SB 96-1_ Filed 04/28/2009, 16:45
CONFERENCE COMMITTEE REPORT
DIGEST FOR ESB 96
Citations Affected: IC 25-1; IC 25-20.5-1-1; IC 25-23.6; IC 31-32-11-1.
Synopsis: Addiction counselors. Conference committee report for ESB 96. Provides for a
license for addiction counselors. Changes the name of the "social worker, marriage and family
therapist, and mental health counselor board" to the "behavioral health and human services
licensing board" (board) and adds members. Requires addiction counselors and clinical addiction
counselors to be licensed. Establishes requirements and procedures for an individual to be
licensed as an addiction counselor or clinical addiction counselor. Prohibits a person who is not
licensed as an addiction counselor from using certain titles or certain words in a title. Establishes
interim qualifications and procedures according to which persons already acting as addiction
counselors may obtain initial licensure. Makes conforming changes. (The introduced version of
this bill was prepared by the commission on mental health.) (This conference committee
report: (1) makes changes affecting the appointment of members of the behavioral health
and human services licensing board; (2) amends the student exemption; (3) changes the
requirements concerning an applicant's submission to the board of evidence that the
applicant has not been convicted of certain crimes; (4) amends the educational and clinical
qualifications for applicants; (5) relocates the addiction counseling grandfather provisions;
and (6) removes the study of issues concerning paramedics.)
Effective: July 1, 2009.
CONFERENCE COMMITTEE REPORT
MADAM PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed House Amendments to Engrossed Senate Bill No. 96 respectfully reports that
said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 25-1-2-6; (09)CC009603.1.1. -->
SECTION 1. IC 25-1-2-6, AS AMENDED BY P.L.3-2008,
SECTION 176, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 6. (a) As used in this section,
"license" includes all occupational and professional licenses,
registrations, permits, and certificates issued under the Indiana Code,
and "licensee" includes all occupational and professional licensees,
registrants, permittees, and certificate holders regulated under the
Indiana Code.
(b) This section applies to the following entities that regulate
occupations or professions under the Indiana Code:
(1) Indiana board of accountancy.
(2) Indiana grain buyers and warehouse licensing agency.
(3) Indiana auctioneer commission.
(4) Board of registration for architects and landscape architects.
(5) State board of barber examiners.
(6) State board of cosmetology examiners.
(7) Medical licensing board of Indiana.
(8) Secretary of state.
(9) State board of dentistry.
(10) State board of funeral and cemetery service.
(11) Worker's compensation board of Indiana.
(12) Indiana state board of health facility administrators.
(13) Committee of hearing aid dealer examiners.
(14) Indiana state board of nursing.
(15) Indiana optometry board.
(16) Indiana board of pharmacy.
(17) Indiana plumbing commission.
(18) Board of podiatric medicine.
(19) Private investigator and security guard licensing board.
(20) State board of registration for professional engineers.
(21) Board of environmental health specialists.
(22) State psychology board.
(23) Indiana real estate commission.
(24) Speech-language pathology and audiology board.
(25) Department of natural resources.
(26) State boxing commission.
(27) Board of chiropractic examiners.
(28) Mining board.
(29) Indiana board of veterinary medical examiners.
(30) State department of health.
(31) Indiana physical therapy committee.
(32) Respiratory care committee.
(33) Occupational therapy committee.
(34) Social worker, marriage and family therapist, and mental
health counselor Behavioral health and human services
licensing board.
(35) Real estate appraiser licensure and certification board.
(36) State board of registration for land surveyors.
(37) Physician assistant committee.
(38) Indiana dietitians certification board.
(39) Indiana hypnotist committee.
(40) Attorney general (only for the regulation of athlete agents).
(41) Manufactured home installer licensing board.
(42) Home inspectors licensing board.
(43) State board of massage therapy.
(44) Any other occupational or professional agency created after
June 30, 1981.
(c) Notwithstanding any other law, the entities included in
subsection (b) shall send a notice of the upcoming expiration of a
license to each licensee at least sixty (60) days prior to the expiration
of the license. The notice must inform the licensee of the need to renew
and the requirement of payment of the renewal fee. If this notice of
expiration is not sent by the entity, the licensee is not subject to a
sanction for failure to renew if, once notice is received from the entity,
the license is renewed within forty-five (45) days of the receipt of the
notice.
SOURCE: IC 25-1-4-0.3; (09)CC009603.1.2. -->
SECTION 2. IC 25-1-4-0.3, AS AMENDED BY P.L.2-2008,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 0.3. As used in this chapter, "board" means any of
the following:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects
(IC 25-4-1-2).
(3) Indiana athletic trainers board (IC 25-5.1-2-1).
(4) Indiana auctioneer commission (IC 25-6.1-2-1).
(5) State board of barber examiners (IC 25-7-5-1).
(6) State boxing commission (IC 25-9-1).
(7) Board of chiropractic examiners (IC 25-10-1).
(8) State board of cosmetology examiners (IC 25-8-3-1).
(9) State board of dentistry (IC 25-14-1).
(10) Indiana dietitians certification board (IC 25-14.5-2-1).
(11) State board of registration for professional engineers
(IC 25-31-1-3).
(12) Board of environmental health specialists (IC 25-32-1).
(13) State board of funeral and cemetery service (IC 25-15-9).
(14) Indiana state board of health facility administrators
(IC 25-19-1).
(15) Committee of hearing aid dealer examiners (IC 25-20-1-1.5).
(16) Home inspectors licensing board (IC 25-20.2-3-1).
(17) Indiana hypnotist committee (IC 25-20.5-1-7).
(18) State board of registration for land surveyors
(IC 25-21.5-2-1).
(19) Manufactured home installer licensing board (IC 25-23.7).
(20) Medical licensing board of Indiana (IC 25-22.5-2).
(21) Indiana state board of nursing (IC 25-23-1).
(22) Occupational therapy committee (IC 25-23.5).
(23) Indiana optometry board (IC 25-24).
(24) Indiana board of pharmacy (IC 25-26).
(25) Indiana physical therapy committee (IC 25-27-1).
(26) Physician assistant committee (IC 25-27.5).
(27) Indiana plumbing commission (IC 25-28.5-1-3).
(28) Board of podiatric medicine (IC 25-29-2-1).
(29) Private investigator and security guard licensing board
(IC 25-30-1-5.2).
(30) State psychology board (IC 25-33).
(31) Indiana real estate commission (IC 25-34.1-2).
(32) Real estate appraiser licensure and certification board
(IC 25-34.1-8).
(33) Respiratory care committee (IC 25-34.5).
(34) Social worker, marriage and family therapist, and mental
health counselor Behavioral health and human services
licensing board (IC 25-23.6).
(35) Speech-language pathology and audiology board
(IC 25-35.6-2).
(36) Indiana board of veterinary medical examiners
(IC 25-38.1-2).
SOURCE: IC 25-1-5-3; (09)CC009603.1.3. -->
SECTION 3. IC 25-1-5-3, AS AMENDED BY P.L.2-2008,
SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 3. (a) There is established the Indiana professional
licensing agency. The agency shall perform all administrative
functions, duties, and responsibilities assigned by law or rule to the
executive director, secretary, or other statutory administrator of the
following:
(1) Board of chiropractic examiners (IC 25-10-1).
(2) State board of dentistry (IC 25-14-1).
(3) Indiana state board of health facility administrators
(IC 25-19-1).
(4) Medical licensing board of Indiana (IC 25-22.5-2).
(5) Indiana state board of nursing (IC 25-23-1).
(6) Indiana optometry board (IC 25-24).
(7) Indiana board of pharmacy (IC 25-26).
(8) Board of podiatric medicine (IC 25-29-2-1).
(9) Board of environmental health specialists (IC 25-32).
