswhohaveagambling addiction disorder or who exhibit gambling addictive behaviors.
(8)(9) "Co-occurring disorder" means a disorder in which an individual has at least one psychiatric disorder as well as an addictive disorder.
While these disorders may interact differently in any one person, at least one disorder of each type can be diagnosed independently of the other.
(9)(10)"Corefunctions"meansthescreening,intake,orientation,assessment, treatment planning, counseling, case management, crisis intervention, client education,referral,reports,andrecord-keepingactivitiesassociatedwithcounseling and consultation with other credentialed professionals.
(10)(11) "Counselor-in-training" means any person who has not yet met the qualification to become a licensed, certified, or registered counselor, but who has made application to the board in accordancewith the provisions of this Chapter and procedures established bythe board.
(12) "Credentialing" means licensing, certification, registration, or recognition of status of an individual to provide mental health services in accordance with the provisions of this Chapter.
Page 3 of 18 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
426 ENROLLED (11)(13) "Custodial environment" means a setting created bya court system in which a person has been deprived of freedom of action in anysignificant way.
(12)(14)"KSA"meanstheknowledge,skills,andattitudesdesignatedbythe boardasbeingnecessaryforeffectiveaddictioncounselingandrequiredbytheboard to be utilized by addictive disorders counselors in providing addiction counseling services.
(15) "Licensed mental health professional" means an individual who is currently licensed and in good standing in the state of Louisiana to practice within the scope of all applicable state laws, practice acts, and the individual's professional license, as one of the following:
(a) Medical psychologist.
(b) Licensed psychologist.
(c) Licensed clinical social worker.
(d) Licensed professional counselor.
(e) Licensed marriage and family therapist.
(f) Licensed addiction counselor.
(g) Advanced practice registered nurse.
(h) Licensed rehabilitation counselor.
(16) "Peer support" means nonclinical, strengths-based activities and services provided by an individual in recovery from a behavioral health conditiontoapersonexperiencingabehavioralhealthcondition.Suchservices are grounded in lived experience and include mentoring, guiding, and supporting individuals in the identification and implementation of recovery strategies through relationship-based support.
Peer support utilizes shared experience to provide empathy, practical guidance, encouragement, and hope, and may include assistance with self-advocacy, goal setting, and engagement withtreatmentandcommunity-basedrecoverysupports.Peersupportservices complement but do not replace clinical treatment and shall not include diagnosis, clinical assessment, psychotherapy, or any service requiring professional licensure.
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words in boldface type and underscored are additions.
SB NO.
426 ENROLLED (17) "Peer support specialist" means any person who is credentialed in accordance with the provisions of this Chapter and procedures established by theboardandwho,bymeansofhisspecialknowledgeacquiredthroughformal education and lived experience, is qualified to provide behavioral health servicestothoseindividualsafflictedwithorsufferingfromabehavioralhealth condition.Theservicesprovidedshallbethosewhichutilizesupportservicesor core functions, as determined by the board.
(18)"Peersupport specialist supervisor" means any personholding the necessary credential of peer support specialist, licensed mental health professional, certified, or registered addiction counselor and who has satisfied the requirements established by the board to provide peer supervision.
(13)(19) "Prevention" means those activities and services that prevent, reduce,orstabilizetheincidenceofaddictivedisordersandtherebyprevent,reduce, orstabilizetheprevalenceofaddictivedisorders.Theactivitiescontemplatedbythis definitionincludeservicestothoseatriskofdevelopinganaddictivedisorderaswell as those individuals who, though not necessarily at risk of developing an addictive disorder, are nonetheless appropriate for services.
In addition, prevention shall be understood to include educational programs and activities that are designed to raise the awareness of and encourage healthy behaviors.
(14)(20) "Prevention specialist-in-training" means any person who has not yet met the qualifications to become a licensed, certified, or registered prevention professional, but who has made application to the board in accordance with the provisions of this Chapter and procedures established bythe board.
(15) "Qualified mental health professional" means:
(a) A psychiatrist licensed pursuant to R.S.
37:1261 et seq.
(b) A psychologist licensed pursuant to R.S.
37:2351 et seq., or a medical psychologist licensed pursuant to R.S.
37:1360.51 et seq.
(c)AlicensedclinicalsocialworkerlicensedpursuanttoR.S.37:2701etseq.
(d) A mental health counselor licensed pursuant to R.S.
37:1101 et seq.
