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02-384
Department of Professional and Financial Regulation
Board of Alcohol and Drug Counselors

2003-2004 Regulatory Agenda

AGENCY UMBRELLA-UNIT NUMBER: 02-384
AGENCY NAME: Department of Professional & Financial Regulation, Office of Licensing & Registration, Board of Alcohol and Drug Counselors

CONTACT PERSON: Geraldine L. Betts, Board Administrator, 35 State House Station, Augusta, ME 04333. Tel. (207) 624-8625

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2003-2004 RULE-MAKING ACTIVITY: The Board's rules, Chapters 1 through 6, are currently in the process of being repealed and new rules adopted in their place. Currently, the Board has spent the better part of a year and will soon provide appropriate notice of proposed rulemaking. This is a recodification of the board's rules and rules will be updated to insure conformity with current statutory authority and current practice needs. The Board will also establish eligibility and procedural standards for individuals requesting certification to perform clinical supervision of registered alcohol and drug counselors. Outdated or duplicative rules that may exist in rules established by the Office of Licensing and Registration as authorized by 10 MRSA §8003 will be repealed. Finally, a second round of rulemaking may be needed to implement the recent enactment of Public Law 2003 Chapter 347, which will require amending the current rules to conform with new laws and will include, but is not limited to, repealing rules that pertain to alcohol and drug counselor registration (RADC) requirements and establish new rules for the following new categories: alcohol and drug counseling aide registrant (ADCA) and certified alcohol and drug counselor (CADC).

CHAPTER 1: Eligibility, Testing, Educational, Work experience, Application, Reciprocity, and Fee Requirements.
PURPOSE: Establishes requirements and standards of eligibility for licensing alcohol and drug counselors. The Board may repeal the fee provisions of this chapter inasmuch as fees have been established directly by the Director of the Office of Licensing and Registration in Chapter 10 of the Rules of the Office of Licensing and Registration pursuant to 10 MRSA §8003(2-A)(D).
STATUTORY AUTHORITY: 32 MRSA §§6212, 6215, 6219
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: Licensees
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 2: Continuing Professional Education.
STATUTORY AUTHORITY: 32 MRSA §§6212, 6215, 6219
PURPOSE: Establishes minimum continued professional education requirements for licensure renewal for alcohol and drug counselors. The Board will amend requirements for continuing education to conform to recently adopted rules by the Office of Licensing and Registration on substantiation of continuing education by licensed practitioners.
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: Licensees
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 3: Appeals and Disciplinary Procedures.
STATUTORY AUTHORITY: 32 MRSA §§6212, 6215, 6219
PURPOSE: Outlines procedures the Board will follow for appeals and disciplining licensed practitioners found in violation of laws and/or rules.
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: Licensees
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 4: Complaint Handling.
STATUTORY AUTHORITY: 32 MRSA §§6212, 6215, 6219
PURPOSE: Establishes standards for the handling of complaints.
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: Licensees
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 5: Advisory Rulings.
STATUTORY AUTHORITY: 32 MRSA §§6212, 6215, 6219
PURPOSE: Establishes procedures for the receipt and handling of requests for advisory rulings.
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: Licensees
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 6: Code of Ethics.
STATUTORY AUTHORITY: 32 MRSA §§6212, 6215, 6219
PURPOSE: Establishes standards of professional practice for licensees when providing alcohol and drug counseling services to the public.
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: Licensees
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated


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