reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 3 - Practice › Section LXXX-301 - Scope of Practice

Current through Register Vol. 50, No. 6, June 20, 2024
A. The practice
				of addictive disorder counseling within the meaning and intent of these rules
				and regulations shall consist of the rendering of professional guidance to
				individuals suffering from addictive disorders to assist them in gaining an
				understanding of the nature of their disorder and developing and maintaining a
				responsible life style. The scope of practice shall include making appropriate
				referrals to qualified professionals, providing counseling to family members
				when appropriate, and utilizing the core functions and KSA's of addictive
				disorder counseling.
B. The
				practice of prevention within the meaning and intent of these rules and
				regulations shall consist of the rendering of prevention services. The scope of
				the practice shall include collaboration with qualified professionals and
				utilization of the performance domains of prevention to increase the awareness
				of high risk behaviors and the perception that high risk behaviors are, or
				potentially can be, harmful. In addition to any other positive outcomes that
				may be sought, the practice of prevention seeks to:
1. reduce the availability of alcohol,
				tobacco and other substances to youth; achieve long term reductions in underage
				drinking and the use of tobacco and other drugs;
2. reduce the underage access to and use of
				alcohol;
3. impact other
				prioritized substance use and related behaviors including increased or retained
				employment or return to and stay in school;
4. decrease criminal justice
				involvement;
5. increase stability
				in family and living conditions;
6.
				increase access to services (including treatment services);
7. increase social supports and increase
				social connectedness.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 3 - Practice › Section LXXX-303 - Minimum Standards of Practice

Current through Register Vol. 50, No. 6, June 20, 2024
A. The minimum standard of practice for
				Addiction Counselors and Prevention Professionals will be met if:
1. the individual has a valid and current
				credential issued or recognized by, and is in good standing with, the
				ADRA;
2. the individual adheres to
				the code of ethics as set forth in these rules; and
3. the individual practices within the scope
				of practice defined in the Act and in these rules.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 5 - ADRA Documents and Payment of Costs › Section LXXX-501 - Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. The fees and
				penalties of the ADRA shall not exceed the following amounts.
1. Addiction Counselor and Prevention
				Practice Credential
a. Application (valid for
				one year) $300
b. Renewal of
				Credential $300
c. Certification by
				Reciprocity $300
d. Late Fee for
				Renewal $150
e. Reinstatement of
				Credential $300
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 5 - ADRA Documents and Payment of Costs › Section LXXX-503 - ADRA Documents