(10) Speech-language pathology and audiology board
(IC 25-35.6-2).
(11) State psychology board (IC 25-33).
(12) Indiana board of veterinary medical examiners
(IC 25-38.1-2).
(13) Controlled substances advisory committee (IC 35-48-2-1).
(14) Committee of hearing aid dealer examiners (IC 25-20).
(15) Indiana physical therapy committee (IC 25-27).
(16) Respiratory care committee (IC 25-34.5).
(17) Occupational therapy committee (IC 25-23.5).
(18) Social worker, marriage and family therapist, and mental
health counselor Behavioral health and human services
licensing board (IC 25-23.6).
(19) Physician assistant committee (IC 25-27.5).
(20) Indiana athletic trainers board (IC 25-5.1-2-1).
(21) Indiana dietitians certification board (IC 25-14.5-2-1).
(22) Indiana hypnotist committee (IC 25-20.5-1-7).
(b) Nothing in this chapter may be construed to give the agency
policy making authority, which authority remains with each board.
SOURCE: IC 25-1-5-10; (09)CC009603.1.4. -->
SECTION 4. IC 25-1-5-10, AS AMENDED BY P.L.2-2008,
SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 10. (a) As used in this section, "provider" means
an individual licensed, certified, registered, or permitted by any of the
following:
(1) Board of chiropractic examiners (IC 25-10-1).
(2) State board of dentistry (IC 25-14-1).
(3) Indiana state board of health facility administrators
(IC 25-19-1).
(4) Medical licensing board of Indiana (IC 25-22.5-2).
(5) Indiana state board of nursing (IC 25-23-1).
(6) Indiana optometry board (IC 25-24).
(7) Indiana board of pharmacy (IC 25-26).
(8) Board of podiatric medicine (IC 25-29-2-1).
(9) Board of environmental health specialists (IC 25-32-1).
(10) Speech-language pathology and audiology board
(IC 25-35.6-2).
(11) State psychology board (IC 25-33).
(12) Indiana board of veterinary medical examiners
(IC 25-38.1-2).
(13) Indiana physical therapy committee (IC 25-27).
(14) Respiratory care committee (IC 25-34.5).
(15) Occupational therapy committee (IC 25-23.5).
(16) Social worker, marriage and family therapist, and mental
health counselor Behavioral health and human services
licensing board (IC 25-23.6).
(17) Physician assistant committee (IC 25-27.5).
(18) Indiana athletic trainers board (IC 25-5.1-2-1).
(19) Indiana dietitians certification board (IC 25-14.5-2-1).
(20) Indiana hypnotist committee (IC 25-20.5-1-7).
(b) The agency shall create and maintain a provider profile for each
provider described in subsection (a).
(c) A provider profile must contain the following information:
(1) The provider's name.
(2) The provider's license, certification, registration, or permit
number.
(3) The provider's license, certification, registration, or permit
type.
(4) The date the provider's license, certification, registration, or
permit was issued.
(5) The date the provider's license, certification, registration, or
permit expires.
(6) The current status of the provider's license, certification,
registration, or permit.
(7) The provider's city and state of record.
(8) A statement of any disciplinary action taken against the
provider within the previous ten (10) years by a board or
committee described in subsection (a).
(d) The agency shall make provider profiles available to the public.
(e) The computer gateway administered by the office of technology
established by IC 4-13.1-2-1 shall make the information described in
subsection (c)(1), (c)(2), (c)(3), (c)(6), (c)(7), and (c)(8) generally
available to the public on the Internet.
(f) The agency may adopt rules under IC 4-22-2 to implement this
section.
SOURCE: IC 25-1-7-1; (09)CC009603.1.5. -->
SECTION 5. IC 25-1-7-1, AS AMENDED BY P.L.3-2008,
SECTION 178, AND AS AMENDED BY P.L.134-2008, SECTION
16, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 1. As used in this chapter:
"Board" means the appropriate agency listed in the definition of
regulated occupation in this section.
"Director" refers to the director of the division of consumer
protection.
"Division" refers to the division of consumer protection, office of
the attorney general.
"Licensee" means a person who is:
(1) licensed, certified, or registered by a board listed in this
section; and
(2) the subject of a complaint filed with the division.
"Person" means an individual, a partnership, a limited liability
company, or a corporation.
"Regulated occupation" means an occupation in which a person is
licensed, certified, or registered by one (1) of the following:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects
(IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2-1).
(4) State board of barber examiners (IC 25-7-5-1).
(5) State boxing commission (IC 25-9-1).
(6) Board of chiropractic examiners (IC 25-10-1).
(7) State board of cosmetology examiners (IC 25-8-3-1).
(8) State board of dentistry (IC 25-14-1).
(9) State board of funeral and cemetery service (IC 25-15-9).
(10) State board of registration for professional engineers
(IC 25-31-1-3).
(11) Indiana state board of health facility administrators
(IC 25-19-1).
(12) Medical licensing board of Indiana (IC 25-22.5-2).
(13) Indiana state board of nursing (IC 25-23-1).
(14) Indiana optometry board (IC 25-24).
(15) Indiana board of pharmacy (IC 25-26).
(16) Indiana plumbing commission (IC 25-28.5-1-3).
(17) Board of podiatric medicine (IC 25-29-2-1).
(18) Board of environmental health specialists (IC 25-32-1).
(19) State psychology board (IC 25-33).
(20) Speech-language pathology and audiology board
(IC 25-35.6-2).
(21) Indiana real estate commission (IC 25-34.1-2).
(22) Indiana board of veterinary medical examiners
(IC 1
5-5-1.1).
(IC 25-38.1).
(23) Department of natural resources for purposes of licensing
water well drillers under IC 25-39-3.
(24) Respiratory care committee (IC 25-34.5).
(25) Private investigator and security guard licensing board
(IC 25-30-1-5.2).
(26) Occupational therapy committee (IC 25-23.5).
(27)
Social worker, marriage and family therapist, and mental
health counselor Behavioral health and human services
licensing board (IC 25-23.6).
(28) Real estate appraiser licensure and certification board
(IC 25-34.1-8).
(29) State board of registration for land surveyors
(IC 25-21.5-2-1).
(30) Physician assistant committee (IC 25-27.5).
(31) Indiana athletic trainers board (IC 25-5.1-2-1).
(32) Indiana dietitians certification board (IC 25-14.5-2-1).
(33) Indiana hypnotist committee (IC 25-20.5-1-7).
(34) Indiana physical therapy committee (IC 25-27).
(35) Manufactured home installer licensing board (IC 25-23.7).
(36) Home inspectors licensing board (IC 25-20.2-3-1).
(37) State department of health,
for out-of-state mobile health
care entities.
(38) State board of massage therapy (IC 25-21.8-2-1).
(39) Any other occupational or professional agency created after
June 30, 1981.
SOURCE: IC 25-1-8-1; (09)CC009603.1.6. -->
SECTION 6. IC 25-1-8-1, AS AMENDED BY P.L.3-2008,
SECTION 179, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 1. As used in this chapter, "board"
means any of the following:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects
(IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2-1).
(4) State board of barber examiners (IC 25-7-5-1).
(5) State boxing commission (IC 25-9-1).
(6) Board of chiropractic examiners (IC 25-10-1).
(7) State board of cosmetology examiners (IC 25-8-3-1).
(8) State board of dentistry (IC 25-14-1).
(9) State board of funeral and cemetery service (IC 25-15).
(10) State board of registration for professional engineers
(IC 25-31-1-3).
(11) Indiana state board of health facility administrators
(IC 25-19-1).
(12) Medical licensing board of Indiana (IC 25-22.5-2).
(13) Mining board (IC 22-10-1.5-2).
(14) Indiana state board of nursing (IC 25-23-1).
