An Act To Amend the Laws Concerning State Board of Alcohol and Drug Counselors
Maine Legislature, Session 121, LD 1559
Committee: Business, Research and Economic Development
Sponsors: SULLIVAN, MARTIN, CURLEY, DUGAY, EARLE
Amends: 32 MRSA §6203, 32 MRSA §6207, 32 MRSA §6212, 32 MRSA §6213, 32 MRSA §6213-A, 32 MRSA §6214-A, 32 MRSA §6214-B, 32 MRSA §6215, 32 MRSA §6216, 32 MRSA §6217, 32 MRSA §6218, 32 MRSA §6219, 32 MRSA §6220

12lst MAINE LEGISLATURE 
Legislative Document 
No. 1559 
H.P.1142 
House of Representatives, April 14,2003 
An Act To Amend the Laws Concerning State Board of Alcohol and 
Drug Counselors 
Submitted by the Department of Behavioral and Developmental Services pursuant to Joint 
Rule 204. 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative SULLIVAN of Biddeford. 
Cosponsored by Senator MARTIN of Aroostook and 
'!r/~ 1/1. 7llt1£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CURLEY of Scarborough, DUGAY of Cherryfield, EARLE of Damariscotta, 
PERR Y of Calais. 
Printed on rt'l.'ycleJ p.:.lpt'r 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 32 MRSA §6203, sub-§§I-B to l-E are enacted to read: 
I-B. 
Agency. 
"Agency" means an establishment. organization 
or institution. public or private. 
that is licensed by the 
Department of Behavioral 
and Developmental Services 
and that 
offers. purports to offer. maintains or operates one or more 
programs 
for 
the 
assessment. 
diagnosis. 
care, 
treatment 
or 
rehabilitation 
of 
individuals 
who 
are 
suffering physically, 
emotionally or psychologically from the abuse of alcohol or other 
drugs. 
I-C. 
Alcohol and drug counseling aide. 
"Alcohol and drug 
counseling aide" means an individual who is registered by the 
board to engage in an apprenticeship for the purpose of acquiring 
knowledge and experience in the performance of alcohol and drug 
counseling services, including but not limited to knowledge of 
ethical standards. 
An 
alcohol 
and drug counseling aide may 
facilitate individual and direct group counseling or assume other 
facilitation 
duties 
under 
superv~s~on 
and 
may 
supervise 
nonclinical activities. 
An alcohol and drug counseling aide may 
write treatment chart notations when the notations are cosigned 
by a board-certified clinical supervisor. 
All work performed 
must be 
under 
the 
superv~s~on of 
a 
board-certified clinical 
supervisor. 
An alcohol and drug counseling aide may not engage 
in independent or private practice. 
All work associated with the 
apprenticeship may be conducted only in an agency. 
I-D. 
Certified alcohol 
and drug counselor. 
"Certified 
alcohol and drug counselor" means 
an individual who 
provides 
individual or group alcohol and drug counseling services unaided 
and who meets the criteria established in section 6214-C. 
A 
certified 
alcohol 
and 
drug 
counselor 
may 
not 
engage 
in 
independent or private practice. 
All work performed must be 
under the supervision of a board-certified clinical supervisor 
within an agency. 
I-E. 
Certified clinical supervisor. 
"Certified clinical 
supervisor" means an individual who is certified by the board to 
provide supervision to individuals who provide alcohol and drug 
counseling 
services 
as 
required 
by 
this 
chapter. 
For 
the 
purposes of this subsection, "supervision" includes, but is not 
limited to, oversight of case record reviews. case management. 
development 
of 
counseling 
skills, 
education 
and 
treatment 
modalities, 
clinical 
superv~s~on log maintenance, 
and client 
treatment plans and activities. 
Sec. 2. 32 MRSA §6203, sub-§S, as amended by PL 1995, c . 394, 
§4, is repealed and the following enacted in its place: 
Page l-LRI971(I) 
5. 
Licensed alcohol and drug counselor. 
