Proposed Legislation for Licensed Alcohol & Drug Counselors

Transcription

1 The following document is a draft of proposed legislation for the creation of a license for alcohol & drug counselors in West Virginia which was drafted by the WV Certification Board of Addiction (WVCBAPP)& Prevention Professionals in partnership with the West Virginia Association of Alcoholism & Drug Abuse Counselors Inc. (WVAADC) Proposed Legislation for Licensed Alcohol & Drug Counselors 2013 WVCBAPP & WVAADC

2 CHAPTER 30. PROFESSIONS AND OCCUPATIONS. ARTICLE XX. CERTIFIED ALCOHOL & DRUG COUNSELORS, CERTIFIED ADVANCED ALCOHOL & DRUG COUNSELORS, LICENSED ALCOHOL & DRUG COUNSELORS Table of Contents Legislative findings and declaration of public policy... 1 Definitions... 1 Creation of board of examiners of certified or licensed alcohol & drug counselors; members, terms, meetings, officers, oath, and compensation; general provisions... 3 Powers and duties of board; funds of Board... 4 Licensure requirements... 5 Qualifications for licensure... 5 Application for licensure and fees... 6 Endorsement for licensure as a licensed advanced alcohol & drug counselor and licensed advanced alcohol & drug clinical supervisor... 7 Issuance and renewal of license... 7 Temporary permits... 8 Privilege exemptions... 8 Grounds for denial, suspension, revocation or violation procedures for discipline, complaints and severability... 9 Complaints Disciplinary process Disciplinary sanctions Rules governing practice and procedures Severability References i

3 CHAPTER 30. PROFESSIONS AND OCCUPATIONS. ARTICLE. CERTIFIED ALCOHOL & DRUG COUNSELORS, CERTIFIED ADVANCED ALCOHOL & DRUG COUNSELORS, LICENSED ALCOHOL & DRUG COUNSELORS X. Legislative findings and declaration of public policy. The Legislature of the state of West Virginia hereby determines and finds that in the public interest persons should not engage in the practice of alcohol & drug counseling in this state without the requisite experience and training and without adequate regulation and control; and that there is presently no adequate means to protect the interests of the citizens of this state from the unauthorized, unqualified and unregulated practice of alcohol & drug counseling. It is therefore declared to be the public policy of this state that the practice of alcohol & drug counseling affects the general welfare and public interest of the state and its citizens; that persons without the necessary qualifications, training and education, and persons not of good character should not engage in the practice of alcohol & drug counseling; and that the evils of such unauthorized and unqualified practice may be best prevented and the interest of the public best served by regulating and controlling such practice as provided in this article X. Definitions. Unless the context in which used clearly requires a different meaning, as used in this article: Wherever used in these rules and regulations, the following terms shall be construed as follows: 1.1 AADC means Advanced Alcohol & Drug Counselor professional certification as per the West Virginia Certification Board of Addiction Prevention Professionals requirements. 1.2 Act means Chapter 30- article xx of the West Virginia General Laws, as amended, entitled West Virginia Licensed Alcohol & Drug Counselors Professionals Act. 1.3 ADC means Alcohol& Drug Counselor professional certification as per the West Virginia Certification Board of Addiction Prevention Professionals requirements. 1.4 ADC-S means Alcohol & Drug Clinical Supervisor certification as per the West Virginia Certification Board of Addiction Prevention Professionals requirements. 1.5 Advertise includes, but is not limited to, the issuing or causing to be distributed any card, sign, or device to any person; or the causing, permitting, or allowing any sign or marking on or in any building or structure, or in any newspaper or magazine or in any directory, or on radio, television, electronic/digital media or by the use of any other means designed to secure public attention. 1.6 Alcohol & Drug Counseling means rendering or offering to render professional service for fee, monetary or otherwise, documented to individuals, families or groups. Those professional services include the application of the IC&RC/AODA specific knowledge, skills, counseling theory and application of techniques to define goals and develop a treatment plan of action aimed toward the prevention, education or treatment in the recovery process of substance use within the continuum of care service network. The practice further includes, but is not limited to, networking and making

