AMEND SUBSTANCE ABUSE PROFESSIONAL PRACT. ACT.

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View NCGA Bill Details2017-2018 Session
House Bill 615 (Public) Filed Wednesday, April 5, 2017
AN ACT AMENDING THE NORTH CAROLINA SUBSTANCE ABUSE PROFESSIONAL PRACTICE ACT BY REPEALING THE CERTIFIED SUBSTANCE ABUSE RESIDENTIAL FACILITY DIRECTOR CREDENTIAL; CLARIFYING WHAT CONSTITUTES INDEPENDENT STUDY; MODIFYING THE MEMBERSHIP OF THE NORTH CAROLINA SUBSTANCE ABUSE PROFESSIONAL PRACTICE BOARD; INCREASING THE NUMBER OF BOARD-APPROVED EDUCATION HOURS REQUIRED FOR CERTIFICATION AS A SUBSTANCE ABUSE COUNSELOR, SUBSTANCE ABUSE PREVENTION CONSULTANT, OR CRIMINAL JUSTICE ADDICTIONS PROFESSIONAL; AND ESTABLISHING A PROGRAM FOR IMPAIRED SUBSTANCE ABUSE PROFESSIONALS.
Intro. by Malone, S. Martin.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Apr 27 2017)
H 615

Bill Summaries:

  • Summary date: Apr 25 2017 - View Summary

    House committee substitute makes the following changes to the 1st edition. Limits the repeal of GS 90-113.31(B) to only subsection (5), which specified the scope of practice for the practice of a certified substance abuse residential facility director. 


  • Summary date: Apr 6 2017 - View Summary

    Repeals the certified substance abuse residential facility director credential, and directs the North Carolina Substance Abuse Professional Practice Board (Board) to no longer issue or renew that credential to any person, effective when the act becomes law.

    Repeals GS 90-113.31A(8) (defining certified substance abuse residential facility director)and GS 90-113.31B (concerning the scope of practice of substance abuse professionals). Makes conforming changes to GS 90-113.42(d) and GS 90-113.43(a). Effective upon the expiration of the last certified substance abuse residential facility director credential issued prior to the effective date of this act. Directs the Board to notify the Revisor of Statutes when that occurs.

    Amends GS 90-113.31A to amend the definition ofindependent study and to definetraditional classroom-based study.

    Amends GS 90-113.32(c) to revise the composition of the Board, eliminating the designation of three members chosen at large from laypersons or other professional disciplines who have shown a special interest in substance abuse. Allocates those seats to be appointed by the Governor, President Pro Tempore of the Senate, and Speaker of the House, and revises the qualifications for Board members appointed by those officers. The terms of current members appointed to the reallocated seats will expire on December 31, 2017, and new members will be appointed to those seats according to the revised requirements, with terms commencing on January 1, 2018.

    Amends GS 90-113.40 to raise the number of required hours of Board-approved education for certification as a certified substance-abuse counselor or as a certified criminal justice addictions professional from 270 to 300 hours.

    Enacts new GS 90-113.48 (program for impaired substance abuse professionals). Creates the North Carolina Impaired Professionals Program (Program). Authorizes the Board to provide funds for the Program, which will operate independent of the Board to provide screening, referral, monitoring, educational, and support services for professionals credentialed pursuant to GS Chapter 90, Article 5C (North Carolina Substance Abuse Professionals Certification Act) by reason of an impairment attributed to physical or mental illness, substance use disorder, or professional sexual misconduct. Authorizes the Program to enter into an agreement with credentialed substance abuse professionals for the purpose of identifying, reviewing, and evaluating referred or self-referred substance abuse professionals to function in their professional capacity and coordinate regimens for treatment and rehabilitation. Provides requirements for such an agreement. Directs the Program to immediately report to the Board information about credentialed substance-abuse professionals who meet any of four listed criteria, including constituting an immediate danger to patient care. Provides that information acquired, created, or used in good faith by the Program under this statute is privileged and confidential, and may not be released to anyone other than the Board, the Program, or their employees or consultants. Authorizes persons participating in good faith in the Program to withhold that fact in a civil action or proceeding. Provides that activities in good faith under an agreement authorized by this statute are not grounds for civil action. Provides for written assessments by the Program, and to the extent permitted by law any written assessment created by a treatment provider or facility at the recommendation of the Program to be provided to certified substance abuse professionals and their legal counsel at the request of the professional, and provides that the information is inadmissible as evidence in any civil action or proceeding. Directs the Board to adopt rules to apply to the operation of the Program, with eight listed requirements for the rules.

    Except as otherwise provided, effective October 1, 2017.