Current through Register Vol. 50, No. 6, June 20, 2024
A. Official
				Records
1. Office records of the ADRA shall
				be maintained at the office of the ADRA or other depository authorized by the
				ADRA.
2. All official records of
				the ADRA excluding materials containing information considered confidential,
				shall be open for inspection during regular office hours.
3. Any person desiring to examine official
				records shall be required to properly identify himself and sign statements
				listing the records questioned and examined. Records which are stored in
				historical files or which have been authorized for off-site storage may require
				the payment of costs for research and location.
4. Official records shall not be taken from
				the ADRA's office without the express authorization of the Director of the
				ADRA. Persons may obtain copies of records upon written request and by paying a
				fee prescribed by the Division of Administration.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 5 - ADRA Documents and Payment of Costs › Section LXXX-505 - Advice and Consultation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ADRA
				shall seek the advice of the Louisiana Commission on Addictive Disorders. The
				ADRA shall also consult with the commission on matters pertaining to
				requirements and standards for issuing and recognizing credentials.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3388.4.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 7 - Credentials for License/Certification/Registration › Section LXXX-707 - Counselor-In-Training (CIT)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ADRA shall
				recognize as a CIT each candidate who:
1.
				documents that they are actively pursuing a career tract to be a licensed,
				certified, or registered addiction counselor;
2. is at least 18 years of age;
3. is a legal resident of the United
				States;
4. is not in violation or
				pending violation of any ethical standards subscribed to by the ADRA or in the
				case of a credentialed mental health professional, with the appropriate
				regulatory board;
5. is not now,
				and has not been, engaged in addictive behaviors for at least a minimum of two
				years from the date the application is received;
6. has not been convicted of, pleaded guilty,
				or entered a plea of nolo contendere to a felony, unless the individual has
				applied for and been granted a waiver by the ADRA;
7. the applicant shall provide the ADRA with
				an original certified copy of his/her background check and criminal
				history;
8. reads and signs the
				ADRA professional and ethical accountability and responsibility form;
9. obtained/completed 180 substance abuse
				addiction specific educational clock hours;
10. obtain a certified clinical supervisor
				(CCS);
11. the CIT status is
				granted for a 12-month period. During the 12-month period the CIT shall comply
				with the ADRA guidelines for CIT status and, if required, sign an agreement
				acknowledging and consenting to the provisions of the guidelines;
12. CIT shall be allowed to maintain the CIT
				status for an aggregate period not to exceed 72 months;
13. provide three letters of recommendation
				attesting to the individual's fitness to be a counselor in training;
14. the ADRA shall develop
				counselor-in-training program guidelines and certified clinical supervisor
				guidelines and shall post the guidelines on the web site maintained by the
				ADRA. The guidelines shall be considered the minimum standards applicable to
				all CITs and CCSs. It shall be the obligation of all CITs and CCSs to regularly
				consult the website and review the guidelines to insure familiarity and
				compliance with the minimum standards.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 7 - Credentials for License/Certification/Registration › Section LXXX-709 - Addiction Treatment Assistant (ATA)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ADRA shall recognize as an ATA each
				candidate who:
1. is at least 16 years of
				age;
2. is a legal resident of the
				United States;
3. is not in
				violation of any ethical standards subscribed to by the ADRA;
4. is not now, and has not been, a substance
				abuser or compulsive gambler for a period of six months from the date the
				application is received;
5. has not
				been convicted of, pleaded guilty, or entered a plea of nolo contendere to a
				felony. The ADRA may waive this requirement for good cause upon request of the
				applicant. The applicant shall provide the ADRA with a certified copy of his
				criminal history;
6. documents the
				completion of 6 hours of ADRA approved professional ethics training(s) for
				ATA's and signs the ADRA form of professional and ethical accountability and
				responsibility;
7. documents the
				completion of an approved training on confidentiality and documents the
				completion of an ADRA approved training in First Aid and CPR;
8. provides three letters of recommendation
				attesting to the individual's fitness to be an addictive disorder
				counselor;
9. scope of practice of
				an ATA shall be to serve in a supportive role within the therapeutic
				environment under the direct supervision of a licensed, certified, and/or
				registered addiction counselor.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 7 - Credentials for License/Certification/Registration › Section LXXX-711 - Certified Clinical Supervisor (CCS)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ADRA shall recognize as a CCS each
				candidate who:
1. possesses a valid and
				current credential as a Licensed, Certified, or Registered Addiction Counselor
				and/or Qualified Mental Health Professional;
2. is at least 21 years of age;
3. is a legal resident of the United
				States;
4. is not in violation of
				any ethical standards subscribed to by the ADRA and does not have any pending
				disciplinary proceedings;
5. is not
				a defendant in any pending felony criminal proceedings;
6. has not been convicted of, pleaded guilty,
				or entered a plea of nolo contendere to a felony. The ADRA may waive this
				requirement for good cause upon request of the applicant;
7. the applicant shall provide the ADRA with
				a certified copy of his criminal history;
8. signs the ADRA form of professional and
				ethical accountability and responsibility;
9. documents having satisfied the ADRA
				requirements for certification in Clinical Supervision. The requirements shall
				be posted on the website maintained by the ADRA;
10. provides three letters of
				recommendation;
11. scope of
				practice:
a. the LAC or QMHP can provide
				clinical supervision for LAC, CAC, RAC, CIT, or ATA;
b. the CAC can provide clinical supervision
				for: CAC, RAC, CIT, or ATA;
c. the
				RAC can provide clinical supervision for: RAC, CIT, ATA.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 7 - Credentials for License/Certification/Registration › Section LXXX-713 - Certified Compulsive Gambling Counselor (CCGC)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ADRA shall recognize as a CCGC each
				candidate who:
1. possesses a valid and
				current credential as a Licensed, Certified, or Registered Addiction Counselor
				and/or Qualified Mental Health Professional;
2. is at least 21 years of age;
3. is a legal resident of the United
				States;
4. is not in violation of
				any ethical standards subscribed to by the ADRA and does not have any pending
				disciplinary actions;
5. is not a
				defendant in any pending felony criminal proceedings;
6. has not been convicted of, pleaded guilty
				to, or entered a plea of nolo contendere to, a felony;
7. the applicant shall provide the ADRA with
				a certified copy of his criminal history;
8. signs the ADRA form of professional and
				ethical accountability and responsibility;
9. provides evidence of having satisfied the
				following requirements:
a. has successfully
				completed a minimum of 60 clock hours of education approved by the ADRA
				specific to addiction, at least six of which must be in professional
				ethics;
b. a minimum of 30 clock
				hours of education approved by the ADRA specific to gambling
				addiction;
c. demonstrates
				professional competency in compulsive gambling counseling by passing a written
				examination prescribed by the ADRA;
10. provides three letters of
				recommendation;
11. the Scope of
				Practice for the CCGC shall be consistent with and shall not exceed the scope
				of practice allowed for the practice credential of the holder.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 7 - Credentials for License/Certification/Registration › Section LXXX-715 - Certified Prevention Specialist (CPS)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ADRA shall recognize as a CPS each
				candidate who:
1. provides evidence of having
				satisfied the following requirements in education, supervised practical
				training and experience:
a.
				education-possesses at least, a bachelor's degree from an accredited
				institution of higher education or possesses a high school diploma or its
				equivalent. The degree shall be in human services or a behavioral science
				discipline. Any person seeking to be recognized as a CPS who possesses at least
				a bachelor's degree in a discipline other than human services or behavioral
				science may apply to the ADRA for a waiver. In considering the application for
				wavier the ADRA shall consult with representatives of a national credentialing
				organization for purposes of insuring compliance with national standards and/or
				institutions of higher education for advice and guidance and/or the Louisiana
				Commission on Addictive Disorders and may grant or deny the wavier. The ADRA
				may grant the waiver on such terms and conditions as are deemed appropriate and
				in the best interest of the public. The applicant must also document 100
				education hours with a minimum of 50 hours specific to addictive disorder
				training. An applicant with at least a master's degree in a human services or
				behavioral science discipline must document 50 education hours with a minimum
				of 25 hours specific to addictive disorder training. At least 6 of these hours
				must be in professional ethics;
b.
				supervised practical training-must provide documentation and verification of
				120 hour practicum in the five performance domains (minimum of 10 in each). The
				five domains are:
i. planning and
				evaluation;
ii. education and skill
				development;
iii. community
				organization;
iv. public and
				organizational policy; and
v.
				professional growth and responsibility;
c. experience-completes all experience
				requirements prescribed by the ADRA, including the following:
i. for an applicant with, at a minimum, an
				approved bachelor's degree, verification of 2,000 hours (one year) of full-time
				ADRA approved supervised experience engaged in the providing of prevention
				services; or
ii. for an applicant
				with a high school diploma, five years of ADRA approved experience consistent
				with the requirements discussed hereinabove;
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 7 - Credentials for License/Certification/Registration › Section LXXX-717 - Registered Preventionist (RP)