(16)(21)"Substanceabuseusedisorder"meanstherepeatedpathologicaluse Page 5 of 18 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
426 ENROLLED of drugs, including alcohol, which causes physical, psychological, economic, legal, or social harm to the individual user or to others affected bythe user's behavior.
§3386.2.
Addictive Disorder Regulatory Authority A.
The legislature hereby finds it appropriate that the responsibility and authoritytoregulatethepracticeofaddictivedisordertreatment,andprevention,and peer support shall be exercised by a licensing board created for that purpose.
It is the intent of the legislature that a single authority issue and recognize credentials for addictive disorder counseling, prevention, and peer support professionals in Louisiana, and that such authority shall be the Addictive Disorder Regulatory Authority.
B.
The Addictive Disorder RegulatoryAuthority (ADRA) is herebycreated withintheLouisianaDepartmentofHealth.TheADRAshallbegovernedbyaboard of directors, referred to hereafter in this Chapter as the "board", consisting of eight eleven voting members, composed of one member appointed by the secretaryof theLouisianaDepartmentofHealthtorepresenttheofficeofbehavioralhealth andtenmembersallofwhomshall beappointedbythegovernor,subjectto Senate confirmation, as follows:
* * * (5) Three members from a list of nine names divided into three groups of three names each submitted by the Louisiana Association of Substance Abuse Counselors and Trainers, Inc.
One member with a master's degree in addiction counseling,counseling,psychology,socialwork,oranotherhumanservicesfield submitted by the president of the University of Louisiana at Lafayette.
(6) One member with a master's degree in addiction counseling, counseling,psychology,socialwork,oranotherhumanservicesfieldsubmitted by the president of Louisiana State University.
(7) One member with a master's degree in addiction counseling, counseling,psychology,socialwork,oranotherhumanservicesfieldsubmitted by the president of Southern University New Orleans.
(8) One member with a master's degree in addiction counseling, Page 6 of 18 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
426 ENROLLED counseling,psychology,socialwork,oranotherhumanservicesfieldsubmitted by the president of Northwestern State University.
(9)One memberwhoisatrainedandrecognizedpeersupport specialist with a minimum of three years of experience as a peer support specialist providing peer support services to persons with addictive disorders.
(10) One member who is a consumer selected from the state at large.
* * * F.
Except for the consumer member, each member of the board shall at the time of appointment satisfy all of the following criteria:
(2) Have no disciplinary history with the board.
(2) Have no discliplinary history with the board.
(3)Beeligibletoprovidesupervisedclinicalservices,mentortrainees,or participate in board-approved supervision structures.
(3) Be eligible to provide supervised clinical services, mentor trainees, or participate in board-approved supervision structures.
(4) Demonstrate competency in all of the following:
(4) Demonstrate competency in:
(5) Have familiarity with Louisiana's behavioral health infrastructure, including state agencies, parish level services, and community based recovery networks.
(5)HavefamiliaritywithLouisiana'sbehavioralhealthinfrastructure,including state agencies, parish level services, and community based recovery networks.
F.G.(1)Theconsumermemberoftheboardshallpossessallofthefollowing qualifications:
F.G.(1) The consumer member of the board shall possess all of the following qualifications:
(a) Is a citizen of the United States and has been a resident of Louisiana for at least one year immediately prior to appointment.
* * *" AMENDMENT NO.
(b) Has attained the age of majority.
7 On page 7, line 26, change "G." to "G.
(c) Has never been licensed byanyof the licensing boards identified in R.S.
H." AMENDMENT NO.
36:259(A), nor shall he have a spouse who has ever been licensed by a board identified in R.S.
8 On page 20, after line 28, insert the following:
36:259(A).
"Section 3.(A) The Addictive Disorder Regulatory Authority shall coordinate with theLouisianaDepartmentofHealthduringthetransitionofpeersupportspecialistsfromthe department to the board.
(d) Has never been convicted of a felony.
(B) Anyrules promulgated bythe Addictive Disorder RegulatoryAuthorityrelative to peer support specialist associates, peer support specialists, and peer support supervisors shall align with the Substance Abuse Mental Health Services Administration's (SAMHSA) Page 1 of 2 SFASB426 3005 1723 National Model Standards for Peer Support Certification in accordance with any federal requirements by the Centers for Medicare and Medicaid Services (CMS)." Page 2 of 2
(e) Does not have and has never had a material financial interest in the Page 7 of 18 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
426 ENROLLED healthcare profession.
(2) The consumer member shall be a full voting member of the board with all rights and privileges conferred on board members, except that the consumer member shall not participate in the grading of individual examinations.