4 referrals to medical, social services, psychological, psychiatric, and/or legal resources when so indicated. 1.7 Applicant means any person making application for an original or renewal license or temporary permit under the provisions of this article. 1.8 Approved continuing education means research and training programs, college and university courses, in-service training programs, seminars, and conferences designed to maintain and enhance the skills of substance abuse counselors or clinical supervisors and which are recognized by the IC&RC/AODA member board. 1.9 Board means the West Virginia Licensing and Certification Board of Addiction and Prevention Professionals. Are we proposing one combined board or two boards? 1.10 CCS means Clinically Certified Supervisor as per the West Virginia Certification Board of Addiction & Prevention Professionals requirements 1.11 Certified means holding a certificate from the WV Certification Board of Addiction & Prevention Professionals specifically ADC, AADC & CCS 1.12 Clergy includes any minister, priest, rabbi, Christian Science practitioner, or any other similar religious counselor Continuum of care network means public and private substance abuse care agencies such as detoxification centers, emergency rooms, hospitals, treatment centers, outpatient and day treatment clinics and community residences for substance abusers. This service employed or refers to medical, psychological, health, and counseling professions that treat substance abuse and related concerns DHHR means the West Virginia Department of Health and Human Services Director means the Director of the West Virginia Department of Health and Human Services Documented professional work experience means the IC&RC/AODA member board approved form completed by employer or approved supervisor verifying dates of employment and responsibilities Examination means the appropriate level of licensing or certification examination in alcohol & drug counseling required by IC&RC/AODA 1.18 Experience means two thousand (2000) hours of supervised practice of chemical dependency counseling in a Department of Mental Health, Retardation, and Hospitals licensed or IC&RC /AODA member board approved facility during a sixty (60) month period of time immediately preceding the date of application for licensure IC&RC/AODA means International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse Licensee means any person holding a license or temporary permit issued under the provisions of this article Licensed Clinical Supervisor means an individual who is certified by WVCBAPP as a CCS 1.22 Member Board means the West Virginia Certification Board of Addiction and Prevention Professionals as they are members of IC&RC/AODA Recognized Education Institution means any educational institution which grants an associate, bachelor, masters, or doctoral degree and which is recognized by the Board, or by a nationally or regionally recognized educational or professional accrediting organization.

5 1.24 Substance abuse means addictive (Chronic or habitual) consumption, ingestion, injection, inhalation or behavior of/with substance (such as alcohol, and other drugs), progressively injuring and inflicting the user s psychological, physical, social, economic, judicial, and/or spiritual functioning Supervision means no less than (1) one hour per week and shall consist of individual or group supervision with a clinician licensed or certified in substance abuse counseling with education, supervisory experience, and ethics approved by the IC&RC/AODA member The Practice of substance abuse counseling means rendering or offering to render professional service for fee, monetary or otherwise, documented to individuals, families or groups. Those professional services include the application of the IC&RC/AODA specific knowledge, skills, counseling theory and application of techniques to define goals and develop a treatment plan of action aimed toward the prevention, education or treatment in the recovery process of substance use within the continuum of care service network. The practice further includes, but is not limited to, networking and making referrals to medical, social services, psychological, psychiatric, and/or legal resources when so indicated. This is considered the same as alcohol & drug counseling, chemical dependency counseling, etc Creation of board of examiners of certified or licensed alcohol & drug counselors; members, terms, meetings, officers, oath and compensation; general provisions. (a) There is hereby created the state board of examiners of certified or licensed alcohol & drug counselors which shall be composed of nine members appointed by the governor by and with the advice and consent of the Senate. Each member shall have been actively engaged in the practice of alcohol & drug counseling or in the teaching of alcohol & drug counseling in the state of West Virginia for at least two years immediately preceding his appointment and shall be the holder of a license under the provisions of this article, or, in the case of the members first appointed, shall be eligible for such a license. (b) The members of the board shall be appointed for overlapping terms of three years each and until their respective successors have been appointed and have qualified, except for the original appointments. For the purpose of original appointments, two members shall be appointed for a term of three years and until their successors have been appointed and have qualified, two members shall be appointed for a term of two years and until their successors have been appointed and have qualified and one member shall be appointed for a term of one year and until his successor has been appointed and has qualified. Members may only serve two consecutive terms (then sit out one 2 year cycle before being re-appointed). Before entering upon the performance of his duties, each member shall take and subscribe to the oath required by section five, article four of the constitution of this state. Vacancies shall be filled by appointment by the governor for the unexpired term of the member whose office shall be vacant and such appointment shall be made within sixty days of the occurrence of such vacancy. Any member may be removed by the governor in case of incompetency, neglect of duty, gross immorality or malfeasance in office. (c) The board shall elect from its membership a chairperson and secretary who shall serve at the will and pleasure of the board. A majority of the members of the board shall constitute a quorum and meetings shall be held at the call of the chairperson or upon the