"Licensed alcohol 
and drug counselor" means. an individual who provides individual 
or 
group 
alcohol 
and 
drug 
counseling 
services 
independently 
within 
an 
agency or 
in private practice 
and 
who 
meets 
the 
criteria established in sections 6214-0. 
A licensed alcohol and 
drug counselor may also assume clinical supervl.sl.on duties upon 
being certified by the board as a clinical supervisor. 
Sec. 3. 32 MRSA §6203, sub-§5-A, as amended by PL 1995, c. 
394, §4, is further amended to read: 
5-A. 
Inactive 
alcohol 
and 
drug 
counselor. 
"Inactive 
alcohol and drug counselor" means a person who is licensed eF.L 
registered or certified to provide alcohol and drug ee1:lBse;i,eF 
counseling services and who Fe'ji,s1;e-l'-s-wit.a applies to the board 
for a-±ea¥e-~~~~~-~~~-~l'--a-pe~Je4-~-~~~~-b-yeaFs an 
inactive license under section 6219-B. 
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Sec. 4. 32 MRSA §6203, sub-§7-A, as enacted by PL 1995, c. 
394, §5, is repealed. 
Sec. 5. 32 MRS A §6205, as amended by PL 1995, c. 394, §6, is 
further amended to read: 
§6205. 
Licensing 
A person 
may 
not, 
unless specifically exempted 
by this 
chapter, practice as an alcohol and drug counselor or profess to 
the public to be, or assume or use the title or designation of, 
"i-Bae~ive 
certified 
alcohol 
and 
drug 
counselor," 
"licensed 
alcohol 
and 
drug 
counselor" 
or 
Fe~i-s~eFea 
~alcohol and 
drug 
ee1:lBseleF 
counseling aide" 
or 
the abbreviation 
!!--'!.~TATIiTbTT!! 
"C.A.D.C.," 
"L.A.D.C." 
or 
!.!RTATIiTb.-!.! 
"A.D.C.A." 
or 
any 
other 
ti tIe, designation, words, letters or device tending to indicate 
that such a person is licensed, certified or registered, unless 
that person is licensed, certified or registered with and holds a 
current 
and 
valid 
license, 
certificate 
or 
eeF1;i,fi:-e.at,.e.--ef 
registration from the board. 
Any person who offers or gives 
alcohol and drug counseling services in violation of this section 
must be punished, upon conviction, by a fine of not less than $50 
and not more than $500 for each such offense. 
Sec. 6. 32 MRSA §6207, as amended by PL 1995, c. 394, §7, is 
repealed. 
Sec. 7. 32 MRS A §6207-A is enacted to read: 
§6201-A. 
License reqyired 
Unless 
exempted 
under 
section 
6206, 
a 
person 
may 
not 
practice alcohol and drug counseling or begin an apprenticeship 
in this State unless that person has first obtained a license, 
certification or registration as provided in this chapter. 
Sec. 8. 32 MRSA §6212, sub-§4, as amended by PL 1983, c . 413, 
§214, is further amended to read: 
4. 
Rules. The board may adopt such rules, including but not 
limited to rules regarding examinations; clinical supervision; 
reasonable practice and education requirements for registering 
alcohol and drug counseling aides: licensing alcohol and drug 
counselors: certified alcohol and drug counselors; and certified 
clinical supervisors, and establish such advisory committees as 
the board may EleeFR determine necessary and proper to carry out 
this chapter. 
All-~~~e£-~~~~-aElepteEl-4£-~~~~~a-tae 
pFeeeElYFe6-e6~aeli6heEl-hy-~~~~~~~~~-~~ee4~~-AetT 
Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter II 2-A. 
Sec. 9. 32 MRSA §6212, sub-§II, as enacted by PL 1991, c. 456, 
§20, is repealed. 
Sec. 10. 32 MRSA §6212, sub-§12, as amended by PL 1999, c. 
685, §17, is further amended to read: 
12. 
Clinical supervision. 