G.H.
It is the intent of the legislature that the board exercise all regulatory jurisdictionoverthecredentialingandpracticeofaddictioncounselors,peersupport specialists,preventionprofessionals,personsholdingspecialtycertificationsissued by the board, paraprofessionals authorized by this Chapter, and those in training to become addiction counselors and prevention professionals.
* * * §3387.1.
Certified addiction counselor;
scope of practice A.
* * * (2) * * * (b) The certified addiction counselor shall work only under the supervision of a licensed addiction counselor or qualified licensed mental health professional.
(c) The certified addiction counselor shall register his supervisory licensed addictioncounselor or qualified licensed mental health professional with theboard.
(d) Supervisory contact between the certified addiction counselor and the supervisory licensed addiction counselor or qualified licensed mental health professional shall be regular and documented, and shall be provided to the board upon request.
* * * §3387.2.
Registered addiction counselor;
scope of practice A.
* * * (2) * * * (b)Theregisteredaddictioncounselorshall workonlyunderthesupervision of a licensed addiction counselor or other qualified licensed mental health professional.
(c)The registered addiction counselor shall register his supervisorylicensed addiction counselor or other qualified licensed mental health professional with the Page 8 of 18 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
426 ENROLLED Addictive Disorder Regulatory Authority.
(d) Supervisory contact between the registered addiction counselor and the supervisory licensed addiction counselor or qualified licensed mental health professional shall be regular and documented, and shall be provided to the board.
* * * §3387.3.
Counselor-in-training * * * B.(1) * * * * * * (4) The counselor-in-training maywork onlyunder the direct supervision of alicensedaddictioncounselor,certifiedaddictioncounselor,orregisteredaddiction counselor;orintheabsenceofalicensed,certified,orregisteredaddictioncounselor, under the direction of a qualified licensed mental health professional.
* * * §3387.6.
Certified compulsive gambling counselor * * * E.
The board shall recognize as a certified compulsive gambling counselor each candidate who:
(1) Is a licensed, certified, or registered addiction counselor, or who is a qualified licensed mental health professional.
* * * (3) Does not have anypending disciplinary action with the board, or, in the case of a qualified licensed mental health professional, with the appropriate regulatory board.
* * * I.
The board shall revoke the certification for gambling counseling of any personwhodoesnot maintainthevalidandcurrentnecessarycredentialof licensed, certified, or registered addiction counselor or qualified licensed mental health professional.
* * * Page 9 of 18 Coding:
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words in boldface type and underscored are additions.
SB NO.
426 ENROLLED §3387.15.
Peer support specialist;
scope of practice A.(1)Thepracticeof peer support within the meaning and intentof this Chaptershallconsistofthesupervisedrenderingof mentorship,guidance,and support services to individuals suffering from a behavioral health condition to assist them in gaining an understanding of the nature of their disorder and developing and maintaining a responsible lifestyle.
(2) A peer support specialist shall not practice autonomously.
Supervision shall be rendered by a licensed mental health professional or peer supportspecialistsupervisor.Apeersupportspecialistshallnotrenderclinical services.
(3) The scope of practice, in addition to any other applicable provision of this Chapter, shall include implementing strategic support, providing mentorship to family members and, as appropriate, to others affected by the individual's behavioral health condition.
B.
The board shall adopt and promulgate rules which govern peer support specialists in accordance with the provisions of this Chapter.
C.
Any person seeking to be certified by the board as a peer support specialist shall submit an application on a formand in a manner prescribed by the board.
The initial application form shall be accompanied by an initial application fee as provided for in this Chapter.
D.
Upon investigation of the application, the board shall, within forty- fivedays,notifyeachcandidatethattheapplicationissatisfactoryandaccepted orunsatisfactoryandrejected.Ifanapplicationisrejected,thenoticeshallstate the reason for such rejection.
E.Theboardshallrecognize,asapeersupportspecialist,eachcandidate who satisfies all of the following criteria:
(1) Is a legal resident of the United States and at least eighteen years of age on the date the application is received.
(2) Is not in violation of any ethical standards prescribed by the board.
(3) If the applicant has lived experience with a behavioral health Page 10 of 18 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
426 ENROLLED condition, has attestedtoatleasttwelvemonthsofstability and isnot currently engaged in acute treatment at the time the application is received.