6 written request of three members at such time and place as designated in such call or request, and, in any event, the board shall meet at least once annually to conduct the examination hereinafter provided for and to transact such other business as may come before it. Members may be paid such reasonable compensation as the board may from time to time determine, and in addition may be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their duties, which compensation and expenses shall be paid in accordance with the provisions of subsection (b), section six of this article Powers and duties of Board; funds of Board. (a) The board shall: a. Examine applicants and determine their eligibility for a certificate, license or temporary permit to engage in the practice of alcohol & drug counseling; b. Prepare, conduct and grade an apt and proper written examination of applicants for a license and determine the satisfactory passing score thereon; c. Promulgate reasonable rules and regulations implementing the provisions of this article and the powers and duties conferred upon the board hereby, including, but not limited to, reasonable rules and regulations establishing standards to insure the proper supervision of all persons working under the direct and regular supervision of a licensee under the provisions of this article, all of which reasonable rules and regulations shall be promulgated in accordance with the provisions of article three, chapter twenty- nine-a of this code, set reasonable fees and record them in legislative rules, Title 17, Series 1. d. Issue, renew, deny, suspend or revoke licenses and temporary permits to engage in the practice of alcohol & drug counseling in accordance with the provisions of this article and, in accordance with the administrative procedures hereinafter provided, may review, affirm, reverse, vacate or modify its order with respect to any such denial, suspension or revocation; e. Investigate alleged violations of the provisions of this article, reasonable rules and regulations promulgated hereunder and orders and final decisions of the board and take appropriate disciplinary action against any licensee for the violation thereof or institute appropriate legal action for the enforcement of the provisions of this article, reasonable rules and regulations promulgated hereunder and orders and final decisions of the board or take such disciplinary action and institute such legal action; f. Employ, direct, discharge and define the duties of full or part-time professional, clerical or other personnel necessary to effectuate the provisions of this article; g. Keep accurate and complete records of its proceedings, certify the same as may be appropriate, and prepare, from time to time, a list showing the names and addresses of all licensees; h. The Board may propose rules for legislative approval in accordance with the provisions of article three (3), Chapter Twenty-Nine-a (29-a) of this code to provide for:

7 i. Licensure requirements, including requirements for applications, examinations, reciprocity, temporary permits and reinstatement; ii. Fees for licensure, renewals of licenses and other services provided by the Board; iii. Experience, education and continuing education requirements and approval of courses; and iv. Any other purpose to carry out the requirements of this article i. Whenever it deems it appropriate, confer with the attorney general or his assistants in connection with all legal matters and questions; and j. Take such other action as may be reasonably necessary or appropriate to effectuate the provisions of this article. k. All moneys paid to the board shall be accepted by a person designated by the board and deposited by him/her with the treasurer of the state and credited to an account to be known as the "West Virginia certification & licensing board of addiction & prevention professionals board fund." All of the reasonable compensation of the members of the board, the reimbursement of all reasonable and necessary expenses actually incurred by such members and all other costs and expenses incurred by the board in the administration of this article shall be paid from such fund, and no part of the state's general revenue fund shall be expended for this purpose. l. Any rules in effect as of the passage of this article will remain in effect until amended, modified, repealed or replaced x. Licensure requirements (a) Any individual licensed under the provisions of this Act and the rules and regulations herein may use the title licensed advanced alcohol & drug counselor and the abbreviation LAADC or the title licensed advanced alcohol & drug clinical supervisor and the abbreviation LAADC-S provided that the title and the abbreviation correspond to the license held pursuant to the Act. (b) No individual shall represent himself or herself as a licensed advanced alcohol & drug counselor, LAADC, licensed advanced alcohol & drug clinical supervisor, LAADC- S, unless s/he is licensed as a licensed advanced alcohol & drug counselor, LAADC, licensed advanced alcohol & drug clinical supervisor, LAADC-S, pursuant to the Act and provided that the title and abbreviation correspond to the licensed help pursuant to the Act x. Qualifications for licensure (a) The Board shall issue the appropriate license to applicants who meet the qualifications for the license as specified. a. Licensed advanced alcohol & drug counselor: Any individual desiring to obtain a license as a licensed advanced alcohol & drug counselor shall be currently certified as an advanced alcohol & drug counselor or alcohol & drug counselor in accord with the IC&RC/AODA member board standards, as a prerequisite for submitting the application to the licensing board.