For purposes of direct clinical 
supervision of licensed practitioners in the field of alcohol and 
drug counseling, the board may certify upon receipt of proper 
application and fee under section 6215 licensed psychologists, 
physicians, 
registered 
clinical 
nurse 
specialists, 
clinical 
professional counselors 
aBElL clinical social workersT and any 
other licensed or certified mental health professionals who are 
qualified to provide alcohol and drug counseling services by 
virtue of the requirements for that profession and who meet the 
requirements established by board rules. 
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Sec. 11. 32 MRSA §6213, as amended by PL 1995, c. 394, §13, 
is repealed. 
Sec. 12. 32 MRSA §6213-A, as amended by PL 1995, c. 394, §14, 
is repealed. 
Sec. 13. 32 MRS A §6213-B is enacted to read: 
§6213-B. 
Alcohol and drug counseling aide: qualification 
for registration 
1. 
Requirements. 
The board shall issue a registration to 
practice as an alcohol and drug counseling aide to an applicant 
who meets the following minimal requirements. 
An applicant must: 
A. 
Be at least 18 years of age: 
B. 
Have a high school diploma or its equivalent: 
c. 
Be employed at an agency: 
D. 
Provide 
the 
name 
of 
the 
person 
who 
will 
be 
the 
applicant's certified clinical supervisor; and 
E. 
Have paid an application and registration fee 
under 
section 6215. 
Sec. 14. 32 MRSA §6214-A, as amended by PL 1997, c. 210, §11, 
is repealed. 
Sec. 15. 32 MRSA §6214-B, as amended by PL 1995, c. 394, §19, 
is repealed. 
Sec. 16. 32 MRSA §§6214-C and 6214-D are enacted to read: 
§6214-C. 
Certified alcohol and drug counselor: qyalification 
for certification 
1. 
Eligibility. 
To be eligible to practice as a certified 
alcohol and drug counselor, an applicant must: 
A. 
Be at least 18 years of age: 
B. 
Have taken and passed an examination as prescribed by 
board rule; 
C. 
Have paid an application and certification fee as set 
under section 6215: and 
D. 
Meet one of the following educational requirements: 
(1) 
A high school diploma or its eguivalent and a 
minimum 
of 
4,000 
hours 
of 
documented 
clinically 
supervised 
work 
experience 
as 
an 
alcohol 
and 
drug 
counseling 
aide 
consisting of 
at 
least 
of 
the 
following alcohol and drug treatment functions: 
(a) 
Clinical 
evaluation 
consisting 
of 
intake 
screening and differential assessment; 
(b) 
Treatment 
planning, 
including 
initial, 
ongoing and discharge planning; 
(c) 
Counseling of individuals, groups, couples or 
families; 
(d) 
Case 
management. 
For 
purposes 
of 
this 
paragraph, "case management" means services that 
include, at a minimum, assessment of the needs of 
a 
client 
and 
the 
client's 
family, 
service 
planning, referral and linkage to other services, 
advocacy, monitoring and crisis management; or 
(e) 
Client and family education; or 
(2) 
At a minimum, course work as defined by board rule 
or an associate degree from an accredited college or 
university in behavioral sciences, addiction counseling 
or a related field as defined by board rule. 
§62l4-D. 
Licensed alcohol and drug counselor; qualification 
for licensure 
1. 
Eligibility. 
To be eligible to practice as a licensed 
alcohol and drug counselor, an applicant must: 
A. 
Be at least 18 years of age; 
B. 
Haye taken and passed an examination as prescribed by 
board rule; 
C. 
Haye paid an application and license fee under section 
6215; and 
D. 
Meet one of the following educational reguirements: 
(1) 
A high school diploma or its eguivalent. course 
work as defined by board rule and a minimum of 6,000 
hours of documented supervised practice in alcohol and 
drug counseling or 2,000 hours if the applicant holds a 
valid 
certified 
alcohol 
and 
drug 
counselor 
certification: 
(2) 
An 
associate 
or 
bachelor's 
degree 
from 
an 
accredited college or university in clinically based 
behavioral 
sciences 
or 
addiction 
counseling 
or 
a 
related field as defined by board rule, course work as 
defined by board rule and a minimum of 4,000 hours of 
documented 
supervised practice in alcohol 
and 
drug 
counseling: or 
(3) 
A master's degree from an accredited college or 
university in clinically based behavioral sciences ('Ir 
addiction counseling or a related field as defined by 
board rule, course work as defined by board rule-and a 
minimum 
of 
2,000 
hours 
of 
documented 
supervised 
practice in alcohol and drug counseling. 