(15) Indiana optometry board (IC 25-24).
(16) Indiana board of pharmacy (IC 25-26).
(17) Indiana plumbing commission (IC 25-28.5-1-3).
(18) Board of environmental health specialists (IC 25-32-1).
(19) State psychology board (IC 25-33).
(20) Speech-language pathology and audiology board
(IC 25-35.6-2).
(21) Indiana real estate commission (IC 25-34.1-2-1).
(22) Indiana board of veterinary medical examiners
(IC 25-38.1-2-1).
(23) Department of insurance (IC 27-1).
(24) State police department (IC 10-11-2-4), for purposes of
certifying polygraph examiners under IC 25-30-2.
(25) Department of natural resources for purposes of licensing
water well drillers under IC 25-39-3.
(26) Private investigator and security guard licensing board
(IC 25-30-1-5.2).
(27) Occupational therapy committee (IC 25-23.5-2-1).
(28) Social worker, marriage and family therapist, and mental
health counselor Behavioral health and human services
licensing board (IC 25-23.6-2-1).
(29) Real estate appraiser licensure and certification board
(IC 25-34.1-8).
(30) State board of registration for land surveyors
(IC 25-21.5-2-1).
(31) Physician assistant committee (IC 25-27.5).
(32) Indiana athletic trainers board (IC 25-5.1-2-1).
(33) Board of podiatric medicine (IC 25-29-2-1).
(34) Indiana dietitians certification board (IC 25-14.5-2-1).
(35) Indiana physical therapy committee (IC 25-27).
(36) Manufactured home installer licensing board (IC 25-23.7).
(37) Home inspectors licensing board (IC 25-20.2-3-1).
(38) State board of massage therapy (IC 25-21.8-2-1).
(39) Any other occupational or professional agency created after
June 30, 1981.
SOURCE: IC 25-1-8-6; (09)CC009603.1.7. -->
SECTION 7. IC 25-1-8-6, AS AMENDED BY P.L.105-2008,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 6. (a) As used in this section, "board" means any
of the following:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects
(IC 25-4-1-2).
(3) Indiana athletic trainers board (IC 25-5.1-2-1).
(4) Indiana auctioneer commission (IC 25-6.1-2-1).
(5) State board of barber examiners (IC 25-7-5-1).
(6) State boxing commission (IC 25-9-1).
(7) Board of chiropractic examiners (IC 25-10-1).
(8) State board of cosmetology examiners (IC 25-8-3-1).
(9) State board of dentistry (IC 25-14-1).
(10) Indiana dietitians certification board (IC 25-14.5-2-1).
(11) State board of registration for professional engineers
(IC 25-31-1-3).
(12) Board of environmental health specialists (IC 25-32-1).
(13) State board of funeral and cemetery service (IC 25-15-9).
(14) Indiana state board of health facility administrators
(IC 25-19-1).
(15) Committee of hearing aid dealer examiners (IC 25-20-1-1.5).
(16) Home inspectors licensing board (IC 25-20.2-3-1).
(17) Indiana hypnotist committee (IC 25-20.5-1-7).
(18) State board of registration for land surveyors
(IC 25-21.5-2-1).
(19) Manufactured home installer licensing board (IC 25-23.7).
(20) Medical licensing board of Indiana (IC 25-22.5-2).
(21) Indiana state board of nursing (IC 25-23-1).
(22) Occupational therapy committee (IC 25-23.5).
(23) Indiana optometry board (IC 25-24).
(24) Indiana board of pharmacy (IC 25-26).
(25) Indiana physical therapy committee (IC 25-27).
(26) Physician assistant committee (IC 25-27.5).
(27) Indiana plumbing commission (IC 25-28.5-1-3).
(28) Board of podiatric medicine (IC 25-29-2-1).
(29) Private investigator and security guard licensing board
(IC 25-30-1-5.2).
(30) State psychology board (IC 25-33).
(31) Indiana real estate commission (IC 25-34.1-2).
(32) Real estate appraiser licensure and certification board
(IC 25-34.1-8).
(33) Respiratory care committee (IC 25-34.5).
(34)
Social worker, marriage and family therapist, and mental
health counselor Behavioral health and human services
licensing board (IC 25-23.6).
(35) Speech-language pathology and audiology board
(IC 25-35.6-2).
(36) Indiana board of veterinary medical examiners (IC 25-38.1).
(37) State board of massage therapy (IC 25-21.8-2-1).
(b) This section does not apply to a license, certificate, or
registration that has been revoked or suspended.
(c) Notwithstanding any other law regarding the reinstatement of a
delinquent or lapsed license, certificate, or registration and except as
provided in section 8 of this chapter, the holder of a license, certificate,
or registration that was issued by the board that is three (3) years or less
delinquent must be reinstated upon meeting the following
requirements:
(1) Submission of the holder's completed renewal application.
(2) Payment of the current renewal fee established by the board
under section 2 of this chapter.
(3) Payment of a reinstatement fee established by the Indiana
professional licensing agency.
(4) If a law requires the holder to complete continuing education
as a condition of renewal, the holder:
(A) shall provide the board with a sworn statement, signed by
the holder, that the holder has fulfilled the continuing
education requirements required by the board; or
(B) shall, if the holder has not complied with the continuing
education requirements, meet any requirements imposed under
IC 25-1-4-5 and IC 25-1-4-6.
(d) Notwithstanding any other law regarding the reinstatement of a
delinquent or lapsed license, certificate, or registration and except as
provided in section 8 of this chapter, unless a statute specifically does
not allow a license, certificate, or registration to be reinstated if it has
lapsed for more than three (3) years, the holder of a license, certificate,
or registration that was issued by the board that is more than three (3)
years delinquent must be reinstated upon meeting the following
requirements:
(1) Submission of the holder's completed renewal application.
(2) Payment of the current renewal fee established by the board
under section 2 of this chapter.
(3) Payment of a reinstatement fee equal to the current initial
application fee.
(4) If a law requires the holder to complete continuing education
as a condition of renewal, the holder:
(A) shall provide the board with a sworn statement, signed by
the holder, that the holder has fulfilled the continuing
education requirements required by the board; or
(B) shall, if the holder has not complied with the continuing
education requirements, meet any requirements imposed under
IC 25-1-4-5 and IC 25-1-4-6.
(5) Complete such remediation and additional training as deemed
appropriate by the board given the lapse of time involved.
(6) Any other requirement that is provided for in statute or rule
that is not related to fees.
SOURCE: IC 25-1-9-1; (09)CC009603.1.8. -->
SECTION 8. IC 25-1-9-1, AS AMENDED BY P.L.2-2008,
SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 1. As used in this chapter, "board" means any of
the following:
(1) Board of chiropractic examiners (IC 25-10-1).
(2) State board of dentistry (IC 25-14-1).
(3) Indiana state board of health facility administrators
(IC 25-19-1).
(4) Medical licensing board of Indiana (IC 25-22.5-2).
(5) Indiana state board of nursing (IC 25-23-1).
(6) Indiana optometry board (IC 25-24).
(7) Indiana board of pharmacy (IC 25-26).
(8) Board of podiatric medicine (IC 25-29-2-1).
(9) Board of environmental health specialists (IC 25-32).
(10) Speech-language pathology and audiology board
(IC 25-35.6-2).
(11) State psychology board (IC 25-33).
(12) Indiana board of veterinary medical examiners
(IC 25-38.1-2).
(13) Indiana physical therapy committee (IC 25-27-1).
(14) Respiratory care committee (IC 25-34.5).
(15) Occupational therapy committee (IC 25-23.5).
(16) Social worker, marriage and family therapist, and mental
health counselor Behavioral health and human services
licensing board (IC 25-23.6).
(17) Physician assistant committee (IC 25-27.5).