(4)Hasnotbeenconvictedof,orenteredapleaofguiltyorapleaofnolo contendere to, a felony.
However, the board may, in its discretion, waive this requirement upon review of the individual's circumstances.
Each candidate shall sign a form prescribed by the board authorizing the board to obtain a criminalhistoryortoconductacriminalbackgroundchecktobeperformedby theBureauofCriminalIdentificationandInformation.Thebureaushall,upon requestandafterreceiptoffingerprintsandotheridentifyinginformationfrom the board, make available to the board information contained in the bureau's criminalhistoryrecordandidentificationfiles,whichpertainstotheindividual applying tobe licensed bytheboardasapeersupportspecialist.
In addition, in ordertodeterminetheapplicant'ssuitabilityforlicensing,thebureaushallthen forward the applicant's fingerprints to the Federal Bureau of Investigation for a national criminal history check.
The results of the criminal history record check shall not be released to any other individual or agency outside of the board.
The bureau shall charge a processing fee as provided in R.S.
15:587(B)(1).
(5) Signs a form of professional and ethical accountability and responsibility as prescribed by the board.
(6)(a) Demonstrates professional competence by passing a written examination.
(b) The board shall determine the scope and administration of the examination.
(c) The board may provide for circumstances under which a candidate who fails the examination, but who meets all other requirements, may retake the examination.
(d) The board shall make reasonable accommodations for those candidates who demonstrate a special need or disability.
(7) Documents the completion of education specific to the domains of Page 11 of 18 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
426 ENROLLED peer support.
(8)Documents thecompletion of supervision specifictodomainsofpeer support and core functions under conditions as shall be determined by the board.
The board may require that such supervision be conducted by an organization'sdocumentedand qualified supervisorystaffperjobdescription.
F.
The board mayprescribesuch otherqualificationsandrequirements for peer support specialists as may be appropriate for the protection of the public or the enhancement of professional services provided pursuant to the authority of this Chapter.
§3387.16.
Peer support specialist supervisor;
scope of practice A.
The legislature finds that peer support is an effective and necessary component in the continuum of behavioral health treatment and services.
In ordertobetterprovideforthehealthandwelfareofthecitizensofthisstate,the legislature desires to enhance the profession of peer support by providing for a qualified workforcein sufficientnumbersto meetthe needs of Louisiana and to contribute to the development of healthy communities within the state.
The legislature finds peer support supervision to be essential for the ongoing development of a qualified workforce sufficient to meet the present and anticipated public health needs of the state.
B.
The board shall adopt and promulgate rules which govern peer supportspecialistsupervisorsinaccordancewiththeprovisionsofthisChapter.
C.
Any person seeking to be recognized by the board as a peer support specialist supervisor shall submit an application to the board on a form and in a manner as the board shall prescribe.
The initial application form shall be accompanied by an initial application fee as provided for in this Chapter.
D.
Upon investigation of the application, the board shall, within forty- fivedays,notifyeachcandidatethattheapplicationissatisfactoryandaccepted orunsatisfactoryandrejected.Ifanapplicationisrejected,thenoticeshallstate the reason for such rejection.
E.
The board shall recognize, as a peer support specialist supervisor, Page 12 of 18 Coding:
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words in boldface type and underscored are additions.
SB NO.
426 ENROLLED each candidate who satisfies all of the following criteria:
(1) Is a legal resident of the United States and at least eighteen years of age on the date the application is received.
(2) Is not in violation of any ethical standards prescribed by the board.
(3)Iftheapplicanthaslivedexperiencewithabehaviorhealthcondition, has attested to at least twelve months of stability and is not currently engaged in acute treatment at the time the application is received.
(4)Hasnotbeenconvictedof,orenteredapleaofguiltyorapleaofnolo contendere to, a felony.
However, the board may, in its discretion, waive this requirement upon review of the individual's circumstances.
Each candidate shall sign a form prescribed by the board authorizing the board to obtain a criminalhistoryortoconductacriminalbackgroundchecktobeperformedby theBureauofCriminalIdentificationandInformation.Thebureaushall,upon requestandafterreceiptoffingerprintsandotheridentifyinginformationfrom the board, make available to the board information contained in the bureau's criminalhistoryrecordandidentificationfiles,whichpertainstotheindividual applying tobe licensed by theboardasapeersupportspecialist.Inaddition, in ordertodeterminetheapplicant'ssuitabilityforlicensing,thebureaushallthen forward the applicant's fingerprints to the Federal Bureau of Investigation for a national criminal history check.