Sec. 17. 32 MRSA §6215, as amended by PL 1999, c. 685, §18, 
is further amended to read: 
§6215. 
Application; fees 
Application for registration 
as--a--{"-eq-i-s-t~-ed---aJ.£~-enl--aRa 
a~~~--ee~Rsele~, certification or licensure as--a--lieeRsea to 
practice alcohol and drug 
ee~Rsele~ counseling must be on forms 
prescribed and furnished by the board. The Director of the Office 
of Licensing and Registration may establish by rule fees for 
purposes authorized under this subchapter in amounts that are 
reasonable and necessary for their respective purposes, except 
that the fee for anyone purpose may not exceed $200 annually. 
Rules 
adopted pursuant to this section are routine technical 
rules pursuant to Title 5, chapter 375, subchapter II-A 2-A. 
Sec. 18. 32 MRSA §6216, as amended by PL 1995, c. 394, §21, 
is repealed and the following enacted in its place: 
§6216. Examinations 
The 
board shall prepare 
an 
examination to 
measure 
the 
competence of an applicant to engage in the practice of alcohol 
and drug counseling in accordance with this chapter. 
The board 
may employ and cooperate with any organization or consultant in 
the preparation, administration and grading of an examination. 
The board may 
adopt rules establishing examination criteria. 
Applicants for examination must pay an examination fee as set 
under section 6215. 
Sec. 19. 32 MRSA §6217.A, as amended by PL 1995, c. 394, §§22 
to 25 and PL 1999, c. 547, Pt. B, §78 and affected by §80, is 
further amended to read: 
§6217-A. 
Suspension and revocation 
The board may suspend or revoke a registration, certificate 
or license 
9F--{}&£-t-i-f-i-€-a-t-e--~E--~e~-ist£ati9R pursuant to Title 5, 
section 10004. 
In addition, the board may refuse to issue or 
renew or the Listrict Court may suspend, 
revoke or refuse to 
renew a license 9FL certificate 9~ or registration on any of the 
following grounds: 
1. 
Fraud or deceit. 
The practice of fraud or deceit in 
obtaining a registration, certificate or license 9F-a-€e~t-ifieate 
9~-£e~isE£aEi9R under this chapter or in connection with services 
rendered as 
an alcohol 
and drug counselor, 
alcohol and drug 
counseling aide or clinical supervisor; 
2. 
Active abuse. 
Active abuse of alcohol or any other drug 
that 
in 
the 
judgment 
of 
the 
board 
is 
detrimental 
to 
the 
performance or 
competency of an alcohol 
and drug counselorL 
alcohol and drug counseling aide or clinical supervisor; 
3. 
Mental 
incompetency. 
A 
legal 
finding 
of 
mental 
incompetency; 
4. 
Aiding 
and 
abetting 
misrepresentation. 
Aiding 
or 
abetting a person not duly licensed, certified or registered as 
aR a provider of alcohol and drug e9tlRSe±9F counseling services 
in representing that person as 
a 
licensed alcohol 
and 
drug 
counselor, certified clinical supervisor, certified alcohol and 
drug 
counselor 
or 
registered 
alcohol 
and 
drug 
e9tlRSe±9F 
counseling aide in this State; 
5. 
Unprofessional 
conduct 
or 
negligence. 
Any 
gross 
negligence, incompetency, misconduct or violation of the existing 
code of ethics in the performance of alcohol and drug counseling 
services; 
6. 
Criminal conviction. 
Subject to 
the limitations of 
Title 5, chapter 341, conviction of a Class A, B or C crime or of 
a 
crime 
whieh 
that, 
if committed 
in this State, 
would 
be 
~4 
punishable by one year or more of imprisonment; 9F 
6-A. 