(18) Indiana athletic trainers board (IC 25-5.1-2-1).
(19) Indiana dietitians certification board (IC 25-14.5-2-1).
(20) Indiana hypnotist committee (IC 25-20.5-1-7).
SOURCE: IC 25-20.5-1-1; (09)CC009603.1.9. -->
SECTION 9. IC 25-20.5-1-1, AS AMENDED BY P.L.134-2008,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 1. This chapter does not apply to the following if
the person has received training in the performance of hypnotism:
(1) A licensed dentist practicing dentistry under IC 25-14.
(2) A licensed physician practicing medicine under IC 25-22.5.
(3) A licensed osteopath practicing medicine under IC 25-22.5.
(4) A licensed psychologist practicing psychology under
IC 25-33.
(5) A licensed social worker or clinical social worker practicing
social work or clinical social work under IC 25-23.6.
(6) A registered nurse licensed under IC 25-23.
(7) A licensed marriage and family therapist practicing marriage
and family therapy under IC 25-23.6.
(8) A licensed mental health counselor practicing mental health
counseling under IC 25-23.6.
(9) A licensed addiction counselor or a licensed clinical
addiction counselor practicing addiction counseling or clinical
addiction counseling under IC 25-23.6.
(9) (10) An individual who teaches Lamaze prenatal and delivery
relaxation techniques to pregnant women.
(10) (11) A law enforcement officer who:
(A) is trained in hypnotism; and
(B) uses hypnosis only for law enforcement purposes.
(11) (12) A licensed chiropractor practicing the science of
chiropractic under IC 25-10.
(12) (13) An individual who performs hypnotism exclusively for
entertainment or amusement purposes at a theater, night club, or
other place that offers entertainment to the public for
consideration or promotional purposes.
SOURCE: IC 25-23.6-1-1.2; (09)CC009603.1.10. -->
SECTION 10. IC 25-23.6-1-1.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 1.2. "Addiction counseling
experience" refers to a time during which an applicant provides
addiction counseling services directly to clients diagnosed with a
substance use disorder, including treatment of clients, and at least
fifty percent (50%) of the time consists of providing addiction
counseling services directly to clients diagnosed with a substance
use disorder.
SOURCE: IC 25-23.6-1-2; (09)CC009603.1.11. -->
SECTION 11. IC 25-23.6-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. "Board" refers to the
social worker, marriage and family therapist, and mental health
counselor behavioral health and human services licensing board.
SOURCE: IC 25-23.6-1-2.6; (09)CC009603.1.12. -->
SECTION 12. IC 25-23.6-1-2.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 2.6. "Clinical addiction
counseling experience" refers to a time during which an applicant
provides clinical services, including evaluation and treatment of
clients, and at least fifty percent (50%) of the time consists of
providing addiction counseling services directly to clients
diagnosed with a substance use disorder.
SECTION 13. IC 25-23.6-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. "Clinical social
worker" means an individual who is licensed under this article.
IC 25-23.6-5.
SOURCE: IC 25-23.6-1-3.8; (09)CC009603.1.14. -->
SECTION 14. IC 25-23.6-1-3.8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3.8. Except as provided
in IC 25-23.6-7-5, as used in this chapter, "counselor" refers to a social
worker, a clinical social worker, a marriage and family therapist, or a
mental health counselor, an addiction counselor, or a clinical
addiction counselor who is licensed under this article.
SOURCE: IC 25-23.6-1-4.3; (09)CC009603.1.15. -->
SECTION 15. IC 25-23.6-1-4.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 4.3. "Licensed addiction
counselor" means an individual who is licensed as an addiction
counselor under IC 25-23.6-10.5.
SOURCE: IC 25-23.6-1-4.5; (09)CC009603.1.16. -->
SECTION 16. IC 25-23.6-1-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 4.5. "Licensed clinical addiction
counselor" means an individual who is licensed as a clinical
addiction counselor under IC 25-23.6-10.5.
SOURCE: IC 25-23.6-1-4.8; (09)CC009603.1.17. -->
SECTION 17. IC 25-23.6-1-4.8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4.8. "Licensed social
worker" means an individual who is licensed under this article.
IC 25-23.6-5.
SOURCE: IC 25-23.6-1-5; (09)CC009603.1.18. -->
SECTION 18. IC 25-23.6-1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. "Marriage and family
therapist" means an individual who is licensed under this article.
IC 25-23.6-8.
SOURCE: IC 25-23.6-1-5.5; (09)CC009603.1.19. -->
SECTION 19. IC 25-23.6-1-5.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5.5. "Mental health
counselor" means an individual who is licensed under this article.
IC 25-23.6-8.5.
SOURCE: IC 25-23.6-1-5.7; (09)CC009603.1.20. -->
SECTION 20. IC 25-23.6-1-5.7 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]:
Sec. 5.7. (a) "Practice of addiction
counseling" means the providing of professional services that are
delivered by a licensed addiction counselor, that are designed to
change substance use or addictive behavior, and that involve
specialized knowledge and skill related to addictions and addictive
behaviors, including understanding addiction, knowledge of the
treatment process, application to practice, and professional
readiness. The term includes:
(1) gathering information through structured interview
screens using routine protocols;
(2) reviewing assessment findings to assist in the development
of a plan individualized for treatment services and to
coordinate services;
(3) referring for assessment, diagnosis, evaluation, and mental
health therapy;
(4) providing client and family education related to
addictions;
(5) providing information on social networks and community
systems for referrals and discharge planning;
(6) participating in multidisciplinary treatment team meetings
or consulting with clinical addiction professionals;
(7) counseling, through individual and group counseling, as
well as group and family education, to treat addiction and
substance abuse in a variety of settings, including:
(A) mental and physical health facilities; and
(B) child and family service agencies; and
(8) maintaining the highest level of professionalism and
ethical responsibility.
(b) The term does not include the use of psychotherapy or
diagnosis (as defined in IC 25-22.5-1-1.1(c) or as defined as the
practice of psychology under IC 25-33-1-2(a)).
(c) For an individual who obtains a license as an addiction
counselor by:
(1) holding a valid:
(A) level II or higher certification or the equivalent
certification from a credentialing agency approved by the
division of mental health and addiction; or
(B) certification as an addiction counselor or addiction
therapist from a credentialing agency that is approved by
the board;
(2) having at least ten (10) years of experience in addiction
counseling;
(3) furnishing satisfactory evidence to the board that the
individual does not have:
(A) a conviction for a crime of violence (as defined in
IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13); or
(B) a conviction in the previous two (2) years that has a
direct bearing on the individual's ability to practice
competently; and
(4) filing an initial application with the board before July 1,
2010;
the term includes the provision of addiction counseling services in
private practice in consultation with other licensed professionals
as required by the client's individualized treatment plan.
SOURCE: IC 25-23.6-1-5.9; (09)CC009603.1.21. -->
SECTION 21. IC 25-23.6-1-5.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 5.9. (a) "Practice of clinical
addiction counseling" means the providing of professional services
that are delivered by a licensed clinical addiction counselor, that
are designed to change substance use or addictive behavior, and
that involve specialized knowledge and skill related to addictions
and addictive behaviors, including understanding addiction,
knowledge of the treatment process, application to practice, and
professional readiness. The term includes:
(1) gathering information through structured interview
screens using routine protocols and standardized clinical
instruments;
(2) using appraisal instruments as an aid in individualized
treatment planning that the licensed clinical addiction
counselor is qualified to employ because of:
(A) education;
(B) training; and
(C) experience;
(3) providing psychosocial evaluations using accepted
classifications, including classifications from the American
Psychiatric Association's Diagnostic and Statistical Manual of
Mental Disorders, as amended and supplemented, to the
extent of the licensed clinical addiction counselor's education,
training, experience, and scope of practice as established by
this article;
(4) reviewing assessment findings to:
(A) develop a plan for individualized addiction treatment;
(B) coordinate services; and
(C) provide subsequent assessment updates;
(5) using counseling and psychotherapeutic techniques
through individual, group, and family counseling to treat
addiction and other substance related problems and
conditions in a variety of settings, including:
(A) mental and physical health facilities;
(B) child and family service agencies; and
(C) private practice;
(6) providing client and family education related to
addictions;
(7) providing information on social networks and community
systems for referrals and discharge planning;
(8) participating in multidisciplinary treatment team meetings
or consulting with clinical addiction professionals; and
(9) maintaining the highest level of professionalism and
ethical responsibility.