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The ADRA shall recognize as a RP each candidate who:
1. possesses a high school diploma or its
				equivalent;
2. documents successful
				completion of 30 hours of a National Prevention Training program approved by
				the ADRA;
3. is at least 21 years
				of age;
4. is a legal resident of
				the United States;
5. is not in
				violation of any ethical standards subscribed to by the ADRA;
6. is not now, and has not been, a substance
				abuser or compulsive gambler for a period of two years from the date the
				application is received;
7. has not
				been convicted of, pleaded guilty, or entered a plea of nolo contendere to a
				felony. The applicant shall provide the ADRA with a certified copy of his
				criminal history. Signs the ADRA form of professional and ethical
				accountability and responsibility; and
8. provide 21 letters of
				recommendation.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 7 - Credentials for License/Certification/Registration › Section LXXX-719 - Prevention Specialist-In-Training (PSIT)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ADRA shall recognize as a PSIT each
				candidate who:
1. documents that he is
				actively pursuing a career tract to be a CPS or RPS;
2. is at least 18 years of age;
3. is a legal resident of the United
				States;
4. is not in violation of
				any ethical standards subscribed to by the ADRA;
5. is not now, and has not been, a substance
				abuser or compulsive gambler for a period of two years from the date the
				application is received;
6. has not
				been convicted of, pleaded guilty, or entered a plea of nolo contendere to a
				felony. The applicant shall provide the ADRA with a certified copy of his
				criminal history. Signs the ADRA form of professional and ethical
				accountability and responsibility;
7. it is the candidate's responsibility to
				assure himself that his educational preparation has provided comprehensive
				coverage of the subjects and topics necessary to allow him to develop a
				sufficient knowledge base and to adequately prepare him to be able to
				demonstrate professional competency in prevention;
8. it is the candidate's responsibility to
				assure himself that his experience has provided comprehensive training
				sufficient to adequately prepare him to be able to demonstrate professional
				competency in prevention;
9. the
				PSIT status is granted for a 12 month period. During the 12 month period the
				PSIT shall comply with the ADRA guidelines for PSIT Supervision;
10. PSIT shall be allowed to maintain the
				PSIT status for an aggregate period not to exceed 72 months;
11. provide three letters of
				recommendation;
12. the ADRA shall
				develop PSIT Supervision guidelines and shall post the guidelines on the
				website maintained by the ADRA. The guidelines shall be considered the minimum
				standards applicable to all PSIT's and PSIT supervisors. It shall be the
				obligation of all PSIT's and PSIT supervisors to regularly consult the website
				and review the guidelines to insure familiarity and compliance with the minimum
				standards.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 7 - Credentials for License/Certification/Registration › Section LXXX-721 - Certification as a Counselor by Reciprocity from Other States