Incompetence 
in the practice of counseling. 
Any 
incompetence in the practice 
o~ counseling such as engaging in 
conduct that evidences a lack of ability or fitness to discharge 
the duty owed by the certified alcohol 
and drug 
counselor~_ 
alcohol and drug counseling ~ide or certified clinical supervisor 
to a client or engaging in conduct that evidences a lack of 
knowledge or inability to apply principles or skills to carry out 
the practice for which that person is licensed, certified or 
registered; or 
7. 
Valid cause. 
Any other valid cause including violation 
of any provision of this chapter or rule of the board. 
Sec. 20. 32 MRSA §6218, as amended by PL 1991, c. 456, §31, 
is further amended to read: 
§62l8. 
Issuance after denial, suspension or revocation 
Any individual whose license, certification or registration 
has been denied, suspended or revoked may apply to the board for 
licensure, registration or certification reinstatement one year 
after the date of the board's original action. 
A competency 
review 
is 
a 
condition 
of 
reinstatement. 
The 
board 
shall 
determine the nature of this review and shall adopt rules in 
accordance with the Maine Administrative Procedure Act, Title 5, 
chapter 375, subchapter II 2-A. 
Sec. 21. 32 MRSA §6219, as amended by PL 1999, c. 685, §19, 
is further amended to read: 
§62l9. 
Expiration and renewal 
~Re--~~-~-~e§is~~a~i9a All licenses, certifications 
and registrations issued pursuant to this chapter expire annually 
on November 30th or at such other time as the Commissioner of 
Professional and Financial Regulation may designate. 
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Licensees, 
certificate holders 
and 
registrants 
must 
renew 
their 
licenses, 
certificates 
and 
registrations on or before November 30th annually by filing an 
application prescribed by the board. completing any continuing 
education requirements established by board rule and paying the 
required fee under section 6215. 
bieeRS~~e---<l-r---Fe§ist;Fat;i9a 
Licenses. 
certifications 
and 
registrations issued pursuant to this chapter may be renewed up 
to 90 days after the date of expiration upon payment of a late 
fee in addition to the renewal fee. 
Any person who submits an 
application for 
renewal more than 90 
days after the lieease 
renewal 
date 
is 
subject 
to 
all 
requirements 
governing 
new 
applicants under this chapter, except that the board may in its 
discretion, giving due consideration to the protection of the 
public, waive examination if that renewal application is made 
within 
years 
from 
the date of that expiration or if the 
applicant is a registered inactive alcohol and drug counselor. 
The board is responsible for mailing notification of the date of 
expiration ef--a---1-i-aense--EH;.-a--<J-e-r-t-i-f-i-oa-t-e--G-f--Fe!3'istFatieB to any 
licensed alcohol and drug counselorT or inactive alcohol and drug 
counselor eF-£e~i~~e£e~-~~-~~r~-eeaBse±eF not later than 
days prior to the date of expiration. 
Sec. 22. 32 MRSA §§6219·A and 6219·B are enacted to read: 
§6219-A. 
Continuing education 
1. 
Regyirements. 
The board may adopt continuing education 
requirements and approve programs and courses by rule. 
Rules 
adopted pursuant to this subsection are routine technical rules 
as defined by Title 5, chapter 375, subchapter 2-A. 
2. 
Program approyal. 
Each application for approval of a 
continuing 
education 
program 
or 
course 
must 
be 
submitted 
according to the guidelines prescribed by rule, together with the 
required fee under section 6215. 
The fee is retained whether or 
not the application is approved. 
3. 
Core 
requirement. 
The 
board 
may 
establish 
a 
core 
educational requirement for each license type under this chapter. 
§6219-B. 
Inactive license status 
I. 
Placement on inactive status. 