(b) The term does not include diagnosis (as defined in
IC 25-22.5-1-1.1(c)).
SOURCE: IC 25-23.6-2-1; (09)CC009603.1.22. -->
SECTION 22. IC 25-23.6-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. The social worker,
marriage and family therapist, and mental health counselor behavioral
health and human services licensing board is established.
SOURCE: IC 25-23.6-2-2; (09)CC009603.1.23. -->
SECTION 23. IC 25-23.6-2-2, AS AMENDED BY P.L.2-2007,
SECTION 329, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 2. (a) The board consists of nine (9)
eleven (11) members appointed by the governor for terms of three (3)
years. The board must include the following:
(1) Two (2) marriage and family therapists who:
(A) have at least a master's degree in marriage and family
therapy or a related field from an eligible postsecondary
educational institution;
(B) are licensed under this chapter; and
(C) have five (5) years of experience in marriage and family
therapy.
(2) One (1) social worker who:
(A) has at least a master's degree in social work from an
eligible postsecondary educational institution accredited by the
Council on Social Work Education;
(B) is licensed under this article; and
(C) has at least five (5) years of experience as a social worker.
(3) One (1) social services director of a hospital with a social
work degree who has at least three (3) years of experience in a
hospital setting.
(4) Two (2) mental health counselors who:
(A) have at least a master's degree in mental health counseling;
(B) are licensed under this article; and
(C) have at least five (5) years experience as a mental health
counselor.
(5) Two (2) consumers who have never been credentialed under
this article.
(6) One (1) physician licensed under IC 25-22.5 who has training
in psychiatric medicine.
(7) Two (2) licensed clinical addiction counselors who:
(A) are licensed under IC 25-23.6-10.5; and
(B) have at least five (5) years experience in clinical
addiction counseling.
(b) Not more than five (5) six (6) members of the board may be
from the same political party.
SOURCE: IC 25-23.6-2-8; (09)CC009603.1.24. -->
SECTION 24. IC 25-23.6-2-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. (a) The board shall
adopt rules under IC 4-22-2 establishing standards for the following:
(1) The competent practice of marriage and family therapy, social
work, clinical social work, and mental health counseling,
addiction counseling, and clinical addiction counseling.
(2) The renewal of licenses issued under this article.
(3) Standards for the administration of this article.
(4) Continuing education requirements for an individual seeking
renewal of licensure as a social worker, clinical social worker, or
marriage and family therapist.
(5) The retention of patient records and reports by a counselor.
(6) The approval of continuing education providers, programs,
courses, fees, and proof of course completion.
(b) The board shall establish fees under IC 25-1-8-2.
(c) The board shall do the following:
(1) Consider the qualifications of individuals who apply for a
license under this article.
(2) Provide for examinations required under this article.
(3) Subject to IC 25-1-8-6, renew licenses under this article.
(4) Conduct proceedings under IC 25-1-9.
SOURCE: IC 25-23.6-2-9.5; (09)CC009603.1.25. -->
SECTION 25. IC 25-23.6-2-9.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 9.5. (a) The addiction counselor
section of the board is established. The section consists of the
following:
(1) Two (2) licensed clinical addiction counselor members of
the board.
(2) Two (2) consumer members of the board.
(3) One (1) physician member of the board.
(b) Three (3) members of the addiction counselor section, two
(2) of whom must be addiction counselors, constitute a quorum.
SOURCE: IC 25-23.6-2-11; (09)CC009603.1.26. -->
SECTION 26. IC 25-23.6-2-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 11. The social worker,
marriage and family therapist, and mental health counselor, and
addiction counselor sections of the board shall do the following:
(1) Approve continuing education courses authorized under this
article.
(2) Propose rules to the board concerning the practice of the
profession regulated by each section.
(3) Other duties as directed by the board.
SOURCE: IC 25-23.6-4-2; (09)CC009603.1.27. -->
SECTION 27. IC 25-23.6-4-2, AS AMENDED BY P.L.2-2007,
SECTION 331, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 2. (a) This article may not be
construed to limit the social work or clinical social work services
performed by a person who does not use a title specified in this article
and who is one (1) of the following:
(1) A licensed or certified health care professional acting within
the scope of the person's license or certificate.
(2) A student, an intern, or a trainee pursuing a course of study in
medicine, psychology, or a course of study to gain licensure under
this article in an accredited eligible postsecondary educational
institution or training institution accredited by the Council on
Social Work Education, or a graduate accumulating experience
required for licensure if:
(A) the services are performed under qualified supervision and
constitute a part of the person's supervised course of study or
other level of supervision; and
(B) the student or graduate uses a title that contains the term
"intern", "student", or "trainee".
(3) Not a resident of Indiana if the person performed social work
in Indiana for not more than five (5) days in any one (1) month or
more than fifteen (15) days in any one (1) calendar year and the
person is authorized to perform such services under the laws of
the state or country in which the person resides.
(4) A rabbi, priest, Christian Science practitioner, minister, or
other member of the clergy.
(5) An employee or a volunteer for an organization performing
charitable, religious, or educational functions, providing pastoral
counseling, or other assistance.
(6) A person who provides school counseling. or a person who is
certified by a state or national organization that is recognized by
the Indiana division of mental health and addiction and who
provides counseling in the areas of alcohol or drug abuse
addictions.
(7) A governmental employee who remains in the same job
classification or job family of that job classification.
(b) Nothing in this section prohibits a person referred to in
subsection (a) from qualifying for licensure under this article.
SOURCE: IC 25-23.6-10.1; (09)CC009603.1.28. -->
SECTION 28. IC 25-23.6-10.1 IS ADDED TO THE INDIANA
CODE AS A
NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]:
Chapter 10.1. Addiction Counselors and Therapists; Unlawful
Practices; Penalty
Sec. 1. (a) Beginning July 1, 2010, an individual may not:
(1) profess to be a licensed addiction counselor or licensed
clinical addiction counselor;
(2) use the title:
(A) "licensed addiction counselor";
(B) "licensed clinical addiction counselor";
(C) "licensed clinical addiction therapist";
(D) "licensed addiction therapist";
(E) "addiction counselor";
(F) "addiction therapist";
(G) "clinical addiction counselor";
(H) "clinical addiction therapist";
(I) "substance abuse counselor";
(J) "substance abuse therapist";
(K) "clinical substance abuse counselor"; or
(L) "clinical substance abuse therapist";
(3) use any other title containing the words:
(A) "licensed addiction counselor";
(B) "licensed addiction therapist";
(C) "licensed clinical addiction counselor";
(D) "licensed clinical addiction therapist";
(E) "addiction counselor";
(F) "addiction therapist";
(G) "clinical addiction counselor";
(H) "clinical addiction therapist";
(I) "substance abuse counselor";
(J) "substance abuse therapist";
(K) "clinical substance abuse counselor"; or
(L) "clinical substance abuse therapist";
(4) use any other:
(A) words;
(B) letters;
(C) abbreviations; or
(D) insignia;
indicating or implying that the individual is a licensed
addiction counselor or licensed clinical addiction counselor;
or
(5) practice as an addiction counselor or clinical addiction
counselor for compensation;
unless the individual is licensed under this article.