8 b. Licensed advanced alcohol & drug clinical supervisor: Any individual desiring to obtain a license as a licensed advanced alcohol & drug clinical supervisor shall be currently certified as an advanced alcohol & drug clinical supervisor in accord with the IC&RC/AODA member board standards, as a prerequisite for submitting the application to the licensing board. c. Other: An applicant having comparable license, certification, or reciprocity within West Virginia or from another state or territory of the United States that imposes qualifications subsequently similar to those of the Act, as determined by the licensing Board. (b) In addition to the requirements of section 30-xx-01 (above), an applicant for any of the above titles must prove to the licensing Board s satisfaction: a. Be at least eighteen (18) years of age; b. Be of good moral character which is a continuing requirement for licensure; c. United States citizenship or status as a legal resident alien; d. Absence of a sanction from the National Association of Alcohol and Drug Abuse Counselors or the IC&RC/AODA member board sanction for violation of the Code of Ethics or related state board which will be waived by the Board upon presentation of satisfactory evidence that such sanction does not imnpair the ability of the person to conduct with safety to the public the practice authorized by this license. The applicant shall bear the burden of proving that his/her sanction does not impair his/her ability to conduct with safety to the public the practice authorized by this license. e. Absence of conviction of a felony, which shall be waived by the Board upon presentation of satisfactory evidence that such conviction does not impair the ability of the person to conduct with safety to the public the practice authorized by this license. The applicant shall bear the burden of proving that his/her conviction does not impair his/her ability to conduct with safety to the public the practice authorized by this license; f. That the applicant has not been declared mentally incompetent by any court, and if such decree has ever been rendered, that there has been a subsequent court determination that the applicant is competent; and g. Freedom from use of any controlled substance or any alcoholic beverages to the extent that the use impairs the ability of the person to conduct with safety to the public the practice authorized by this license. The applicant shall bear the burden of proving that s/he is free from the use of any controlled substance or any alcoholic beverages which impair his/her ability to conduct with safety to the public the practice authorized by this license. 30-xx-x. Application for licensure and fees (a) Application for license to practice as a licensed advanced alcohol & drug counselor or licensed advanced alcohol & drug clinical supervisor shall be made on forms provided by the Board, which shall be completed, notarized and submitted to the Board thirty (30) days prior to the scheduled date of the Board meeting at which they are to be reviewed. (b) Such application shall be accompanied by the following: a. For U.S. born applicants: a certified copy of birth certificate;