The results of the criminal history record check shall not be released to any other individual or agency outside of the board.
The bureau shall charge a processing fee as provided in R.S.
15:587(B)(1).
(5) Signs a form of professional and ethical accountability and responsibility as prescribed by the board.
F.(1)Eachapplicant shall demonstrate professional competencein peer support supervision by passing a written examination.
(2) The board shall determine the scope and administration of the examination.
(3) The board may provide for circumstances under which a candidate Page 13 of 18 Coding:
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SB NO.
426 ENROLLED who fails the examination, but meets all other requirements, may retake the examination.
(4) The board shall make reasonable accommodations for those candidates who demonstrate a special need or disability.
G.Apeersupportspecialistsupervisormayprovidesupervisionforany other peer support specialist.
* * * §3388.3.
Applicability Peer support specialist renewal A.
It is the intent of the legislature that there be a single authority issuing credentials for addictive disorder counseling and prevention professionals in Louisiana.
The authority for issuing and recognizing credentials for professionals engagedin the providing of counselingandpreventionservicesforthosewhosuffer fromaddictivedisordersshallbetheAddictiveDisorderRegulatoryAuthority.Each peersupportspecialistshallrenewhiscertificationannually.Eachrenewalshall be for a twelve-month period.
B.
Within the twelve-month period provided for in Subsection A of this Section, each peer support specialist shall provide to the board documentation of successfully completing a minimum of twenty board-approved continuing educational hours.
Such hours shall be directly related to the area of certification, including six continuing educational hours in ethics.
§3388.4.
Peer support specialist supervisor renewal A.
The certification for peer support specialist supervisor shall be renewed every twenty-four months.
B.Withinthetwenty-four-monthperiodprovidedforinSubsectionAof this Section, each peer support supervisor shall provide to the board documentation of successful completion of a minimum of twenty board-approved continuing educational hours.
Such hours shall be directly related to the area of certification, including six continuing educational hours in ethics.
C.
The documentation required by Subsection B of this Section shall be Page 14 of 18 Coding:
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SB NO.
426 ENROLLED provided on a form and in a manner prescribed by the board.
D.Theboardmayprescribesuchotherrequirementsforrenewalasmay be appropriate for the protection of the public or the enhancement of professional services as provided under the authority of this Chapter.
* * * §3390.3.
Disciplinary action;
administrative fee;
causes;
hearing;
appeal A.Theboardshallhavethepowertodeny,revoke,orsuspendanycredential, specialty certification, status, or other recognition authorized by this Chapter.
In addition, the board is authorized to impose and collect an administrative fee not to exceedfivehundreddollarsperviolation orotherwisediscipline anypersonholding a credential,specialtycertification,status, or recognition authorized bythis Chapter who engages in any of the following:
* * * (11) Has been grossly negligent in practice as a licensed, certified, or registeredprofessional,professionalintraining,peersupportspecialist,orassistant, as provided for in this Chapter.
* * * B.
The board shall adopt rules and procedures establishing a disciplinary process which shall, at a minimum, comply with the following:
* * * (4) If the board finds that public health, safety, and welfare requires emergency action and incorporates a finding to that effect in its order, a summary suspension of a license, certificate certification, or registration, or status may be ordered pending proceedings for disciplinary action.
Such proceedings shall be promptly instituted and determined pursuant to rule.
* * * §3390.6.
Addictive disorders professionals;
fees and penalties A.
The board shall, by rule, adopt a schedule of fees and penalties to be charged relative to the issuance of licenses, registrations, and certifications, and statuses provided for in this Chapter.
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SB NO.
426 ENROLLED B.
The board may impose and collect the following fees:
* * * (6) Each application for a peer support specialist supervisor shall be accompanied by a fee prescribed by the board.
The fee for processing the application shall be in an amount at least sufficient to cover the cost of processingtheapplication, butshallnotbelessthanfiftydollarsnormorethan threehundred dollars.
The fee for administering the writtenexamination shall be in an amount atleastsufficienttocoverthecostofadministeringthewritten examination,butshallnotbelessthanonehundreddollarsnormorethanthree hundred dollars.
The renewal fee for a peer support specialist or supervisor shallnotbelessthanonehundreddollarsnormorethanthreehundreddollars.
(6)(7) The board may require that each application or request for a copy of anyroster maintained pursuant to R.S.