(b) Subsection (a)(5) does not apply to a person who is described
in section 2(a) or 3 of this chapter.
(c) An individual who is exempt from licensing under section
2(a)(4) of this chapter may use the title "pastoral addiction
counselor" and may engage in the practice of addiction counseling
for compensation.
Sec. 2. (a) This article may not be construed to limit addiction
counselor or clinical addiction counselor services performed by a
person who does not use a title specified in this article and who is
any of the following:
(1) A licensed or certified health care professional acting
within the scope of the person's license or certificate,
including a:
(A) social worker licensed under this article;
(B) clinical social worker licensed under this article;
(C) marriage and family therapist licensed under this
article;
(D) mental health counselor licensed under this article;
(E) psychologist licensed under IC 25-33;
(F) physician licensed under IC 25-22.5; or
(G) nurse licensed under IC 25-23;
and who has training and experience in addiction counseling.
(2) A student, an intern, or a trainee pursuing a course of
study in medicine or psychology or a course of study to gain
licensure under this article:
(A) in an accredited eligible postsecondary educational
institution or training institution accredited by the Council
for Accreditation of Counseling and Related Educational
Programs;
(B) through a National Association of Alcohol and Drug
Abuse Counselors approved academic education provider;
or
(C) by a graduate accumulating experience required for
licensure if:
(i) the services are performed under qualified
supervision and constitute a part of the person's
supervised course of study or other level of supervision;
and
(ii) the student or graduate uses a title that contains the
term "intern", "student", or "trainee".
(3) A nonresident of Indiana if the person performs addiction
counseling or therapy in Indiana for not more than:
(A) five (5) days in any one (1) month; or
(B) fifteen (15) days in any one (1) calendar year;
and the person is authorized to perform such services under
the laws of the state or country in which the person resides.
(4) A rabbi, priest, Christian Science practitioner, minister, or
other member of the clergy.
(5) An employee or a volunteer for an organization
performing charitable, religious, or educational functions or
providing pastoral counseling or other assistance.
(6) A person who provides school counseling.
(7) A governmental employee who remains in the same job
classification or job family of that job classification.
(8) An employee of a court alcohol and drug program, a drug
court, or a reentry court certified by the Indiana Judicial
Center when performing assigned job duties.
(9) A probation officer when performing assigned job duties.
(b) This section does not prohibit a person referred to in
subsection (a) from qualifying for licensure under this article.
Sec. 3. A person who is not licensed under this article may
provide or ensure the provision of addiction counseling services in:
(1) a health facility licensed under IC 16-28;
(2) a hospital licensed under IC 16-21 or IC 12-25;
(3) a substance abuse facility certified by the division of
mental health and addiction as an addiction services regular
agency;
(4) a home health agency licensed under IC 16-27-1;
(5) a community health center;
(6) an institution operated by the department of correction; or
(7) a community mental health center under IC 12-21-2-3;
if the person has met all of the requirements established by a
credentialing agency approved by the department of mental health
and addiction, and the person does not profess to be a licensed
addiction therapist or a licensed addiction counselor under this
article.
Sec. 4. An individual who is licensed as an addiction counselor
or clinical addiction counselor must include the words "licensed
addiction counselor" or "licensed clinical addiction counselor" or
the letters "LAC" or "LCAC" on all promotional materials,
including:
(1) business cards;
(2) brochures;
(3) stationery:
(4) advertisements; and
(5) signs;
that name the individual.
Sec. 5. A licensed addiction counselor or licensed clinical
addiction counselor licensed under this article may provide factual
testimony but may not provide expert testimony.
Sec. 6. An individual who knowingly and intentionally violates
this chapter after July 1, 2010, commits a Class A misdemeanor.
SOURCE: IC 25-23.6-10.5; (09)CC009603.1.29. -->
SECTION 29. IC 25-23.6-10.5 IS ADDED TO THE INDIANA
CODE AS A
NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]:
Chapter 10.5. Addiction Counselors; Clinical Addiction
Counselors; Licensure; Examinations
Sec. 1. An individual who applies for a license as an addiction
counselor must meet the following requirements:
(1) Furnish satisfactory evidence to the board that the
individual has:
(A) received a baccalaureate or higher degree in addiction
counseling or in a related area as determined by the board
from:
(i) an eligible postsecondary educational institution that
meets the requirements under section 3(1) of this
chapter; or
(ii) a foreign school that has a program of study that
meets the requirements under section 3(2) or 3(3) of this
chapter;
(B) completed the educational requirements under section
5 of this chapter; and
(C) completed the experience requirements under section
7 of this chapter.
(2) Furnish satisfactory evidence to the board that the
individual does not have a:
(A) conviction for a crime of violence (as defined in
IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13); or
(B) conviction in the previous two (2) years that has a
direct bearing on the individual's ability to practice
competently.
(3) Furnish satisfactory evidence to the board that the
individual has not been the subject of a disciplinary action by
a licensing or certification agency of another state or
jurisdiction on the grounds that the individual was not able to
practice as an addiction counselor without endangering the
public.
(4) Pass an examination established by the board.
(5) Pay the fee established by the board.
Sec. 2. An individual who applies for a license as a clinical
addiction counselor must meet the following requirements:
(1) Furnish satisfactory evidence to the board that the
individual has:
(A) received a master's or doctor's degree in addiction
counseling, addiction therapy, or a related area as
determined by the board from an eligible postsecondary
educational institution that meets the requirements under
section 4(a)(1) of this chapter or from a foreign school that
has a program of study that meets the requirements under
section 4(a)(2) or 4(a)(3) of this chapter;
(B) completed the educational requirements under section
6 of this chapter; and
(C) completed the experience requirements under section
8 of this chapter.
(2) Furnish satisfactory evidence to the board that the
individual does not have a:
(A) conviction for a crime of violence (as defined in
IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13); or
(B) conviction in the previous two (2) years that has a
direct bearing on the individual's ability to practice
competently.
(3) Furnish satisfactory evidence to the board that the
individual has not been the subject of a disciplinary action by
a licensing or certification agency of another state or
jurisdiction on the grounds that the individual was not able to
practice as a clinical addiction counselor without endangering
the public.
(4) Pass an examination established by the board.
(5) Pay the fee established by the board.
Sec. 3. An applicant under section 1 of this chapter must have
a baccalaureate or higher degree in addiction counseling or in a
related area as determined by the board from an eligible
postsecondary educational institution that meets the following
requirements:
(1) If the institution is located in the United States or a
territory of the United States, at the time of the applicant's
graduation the institution was accredited by a regional
accrediting body recognized by the Commission on
Recognition of Postsecondary Accreditation.
(2) If the institution is located in Canada, at the time of the
applicant's graduation the institution was a member in good
standing with the Association of Universities and Colleges of
Canada.
(3) If the institution is located in a foreign country other than
Canada, at the time of the applicant's graduation the
institution:
(A) was recognized by the government of the country
where the school was located as a program to train in the
practice of addiction counseling; and
(B) maintained a standard of training substantially
equivalent to the standards of institutions accredited by a
regional accrediting body recognized by the Commission
on Recognition of Postsecondary Accreditation.
Sec. 4. (a) An applicant under section 2 of this chapter must
have a master's or doctor's degree in addiction counseling,
addiction therapy, or a related area as determined by the board
from an eligible postsecondary educational institution that meets
the following requirements:
(1) If the institution is located in the United States or a
territory of the United States, at the time of the applicant's
graduation the institution was accredited by a regional
accrediting body recognized by the Commission on
Recognition of Postsecondary Accreditation.