9 For non-u.s. born applicants: documented evidence of lawful entry into the United States. b. Meet the educational criteria set out by the WVCBAPP according to IC&RC/AODA standards. Degree must be from an accredited institution of higher learning, with adequate course study as such institution in alcohol & drug counseling, the adequacy of any such study to be determined by the Board; c. Verification of current certification at the appropriate level from the IC&RC/AODA member board; d. A non-refundable, non-returnable application fee of One Hundred dollars ($100.00) made payable by check or money order to the General Treasurer, State of West Virginia; e. Certified statement that the applicant is free of sanctions, felony convictions, mentally incompetent decrees and/or the use of any controlled substance or any alcoholic beverage to the extent that the use impairs the ability of the person to conduct with safety to the public the practice authorized by this license, in accordance with sanctions, 30-xx-xx herein. 30-xx-x. Endorsement for licensure as a licensed advanced alcohol & drug counselor and licensed advanced alcohol & drug clinical supervisor (a) Endorsement without examination (is this the same as reciprocity??) a. If applicable, a statement from the certification board in each state in which the applicant has held or holds licensure to be submitted to the West Virginia IC&RC/AODA member board, attesting to the licensure status of the applicant during the time period the applicant held licensure in said state; b. A statement from the licensing/certification board in the jurisdiction upon which endorsement is to based setting forth the requirements for licensure/certification in that jurisdiction. Said requirements shall be substantially similar to those in place in West Virginia at the time of the application. This determination shall be made by the licensing board. 30-xx-x. Issuance and renewal of license (a) The Board, on recommendation of the West Virginia Certification Board of Addiction and Prevention Professionals (WVCBAPP) shall issues licenses to those qualified under the Act. Said license, unless sooner suspended or revoked, shall expire on the first day of October of each even-numbered year following the date of issuance of the original date. (b) The license shall be valid for a period of two years (c) On or before the first day of August of each even-numbered year, the Board shall make an application available for renewal of license to every person to whom a license has been issued or renewed during the current licensure period. Every person so licensed who desires to renew his/her license shall file with the Board such renewal application, duly executed, together with a non-refundable fee of One Hundred and Fifty Dollars ($150.00) payable to the Board on or before the fifteenth (15 th ) day of September of each year prior to the expiration of the first (1 st ) day of October.

10 (d) Applicants for licensure renewal shall submit evidence of current certification by the West Virginia Certification Board of Addiction Prevention Professionals (WVCBAPP) of Alcohol & Drug Counseling (ADC) Advanced Alcohol & Drug Clinical Supervisor (ADC-S) and the continuing education requirements necessary to maintain said certification(s) Temporary permits (a) Upon proper application, the board may issue, without examination, a temporary permit to engage in the practice of alcohol & drug counseling in this state: a. Pending examination, to an applicant who meets the qualifications of subdivisions (1), (2), (3), (4), (6) and (7), subsection (a), section seven of this article, which temporary permit shall expire thirty days after the board gives written notice of the results of the examination held next following the issuance of such temporary permit and such permit may not be renewed nor may another permit be issued to the same person; and the practice of alcohol & drug counseling in this state: b. To a certified or licensed alcohol & drug counselor who is not a resident of this state and who meets the requirements of subdivisions (1), (2), (3), (4), (6) and (7), subsection (a), section seven of this article, which temporary permit shall be valid only for a period of ninety days in the calendar year in which issued, and such permit may not be renewed nor may another permit be issued to the same person in the same calendar year. (b) The fee for any temporary permit shall be set by the board by legislative rule 30-xx-x. Privilege exemptions (a) The provision of the Act and the rules and regulations herein do not apply to the following individuals: a. Qualified members of other professions or occupations engaging in the practices similar in nature to alcohol & drug counseling provided that they are authorized by the laws of West Virginia to engage in such practices, do not represent themselves as a licensed alcohol & drug counselors, LADC licensed advanced alcohol & drug counselor, LAADC, or licensed alcohol & drug clinical supervisor, LADC-S, licensed advanced alcohol & drug clinical supervisor, LAADC-S ; b. Students/counselors engaged in entry-level internships in a Department of Health and Human Services, Mental Health, Retardation, and hospitals licensed or an IC&RC/AODA member board approved facility provided that the student/counselor are practicing as part of supervised work or course of student and designated by such titles as counselor intern or alcohol & drug counselor student or others clearly indicating training status; c. Nothing in this section shall be construed to prevent members of the clergy, peer group, or self-help groups from performing peer counseling or self-help activities which may be wholly or in part, included as a defined professional services as cited in , and of the West Virginia General Laws, as amended, however, that no members of peer group or self-help groups shall use a