A registrant, certificate 
holder or licensee under this chapter who 
does not desire--.tQ 
perform 
any 
of 
the 
activities 
described 
in 
section 
62~ 
subsections l-C, I-D, l-E and 5 and who wants to preserve the 
registration, certificate, or license while not engaged in any 
alcohol 
and 
drug 
counseling 
acti vi ty 
may 
surrender 
that 
registration, certificate or license to the board for placement 
on 
inactive status. 
The 
board 
may 
place 
the 
registration, 
certificate or license on inactive status and issue an inactive 
license only upon proper application and payment of the required 
fee under section 6215. 
During inactive status, the registrant, 
certificate holder or licensee is required to renew the inactive 
registration, certificate or license annu~but is not required 
to meet the continuing educational provisions of section 6219-A. 
2. 
Reinstatement 
to 
active 
status. 
A 
registra~ 
certificate 
holder 
or 
licensee 
who 
has 
surrendered 
a 
registration, certificate or license pursuant to this section may 
have that registration, certificate or license reinstated to 
active status by submitting proper application and payment of the 
required 
fee 
under 
section 
6215 
and 
completing 
continuing 
education 
requirements 
as 
determined 
by 
board 
rule. 
Rules 
adopted pursuant to this subsection are routine technical rules 
as defined by Title 5, chapter 375, subchapter 2-A. 
Sec. 23. 32 MRSA §6220, as amended by PL 1991, c. 456, §33, 
is repealed and the following enacted in its place: 
§6220. 
Endorsement 
The board may waive the requirements of this chapter and 
grant a registration, certificate or license to any applicant who 
presents 
proof 
of 
authorization 
to 
practice 
by 
another 
jurisdiction of 
the 
United 
States 
or 
another 
country 
that 
maintains professional standards considered by the board to be 
substantially equivalent to or higher than those set forth in 
this chapter, 
as long as there is no cause for denial of a 
registration, certificate or license under section 6217-A. 
The 
applicant must pay the application and license fee as set under 
section 6215. 
Sec. 24. Change license status. 
The Department of Professional 
and Financial Regulation shall change its records pertaining to 
licenses to reflect the changes in status of licenses affected by 
the 
prov~s~ons of this Act 
and shall issue the appropriate 
licenses to implement the following provisions. 
1. Every person holding an active alcohol and drug counselor 
registration, 
R.A.D.C., 
must 
be 
issued 
an 
alcohol 
and 
drug 
counseling 
aide 
registration, 
A.D.C.A., 
at 
the 
time 
the 
registrant next is issued a registration upon proper application 
and satisfaction of the registration requirements. 
2. 
Every 
person 
holding 
an 
active 
alcohol 
and 
drug 
counselor registration at the time the registrant next is up for 
renewal may apply for the alcohol and drug counselor certificate, 
C.A.D.C. 
The applicant must meet the certified alcohol and drug 
counselor requirements of this Act. 
3. 
Every 
person 
holding 
an 
active 
alcohol 
and 
drug 
counselor license at the time the licensee next is up for renewal 
must be issued an alcohol and drug counselor license, L.A.D.C., 
upon proper application for renewal. 
Sec. 25. Effective date. This Act takes effect November 1, 2004. 
SUMMARY 
This 
bill 
reorganizes 
the 
alcohol 
and 
drug 
counselor 
registration currently issued by the State Board of Alcohol and 
Drug Counselors by recognizing practitioners who provide public 
services at varying levels within agencies licensed by the Office 
of 
Substance 
Abuse 
in 
the 
Department 
of 
Behavioral 
and 
Developmental 
Services. 
This 
bill 
provides 
an 
al ternati ve 
pathway 
to 
certification 
and 
licensure 
for 
persons 
without 
degree-level eoucation by recognizing work experience in the 
field of alcohol and drug counseling as one of the criteria for 
certification and licensing. 
This bill requires an alcohol and 
drug counseling aide and a certified alcohol and drug counselor 
to be supervised by a board-certified clinical supervisor. 
This 
bill eliminates outdated practices and language as it pertains to 
examinations and reciprocity. 
This bill clarifies requirements 
for continuing education and inactive licenses issued by the 
board and makes minor technical changes throughout the alcohol 
and drug practice laws.