(2) If the institution is located in Canada, at the time of the
applicant's graduation the institution was a member in good
standing with the Association of Universities and Colleges of
Canada.
(3) If the institution is located in a foreign country other than
Canada, at the time of the applicant's graduation the
institution:
(A) was recognized by the government of the country
where the school was located as a program to train in the
practice of addiction counseling; and
(B) maintained a standard of training substantially
equivalent to the standards of institutions accredited by a
regional accrediting body recognized by the Commission
on Recognition of Postsecondary Accreditation.
(b) An applicant under section 2 of this chapter who has a
master's or doctor's degree from a program that did not emphasize
addiction counseling may complete the course work requirement
from an institution that is:
(1) accredited by the Council for Accreditation of Counseling
and Related Educational Programs;
(2) recognized by the National Association of Alcohol and
Drug Abuse Counselors;
(3) recognized by the International Certification and
Reciprocity Consortium;
(4) accredited by the Commission on Accreditation of
Marriage and Family Therapy Education;
(5) accredited by the American Psychological Association's
Commission on Accreditation; or
(6) accredited by the Council on Social Work Education.
Sec. 5. (a) An applicant under section 1 of this chapter must
complete the following educational requirements:
(1) Forty (40) semester hours or sixty (60) quarter hours of
course work from an eligible postsecondary educational
institution that includes the following content areas:
(A) Addictions theory.
( B) Psychoactive drugs.
(C) Addictions counseling skills.
(D) Theories of personality.
( E) Developmental psychology.
(F) Abnormal psychology.
(G) Treatment planning.
(H) Cultural competency.
(I) Ethics and professional development.
(J) Family education.
(K) Areas of content as approved by the board.
(2) At least one (1) supervised practicum, internship, or field
experience in an addiction counseling setting that requires the
applicant to provide at least three hundred fifty (350) hours
of addiction counseling services.
(b) The content areas under subsection (a)(1) may be combined
into any one (1) college level course if the applicant can prove that
the course work was devoted to each content area listed in
subsection (a)(1).
Sec. 6. (a) An applicant under section 2 of this chapter must
complete the following educational requirements:
(1) Twenty-seven (27) semester hours or forty-one (41)
quarter hours of graduate course work that must include
graduate level course credits with material in at least the
following content areas:
(A) Addiction counseling theories and techniques.
(B) Clinical problems.
(C) Psychopharmacology.
(D) Psychopathology.
(E) Clinical appraisal and assessment.
(F) Theory and practice of group addiction counseling.
(G) Counseling addicted family systems.
(H) Multicultural counseling.
(I) Research methods in addictions.
(J) Areas of content as approved by the board.
(2) At least one (1) graduate level course of two (2) semester
hours or three (3) quarter hours in the following areas:
(A) Legal, ethical, and professional standards issues in the
practice of addiction counseling and therapy or an
equivalent course approved by the board.
(B) Appraisal and assessment for individual or
interpersonal disorder or dysfunction.
(3) At least one (1) supervised clinical practicum, internship,
or field experience in an addiction counseling setting that
requires the applicant to provide seven hundred (700) hours
of clinical addiction counseling services and that must include
the following:
(A) Two hundred eighty (280) face to face client contact
hours of addiction counseling services under the
supervision of a licensed clinical addiction counselor who
has at least five (5) years of experience or a qualified
supervisor approved by the board.
(B) One hundred five (105) hours of supervision from a
licensed clinical addiction counselor who has at least five
(5) years experience as a qualified supervisor approved by
the board.
(4) Any qualifications established by the board under
subsection (c).
(b) The content areas under subsection (a)(1) may be combined
into any one (1) graduate level course if the applicant can prove
that the course work was devoted to each content area.
(c) The board shall adopt rules to establish any additional
educational or clinical qualifications as specified by the Council for
Accreditation of Counseling and Related Educational Programs or
a successor organization.
Sec. 7. (a) An applicant under section 1 of this chapter must
have at least two (2) years of addiction counseling experience that
must include at least one hundred fifty (150) hours under
supervision, one hundred (100) hours of which must be under
individual supervision and fifty (50) hours of which must be under
group supervision. The supervision required must be provided by
a qualified supervisor, as determined by the board.
(b) A doctoral internship may be applied toward the supervised
work experience requirement.
(c) Except as provided in subsection (d), the experience
requirement may be met by work performed at or away from the
premises of the qualified supervisor.
(d) The work requirement may not be performed away from the
qualified supervisor's premises if:
(1) the work is the independent private practice of addiction
counseling; and
(2) the work is not performed at a place that has the
supervision of a qualified supervisor.
Sec. 8. (a) An applicant under section 2 of this chapter must
have at least two (2) years of clinical addiction counseling
experience that must include at least two hundred (200) hours
under supervision, one hundred (100) hours of which must be
under individual supervision and one hundred (100) hours of which
must be under group supervision. The supervision required must
be provided by a qualified supervisor, as determined by the board.
(b) A doctoral internship may be applied toward the supervised
work experience requirement.
(c) Except as provided in subsection (d), the experience
requirement may be met by work performed at or away from the
premises of the qualified supervisor.
(d) The work requirement may not be performed away from the
qualified supervisor's premises if:
(1) the work is the independent private practice of addiction
therapy; and
(2) the work is not performed at a place that has the
supervision of a qualified supervisor.
Sec. 9. (a) An individual who satisfies the requirements of
sections 4, 6, and 8 of this chapter may take the licensed clinical
addiction counselor examination established by the board.
(b) An individual who satisfies the requirements of sections 3, 5,
and 7 of this chapter may take the licensed addiction counselor
examination established by the board.
Sec. 10. (a) The board may issue a temporary permit to allow an
individual to profess to be a licensed addiction counselor or
licensed clinical addiction counselor if the individual pays a fee
established by the board and the individual:
(1) has a valid license or certificate to practice from another
state and the individual has applied for a license from the
board;
(2) is practicing in a state that does not license addiction
counselors or therapists but is certified by a national
association approved by the board and the individual has
applied for a license from the board; or
(3) has been approved by the board to take the examination
and has graduated from a school or program approved by the
board and the individual has completed any experience
requirement.
(b) A temporary permit issued under this section expires the
earliest of:
(1) the date the individual holding the permit is issued a
license under this article;
(2) the date the board disapproves the individual's license
application; or
(3) one hundred eighty (180) days after the initial permit is
issued.
(c) The board may renew a temporary permit if the individual
holding the permit is scheduled to take the next examination and
the individual:
(1) does not take the examination; and
(2) shows good cause for not taking the examination.
(d) A permit renewed under subsection (c) expires on the date
the individual holding the permit receives the results from the next
examination given after the permit was issued.
Sec. 11. (a) An individual who applies for an addiction counselor
license under this article may be exempted by the board from the
examination requirement under section 1 of this chapter if the
individual:
(1) is licensed or certified as an addiction counselor in another
state and has passed a licensing examination substantially
equivalent to the licensing examination required under this
article;
(2) has engaged in the practice of addiction counseling for at
least three (3) of the previous five (5) years;
(3) has passed an examination pertaining to the addiction
counseling laws and rules of Indiana; and
(4) has not committed any act and is not under investigation
for any act that constitutes a violation of this article;
and is otherwise qualified under sections 1, 3, 5, and 7 of this
chapter.
(b) An individual who applies for a clinical addiction counselor
license under this article may be exempted by the board from the
examination requirement under section 2 of this chapter if the
individual:
(1) is licensed or certified as a clinical addiction counselor in
another state and has passed a licensing examination
substantially equivalent to the licensing examination required
under this article;
(2) has passed an examination pertaining to the addiction
therapy laws and rules of Indiana; and
(3) has not committed any act and is not under investigation
for any act that constitutes a violation of this article;
and is otherwise qualified under sections 2, 4, 6, and 8 of this
chapter.