37:3386.3(A)(9) be accompanied bya fee of not less than one hundred dollars nor more than three hundred dollars.
(7)(8)Eachtrainingoreducationalinstitute,provider,orinstitutionshallpay a fee of not less than two hundred nor more than two hundred fifty dollars to the boardinordertobeauthorizedtoprovideapprovededucation,training,andcourses.
Such authorization shall be valid for a period of one year.
For those education providers who elect not to seek annual approval, the board is authorized to impose andcollectafeeofnotlessthanonehundrednormorethanonehundredfiftydollars for each course approved.
In addition, all providers submitting course reports shall pay a fee of not less than one nor more than five dollars per participant.
(8)(9) Any person seeking approval of continuing education credit when thosecreditswerenotapprovedpursuanttoParagraph(7)(8)ofthisSubsection,shall pay a fee of not less than twenty-five dollars nor more than fifty dollars for each fifteen hours of continuing education credit.
Section 2.
R.S.
40:1203.3(E) is hereby amended and reenacted to read as follows:
§1203.3.
Refusal to hire or contract;
termination of employment;
exceptions to hiring prohibition;
appeal procedure;
waiver * * * Page 16 of 18 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
426 ENROLLED E.(1) For purposes of this Subsection, "peer support specialist" means a behavioral health staff member who possesses lived experience with his own behavioral health condition and with navigating the behavioral health services network who seeks employment with a behavioral healthcare facility or program serving people with behavioral health conditions.
(2)(1) The provisions of this Subsection shall apply exclusively to certified addictioncounselors,registeredaddictioncounselors,counselorsintraining,or peer support specialists employed or contracted with a behavioral health services provider licensedbythe department and shall not be construed to applyto anyother person or any licensed personnel.
(3)(2) Notwithstanding any other provision of law, a person shall not be prohibited or disqualified from employment as a peer support specialist certified addiction counselor, registered addiction counselor, counselor in training, or peer support specialist with a licensed behavioral health services provider if the person's criminal background check reveals he has been convicted of an offense providedforinR.S.14:38.1or67,orconvictedofdistributionorpossessionwiththe intent to distribute controlled dangerous substances listed in Schedules I through V of the Uniform Controlled Dangerous Substances Law, R.S.
40:961 et seq., if that person meets all of the following requirements:
(a) No less than three years prior to being hired as a peer support specialist, the person satisfactorily completed his sentence or was lawfully released from confinement, supervision, or probation imposed by a court for the person's most recent conviction for an offense listed in this Paragraph.
(b) After satisfactorily completing his sentence or after being lawfully releasedfrom confinement, supervision, or probation for his most recentconviction foranoffenselistedinthisParagraph,thepersonsuccessfullycompletedalltraining andrequirementsestablishedbytheofficeofbehavioralhealthofthedepartmentfor a peer support specialist as evidenced by a Notice of Completion of Training and Requirements issued by the office of behavioral health or its designee Addictive Disorder Regulatory Authority.
Page 17 of 18 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
426 ENROLLED (4)(3)NothinginthisSubsectionshallbeconstruedascreatinganobligation upon an employer to offer employment to a person.
(5)(4) The department Addictive Disorder Regulatory Authority shall promulgaterulesinaccordancewiththeAdministrativeProcedureActrelatingtothe training and requirements of peer support specialists for purposes of implementing this Subsection.
Section 3.(A) The Addictive Disorder Regulatory Authority shall convene an advisorygroup,composedofsubjectmatterexpertsonaddictivedisordersandpeersupport servicesandpeersupportspecialists,tocoordinatewiththeLouisianaDepartmentofHealth during the transition of peer support specialists from the department to the board.
(B) Any individual recognized by the Louisiana Department of Health as a peer support specialist on the effective date of this Act shall continue to be recognized by the Addictive Disorders Regulatory Authority.
Upon transfer from the Louisiana Department of Health to the Addictive Disorders Regulatory Authority, a peer support specialist shall renew his certification twelve months from the date of his most recent recognition by the Louisiana Department of Health.
(C) Anyrules promulgated bythe Addictive Disorder RegulatoryAuthorityrelative to peer support specialists and peer support specialist supervisors shall align with the Substance Abuse Mental Health Services Administration's (SAMHSA) National Model StandardsforPeerSupportCertificationinaccordancewith anyfederalrequirementsbythe Centers for Medicare and Medicaid Services (CMS).
PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
Page 18 of 18 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.