11 tile stating or implying that they are a licensed advanced alcohol & drug counselor or licensed advanced alcohol & drug clinical supervisor unless duly licensed under the provisions of the Act and the rules and regulations herein. (b) No licensee under the Act or the rules and regulations herein or an employee of licensee may disclose any information which was acquired from clients or persons consulting with the licensee to render professional services except under the provisions of the federal regulation 42 CFR part x Grounds for denial, suspension, revocation or violations procedures for discipline, complaints and severability (a) Grounds for Denial, Suspension or Revocation of License/Violations (a) Licensees subject to the Act shall conduct their activities, services and practice in accordance with the Act and the rules and regulations herein. The licensing board may recommend to the Executive Director refusal to grant a license to, or to suspend, revoke, condition, limit, qualify, or restrict the license of any individual who the licensing Board or its designee, after a hearing, determines: (b) Is incompetent to practice under the provisions of the Act, or is found to engage in the practice of alcohol & drug counseling and/or supervision in a manner harmful or dangerous to a client or to the public; (c) Has obtained or attempted to obtain a license, or renewal thereby, by bribery or fraudulent representation; (d) Has knowingly made a false statement on a form required by the licensing board; (e) Has failed to obtain the continuing education credits necessary for relicensing; (f) Has engaged in sexual relations with a current or former client, solicited sexual relations with a current or former client, or committed an act of sexual abuse or sexual misconduct with a current or former client. Per the NAADAC Code of Ethics The addiction professional will not engage in professional relationships or commitments that conflict with family members, friends, close associates or others whose welfare might be jeopardized by such a dual relationship. The addiction professional will not, under any circumstances, engage in sexual behavior with current or former clients. The addiction professional will not accept as clients anyone with whom they have engaged in romantic or sexual relationships. (g) Has failed to remain free from the use of any controlled substances or any alcoholic beverages to the extent that the use impairs the ability of the person to conduct with safety to the public the practice authorized by this license. The applicant shall bear the burden of proving that s/he is free from the use of any controlled substances or any alcoholic beverages which impair his/her ability to conduct with safety to the public the practice authorized by this license; (we need to address some impaired professional help program) (h) Has been convicted of a felony, which shall be waived by the Board upon presentation of satisfactory evidence that such conviction does not impair the ability of the person to conduct with safety to the public the practice authorized by this license. The applicant shall bear the burden of proving that his/her conviction

12 does not impair his/her ability to conduct with safety to the public the practice authorized by this license; (i) Has disciplinary action pending or has revocation, suspension or probation taken against the licensee in West Virginia or another State or territory of the United States who holds any other professional license (i.e. LPC, SW, Psychology, Law, Physician, etc.; (j) Has failed to maintain confidentiality per federal regulation 42 CFR, part 2; (k) Has engaged in false or misleading advertising; (l) Has a mental disability which significantly impairs the ability or judgment of the licensee, has been declared mentally incompetent by any court, of which the order of a court that licensee is in need of mental treatment for incompetency shall continue the mental disability, until a subsequent court determination that the applicant is competent; (m) Has violated the provisions of the Act or any of the rules and regulations or any provisions of any code of ethics adopted by the Board; (n) Has departed from or failed to conform to the current standards of acceptable and prevailing practice of substance abuse counseling Complaints (a) All complaints concerning a licensee s business or professional practice shall be received by either the licensing board or the Department. Each complaint received shall be logged, recording at a minimum, the following information: i. The Licensee s name; ii. Name of the complaining party; iii. Date of complaint; iv. Brief statement of complaint; and v. Disposition of complaint Disciplinary process (a) Disciplinary procedures under the Act shall be conducted in accordance with of the West Virginia General Laws, as amended. (b) Whenever the board shall deny an application for any original or renewal license or deny an application for a temporary permit or shall suspend or revoke any license or temporary permit, it shall make and enter an order to that effect and serve a copy thereof on the applicant or licensee, as the case may be, by certified mail, return receipt requested. Such order shall state the grounds for the action taken and shall require that any license or temporary permit suspended or revoked thereby shall be returned to the board by the holder within twenty days after receipt of said copy of said order. (c) Any person adversely affected by any such order shall be entitled to a hearing thereon (as to all issues not excluded from the definition of a "contested case" as set forth in article one, chapter twenty-nine-a of this code) if, within twenty days after receipt of a copy thereof, he files with the board a written demand for such hearing. A demand for hearing shall operate automatically to stay or suspend the execution of any order suspending or

