Brief (1)
SB 398 would create a series of new statutes that are to be known as the Addictions Counselor Licensure Act pursuant to which it would be unlawful for persons to engage in alcohol or drug counseling for compensation unless licensed by the Behavioral Sciences Regulatory Board as an addictions counselor I or II or addiction counselor technician. Persons who currently practice under the substance abuse and recovery regulations promulgated by Social and Rehabilitation Services would be allowed to provide education, monitoring, support, supervision, or activities and transportation services under the supervision of a licensed addictions counselor I or II.
The bill defines terms that are used in the proposed new act. Pursuant to the definitions, a licensed addictions counselor technician could engage in the practice of addiction counseling for compensation only under the supervision of a licensed addictions counselor II, a person licensed to practice medicine and surgery, or a person licensed by the Behavioral Sciences Regulatory Board to engage in the diagnosis and treatment of mental disorders in independent practice. The technician would not be able to evaluate or diagnose addictions disorders. An addictions counselor I could evaluate, diagnose, and plan treatment only under the direction of a licensed addictions counselor II, person licensed to practice medicine and surgery, or a person licensed by the Board who is authorized to diagnose and treat mental disorders in private practice. An addictions counselor II could evaluate, diagnose, and plan treatment for persons with addictions disorders. The addictions counselor II would be authorized to engage in independent practice for compensation.
The bill sets out the requirements to be met by applicants for a license as well as the procedures applicable to licensing. An addictions counselor technician would be required to have completed 500 hours of supervised professional experience, to have completed 18 academic credit hours of core work functions determined by the Behavioral Sciences Regulatory Board, and to satisfy the Board that he or she merits the public trust. To qualify for licensure as an addictions counselor I an individual would be required to have passed an examination approved by the Board, be licensed or be qualified to be licensed as an addictions counselor technician, and to have completed 1000 hours of supervised professional experience. On or after July 1, 2003, an applicant for a license as an addictions counselor I would be required to have a baccalaureate degree from an accredited college or university approved by the Board which must include 21 credit hours of addictions-related course work in addition to18 credit hours in core work functions in identifiable study areas set out in the bill or to have completed such course work in addition to the hours required for the degree, and to have completed 500 hours of supervised professional experience following completion of the degree. An applicant for a license as an addictions counselor II must have passed an examination, be licensed or qualified to be licensed as an addictions counselor I, and have completed 2,000 hours of supervised professional experience. On or after July 1, 2005, the requirements to be met to qualify for a license as an addictions counselor II include a masters degree from an accredited college or university approved by the Board, which includes 21 hours of graduate study addictions-related course work, and completion of 1,000 hours of supervised professional experience following the completion of the educational requirement.
Pursuant to the provisions of SB 398, on or before June 30, 2003, a person who does not meet the education and training requirements to be licensed as an addictions counselor I may be licensed by verifying that he or she was registered or qualified to be registered as an alcohol and other drug abuse counselor prior to the effective date of SB 398 or has a minimum of two years of professional experience certified by the Department of Social and Rehabilitation Services or equivalent experience approved by the Board, and has passed either a national examination or has been so recognized through a prior certification process acceptable to the Board. On or before June 30, 2005, an individual who does not meet the requirements to be licensed as an addictions counselor II may be licensed by verifying that he or she was registered or qualified to be registered as an alcoholism and other drug abuse counselor prior to the effective date of SB 398, or had a minimum of five years of professional experience certified by the Department of Social and Rehabilitation Services or equivalent experience acceptable to the Board, and had passed a national examination or had been recognized through a prior certification process acceptable to the Board.
SB 398 sets out the procedure to be followed in issuing licenses; provides for reciprocal licensing; provides for relicensure every 24 months; sets out authorized fees and fee maximums; establishes grounds for the denial, suspension, revocation, limitation, conditioning, or restriction of licenses; sets out exceptions to the licensing act which establish persons who are not acting in violation of the licensing requirements; establishes a client privilege regarding confidential communications; and authorizes the Board to issue temporary licenses. The bill requires licensed addictions counselors, at the beginning of the client-counselor relationship, to inform the client of the level of the counselor's training and education and whether the licensee is authorized to practice medicine and surgery and prescribe drugs.
SB 398 amends one of the statutes that sets out the powers and duties of the Behavioral Sciences Regulatory Board and repeals the act that now provides for the registration of alcohol and other drug abuse counselors by the Behavioral Sciences Regulatory Board.
Background
The initial recommendation for licensing of alcohol and drug abuse counselors came from the Task Force on Providers of Mental Health Services and was introduced by a member of the Task Force. In Committee hearings it was supported by the Kansas Alcohol and Drug Addictions Counselors Association and a member of the Kansas Marriage and Family Therapist Association who as an individual had worked with the Behavioral Sciences Regulatory Board on the issue. A representative of the Board appeared to give information and to respond to questions. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html