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ADRA may
				issue a certificate, without examination in this state, to any person who meets
				the following requirements:
1. if the
				applicant is applying from an ICRC jurisdiction, the applicant should following
				the ICRC reciprocity process;
2. if
				the applicant is not applying from an ICRC jurisdiction, the applicant must
				submit an application and satisfy the following:
a. possess a valid certificate to practice as
				an addiction or prevention counselor or professional or para-professional in
				any other state of the United States;
b. document and verify that the certificate
				from the other state is based upon an examination and other requirements
				substantially equivalent to the requirements for practice in
				Louisiana.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 7 - Credentials for License/Certification/Registration › Section LXXX-723 - Application and Examination

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Request for Application
1. Persons desiring
				information regarding a practice credential (LAC, CAC, RAC, CPS, and/or RP),
				specialty certification (e.g., CCS, and/or CCGC), or status (CIT, and/or PSIT)
				shall be sent an information brochure and a request for application form. The
				ADRA may, in lieu of mailing information, make such information available on
				line at any web site maintained by the ADRA.
2. An application package shall be made
				available to any interested persons. The ADRA may, in lieu of mailing, make the
				package available on line at any web site maintained by the ADRA.
3. Any applicant for a practice credential or
				specialty certification who fails the written examination and, who, prior to
				the next scheduled written examination completes an ADRA approved test
				preparation training, shall have the application period extended to include
				either the next consecutive testing cycle or such subsequent testing cycle as
				the applicant shall designate in writing.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 7 - Credentials for License/Certification/Registration › Section LXXX-725 - Renewal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every practice
				credential and/or specialty certification, including the ATA and RP, issued
				under these rules and regulations shall be renewed every two years. The status
				of CIT/ PSIT is issued for one year.
B. It shall be the responsibility of the
				individual to timely renew all practice credentials and
				certifications.
C. The ADRA shall
				renew a credential or certification only upon receipt of an application for
				renewal and proof of the required continuing professional education hours. If
				satisfied of the accuracy of the application for renewal, the ADRA shall issue
				a new wallet card with the date of renewal and the new expiration
				date.
D. Applications for renewal
				which do not satisfy the requirements will be deficient. The individual will be
				notified and allowed to correct the deficiency. It is the individual's
				responsibility to correct the deficiency prior to the expiration date of his
				certification.
E. The ADRA shall
				rule on any questions regarding applications for renewal of
				certification.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3388.4.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 7 - Credentials for License/Certification/Registration › Section LXXX-727 - Continuing Professional Education

Current through Register Vol. 50, No. 6, June 20, 2024
A. Renewal
1. Within the two years prior to application
				for renewal, all LAC, CAC, RAC, and CPS must complete at least 48 clock hours
				of education directly applicable to addictive disorder counseling or
				prevention, whichever is applicable, at least 6 of which must be in
				professional ethics. The ADRA shall publish guidelines for the continuing
				education requirements applicable to the paraprofessional ATA and the
				RP.
2. Within the two years prior
				to application for renewal, and in addition to any other education hours
				required herein, the CCGC must have completed at least 16 clock hours of
				education directly applicable to compulsive gambling counseling. The CCS must
				have completed at least 8 clock hours directly applicable to clinical
				supervision. The RP must have completed at least 6 clock hours of education
				directly applicable to prevention. In addition, the CCGC, RP and CCS must have
				a minimum of 6 hours of ethics training approved by the ADRA for the particular
				specialty certification or credential to be renewed.
3. Within the one year prior to application
				for renewal, the CIT and PSIT must document and verify compliance with the CIT
				and PSIT guidelines published by the ADRA.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 7 - Credentials for License/Certification/Registration › Section LXXX-729 - Inactive Certificate; Late Renewal; Reactivation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Inactive Certificate. A credential or
				certificate becomes inactive immediately upon passing the expiration
				date.
B. Late Renewal. Applications
				for renewal of a credential or certification or any part thereof received after
				the expiration date are considered late.
C. Reactivation Grace Period. A 90 day grace
				period shall be granted to reactivate a credential or certification without any
				lapse in continuity, provided a satisfactory application for renewal is
				received within 90 days of the expiration date.
D. Notification of Licensure or
				Certification. Individuals will be notified within 30 days upon the approval of
				their application for reactivation of a credential or certification.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3388.4.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 7 - Credentials for License/Certification/Registration › Section LXXX-731 - Lapsed Credential/Certification; Reinstatement; Surrender