13 revoking a license or temporary permit or denying an application for a renewal license. The board may require the person demanding such hearing to give reasonable security for the costs thereof and if such person does not substantially prevail at such hearing such costs shall be assessed against him and may be collected by an action at law or other proper remedy. (d) Upon receipt of a written demand for such hearing, the board shall set a time and place therefor not less than ten and not more than thirty days thereafter. Any scheduled hearing may be continued by the board upon its own motion or for good cause shown by the person demanding the hearing. (e) All of the pertinent provisions of article five, chapter twenty-nine-a of this code shall apply to and govern the hearing and the administrative procedures in connection with and following such hearing, with like effect as if the provisions of said article five were set forth in this subsection. (f) Any such hearing shall be conducted by a quorum of the board. For the purpose of conducting any such hearing any member of the board shall have the power and authority to issue subpoenas and subpoenas duces tecum which shall be issued and served within the time, for the fees and shall be enforced, as specified in section one, article five of said chapter twenty- nine-a, and all of the said section one provisions dealing with subpoenas and subpoenas duces tecum shall apply to subpoenas and subpoenas duces tecum issued for the purpose of a hearing hereunder. (g) At any such hearing the person who demanded the same may represent him/herself to be represented by an attorney at law admitted to practice before any circuit court of this state. Upon request by the board, it shall be represented at any such hearing by the attorney general or his assistants without additional compensation. (h) After any such hearing and consideration of all of the testimony, evidence and record in the case, the board shall render its decision in writing. The written decision of the board shall be accompanied by findings of fact and conclusions of law as specified in section three, article five, chapter twenty- nine-a of this code, and a copy of such decision and accompanying findings and conclusions shall be served by certified mail, return receipt requested, upon the person demanding such hearing, and his attorney of record, if any. (i) The decision of the board shall be final unless reversed, vacated or modified upon judicial review thereof in accordance with the provisions of section twelve of this article. (j) The Board, or its designees, shall hear evidence produced in support of the formal charges and contrary evidence produced by the licensee. At the conclusion of the hearing, the Board shall make recommendations to the Director who shall issue an order Disciplinary sanctions (a) The licensing Board may recommend that the Director impose any of the following sanctions, singly or in combination when it finds that a licensee is guilty of any offenses described in this section: a. Revocation of the license; b. Suspension of the license for any period of time; c. Censure of the licensee; d. Issue a letter of reprimand;

14 e. Place a licensee on a probationary status and require the licensee to submit to any of the following: i. Report regularly to the Board upon matters which are the basis of probation ii. Continue to renew professional education until a satisfactory degree of skill has been attached in those areas which are basis of probation; iii. Attend employee assistance counseling services.(impaired counselor program??) f. Refuse to renew a license; g. Revoke probation which has been granted and impose any other discipline provided in this section when the requirements of probation have not been fulfilled or have been violated. (b) The Executive Director may reinstate any licensee to good standing under the Act, if after hearing, the Board is satisfied that the applicant s renewed practice is in the public interest. (c) Upon the suspension or revocation of a license issued under the Act, a licensee shall be required to surrender the license to the Board and upon failure to do so, the Director shall have the right to seize the same. (d) The Executive Director may make available annually a list of the names and addresses of all licensees under the provisions of the Act, and of all persons who have been or continue to be disciplined within the preceding twelve (12) months. (e) Any persons convicted of violating the provisions of the Act shall be guilty of a misdemeanor, punishable by a fine of not less than One hundred dollars ($100.00) nor more than three thousand dollars ($ ), imprisonment for not more than one (1) year, or both Rules governing practice and procedures (a) All hearing and reviews required under the provisions of Chapter 30-xx of the West Virginia General Rules, as amended, shall be held in accordance with the provisions of Chapter 29B of the West Virginia General Laws, entitled Freedom of Information Severability (a) The provision of the Act are severable and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of that court shall not affect or impair any of the remaining provisions.

15 REFERENCES 1. Chapter 29B of the West Virginia General Laws, Freedom of Information, as amended. Available online: 2. Chapter 30 of the West Virginia General Laws, Professions and Occupations, as amended. Available online: 3. Confidentiality of Alcohol and Drug Abuse Patient Records: Final Rule. U.S. Department of Health and Human Resources, Public Health Service. 42 CFR Part 2 (June 9, 1987). 4. NAADAC Code of Ethics