Sec. 12. (a) A license issued by the board under this chapter is
valid for the remainder of the renewal period in effect on the date
the license was issued.
(b) An individual may renew a license by paying a renewal fee
on or before the expiration date of the license.
(c) If an individual fails to pay a renewal fee on or before the
expiration date of a license, the license becomes invalid.
Sec. 13. (a) The board may reinstate an invalid license up to
three (3) years after the expiration date of the license if the
individual holding the invalid license meets the requirements under
IC 25-1-8-6.
(b) If more than three (3) years have elapsed since the date a
license expired, the individual holding the license may renew the
license by satisfying the requirements for renewal established by
the board and meeting the requirements of IC 25-1-8-6.
Sec. 14. (a) An individual who is licensed under this article shall
notify the board in writing when the individual retires from
practice.
(b) Upon receipt of the notice, the board shall:
(1) record the fact the individual is retired; and
(2) release the individual from further payment of renewal
fees.
Sec. 15. (a) The board shall exempt an individual from the
requirements set forth in this article and grant the individual a
clinical addiction counselor license if the individual meets the
following requirements:
(1) Holds, before July 1, 2011, a master's or doctor's degree in
a human services or behavioral science discipline from an
eligible postsecondary educational institution.
(2) Holds a valid:
(A) level II or higher certification or the equivalent
certification from a credentialing agency approved by the
division of mental health and addiction; or
(B) certification as an addiction counselor or addiction
therapist from a credentialing agency that is approved by
the board.
(3) Furnishes satisfactory evidence to the board that the
individual does not have a:
(A) conviction for a crime of violence (as defined in
IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13)); or
(B) conviction in the previous two (2) years that has a
direct bearing on the individual's ability to practice
competently.
(4) Files an initial application to the board before July 1, 2011.
(b) The board shall exempt an individual from the requirements
set forth in this article and grant the individual a clinical addiction
counselor license if the individual meets the following
requirements:
(1) Holds, before July 1, 2011, a master's or doctor's degree in
a human services or behavioral science discipline from an
eligible postsecondary educational institution.
(2) Has at least five (5) years of clinical addiction counseling
experience.
(3) Furnishes satisfactory evidence to the board that the
individual does not have a:
(A) conviction for a crime of violence (as defined in
IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13)); or
(B) conviction in the previous two (2) years that has a
direct bearing on the individual's ability to practice
competently.
(4) Holds a license in good standing as a:
(A) clinical social worker under IC 25-23.6-5-2;
(B) marriage and family therapist under IC 25-23.6-8-1;
(C) mental health counselor under IC 25-23.6-8.5-1; or
(D) psychologist under IC 25-33-1-5.1.
(5) Files an initial application with the board before July 1,
2011.
(c) The board shall exempt an individual from the requirements
set forth in this article and grant the individual an addiction
counselor license if the individual meets the following
requirements:
(1) Holds a valid:
(A) level II or higher certification or the equivalent
certification from a credentialing agency approved by the
division of mental health and addiction; or
(B) certification as an addiction counselor or addiction
therapist from a credentialing agency that is approved by
the board.
(2) Has at least ten (10) years of addiction counseling
experience.
(3) Furnishes satisfactory evidence to the board that the
individual does not have a:
(A) conviction for a crime of violence (as defined in
IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13)); or
(B) conviction in the previous two (2) years that has a
direct bearing on the individual's ability to practice
competently.
(4) Files an initial application with the board before July 1,
2011.
(d) The board shall exempt an individual from the requirements
set forth in this article and grant the individual an addiction
counselor license if the individual meets the following
requirements:
(1) Has at least three (3) years of addiction counseling
experience.
(2) Furnishes satisfactory evidence to the board that the
individual does not have a:
(A) conviction for a crime of violence (as defined in
IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13)); or
(B) conviction in the previous two (2) years that has a
direct bearing on the individual's ability to practice
competently.
(3) Holds a license in good standing as a:
(A) social worker under IC 25-23.6-5-1;
(B) clinical social worker under IC 25-23.6-5-2;
(C) marriage and family therapist under IC 25-23.6-8-1;
(D) mental health counselor under IC 25-23.6-8.5-1; or
(E) psychologist under IC 25-33-1-5.1.
(4) Files an initial application with the board before July 1,
2011.
(e) The board may exempt an individual from the requirements
set forth in this article and grant the individual a clinical addiction
counselor license if the individual meets the following
requirements:
(1) Holds, before July 1, 2011, a bachelor's degree in a human
services or behavioral science discipline from an eligible
postsecondary educational institution.
(2) Holds the following:
(A) A Level IV certification from the Indiana Counselors
Association on Alcohol and Drug Abuse.
(B) Certification at the Internationally Certified Advanced
Alcohol and Other Drug Abuse Counselor level from the
International Certification and Reciprocity Consortium.
(C) The level of certification from the National Association
of Alcohol and Drug Abuse Counselors that the board
determines is similar to the Level IV certification from the
Indiana Counselors Association on Alcohol and Drug
Abuse.
(3) Furnishes satisfactory evidence to the board that the
individual does not have a:
(A) conviction for a crime of violence (as defined in
IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13)); or
(B) conviction in the previous two (2) years that has a
direct bearing on the individual's ability to practice
competently.
(4) Has at least twenty (20) years of clinical addiction
counseling experience.
(5) Files an initial application to the board before July 1, 2011.
(f) This section expires July 1, 2011.
SOURCE: IC 31-32-11-1; (09)CC009603.1.30. -->
SECTION 30. IC 31-32-11-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. The privileged
communication between:
(1) a husband and wife;
(2) a health care provider and the health care provider's patient;
(3) a:
(A) certified licensed social worker;
(B) certified licensed clinical social worker; or
(C) certified licensed marriage and family therapist;
(D) licensed mental health counselor;
(E) licensed addiction counselor; or
(F) licensed clinical addiction counselor;
and a client of any of the professionals described in clauses (A)
through (C); (F);
(4) a school counselor and a student; or
(5) a school psychologist and a student;
is not a ground for excluding evidence in any judicial proceeding
resulting from a report of a child who may be a victim of child abuse
or neglect or relating to the subject matter of the report or failing to
report as required by IC 31-33.
SOURCE: ; (09)CC009603.1.31. -->
SECTION 31. [EFFECTIVE JULY 1, 2009]
(a) The definitions in
IC 25-23.6-1, as amended by this act, apply throughout this
SECTION.
(b) Notwithstanding IC 25-23.6-2-2(a)(7), as amended by this
act, before July 1, 2010, a clinical addiction counselor member of
the board is not required to be licensed under IC 25-23.6.
(c) Notwithstanding IC 25-23.6-2-2(a), as amended by this act,
the two (2) members initially appointed to the board under
IC 25-23.6-2-2(a)(7), as amended by this act, shall be appointed to
terms beginning July 1, 2009, as follows:
(1) One (1) licensed clinical addiction counselor shall be
appointed to a term of two (2) years by the governor from
among individuals recommended by the president pro
tempore of the senate.
(2) One (1) licensed clinical addiction counselor shall be
appointed to a term of three (3) years by the governor from
among individuals recommended by the speaker of the house
of representatives.
(d) Notwithstanding IC 25-23.6-2-2(b), as amended by this act,
a member of the board may continue to serve until the member's
term expires.
(e) This SECTION expires July 2, 2013.
(Reference is to ESB 96 as reprinted April 15, 2009.)
Conference Committee Report
on
Engrossed Senate Bill 96
Text Box
S
igned by:
____________________________ ____________________________
Senator Lawson CRepresentative Brown C
Chairperson
____________________________ ____________________________
Senator SimpsonRepresentative Noe
Senate Conferees House Conferees