Current through Register Vol. 50, No. 6, June 20, 2024
A. A credential or
				certification is considered lapsed on the ninety-first day following the
				expiration date. Lapsed credentials or certificates shall be surrendered to the
				ADRA upon demand. A lapsed practice credential (e.g., LAC, CAC, RAC, LCSW, MD)
				terminates immediately the current and valid status of any specialty
				certification (e.g., CCS, CCGC) unless and until reinstatement of the practice
				credential is granted by the ADRA, or appropriate regulatory body.
B. A lapsed practice credential issued by a
				regulatory body other than the ADRA, shall be governed by the law pertinent to
				that credential and the rules for reinstatement promulgated by that body. A
				lapsed practice credential or certification issued by the ADRA, may be
				reinstated within one year of the expiration date, provided:
1. a satisfactory application for renewal is
				submitted within a year of the date of the expiration, together with an
				explanation of the lapse and a written request for reinstatement;
2. for the LAC, CAC, RAC, and CPS, the
				individual must document and verify having successfully completed the 48 clock
				hours of education which would have been required for timely renewal, together
				with an additional 12 hours of education if the application is received within
				six months of the expiration date or an additional 24 hours of education is the
				application is received more than six months after the expiration
				date;
3. for the CCGC, CCS and RP
				the individual must document and verify having successfully completed the clock
				hours of education which would have been required for timely renewal together
				with additional clock hours of education in the appropriate specific; area(s)
				as follows:
a. CCGC-8 hours;
b. CCS-4 hours;
c. RP-3 hours;
4. there is no lapsed CIT or PSIT status or
				reinstatement period;
5. if
				reinstatement is granted, new issue and expiration dates are set by the ADRA
				and the individual's file is annotated to show the lapsed period.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 9 - Disciplinary Procedures › Section LXXX-901 - Causes for Administrative Action

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ADRA after due notice and hearing as
				set forth herein and the Administrative Procedure Act,
				R.S.
				49:950 et seq., may deny, revoke or suspend
				any credential, specialty certification, status or other recognition issued or
				applied for, or otherwise discipline an applicant for or holder of any
				credential, specialty certification, status or other recognition on a finding
				that the person has violated the Addictive Disorders Practice Act, any rules or
				regulations promulgated by the ADRA, the Code of Ethics, any supervision
				guidelines, any policy published by the ADRA, or prior final decisions and/or
				consent orders involving the holder or applicant.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3388.4(3) and La.
				  R.S.
				  37:3390.3(B) and La.
				  R.S.
				  37:3389(G).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 9 - Disciplinary Procedures › Section LXXX-903 - Disciplinary Process and Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules and regulations are designed
				to supplement and effectuate the applicable provisions of the Administrative
				Procedure Act,
				R.S.
				49:950 et seq., regarding the disciplinary
				process and procedures and are not intended to amend or repeal the provisions
				of the Administrative Procedure Act. To the extent any of these rules and
				regulations are in conflict therewith, the provisions of the Louisiana
				Administrative Procedure Act shall govern.
B. A disciplinary proceeding, including the
				formal hearing, is less formal than a judicial proceeding. It is not subject to
				strict rules and technicalities but must be conducted in accordance with
				considerations of fair play and constitutional requirements of due
				process.
C. The purpose of a
				disciplinary hearing is to determine contested issues of law and fact; whether
				the person committed certain acts or omissions and, if so, whether those acts
				or omissions violate the Addictive Disorders Practice Act, a rule or regulation
				of the ADRA, the Code of Ethics, or prior final decisions and/or consent orders
				involving the holder, or applicant; and to determine the appropriate
				disciplinary action.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3388.4.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 9 - Disciplinary Procedures › Section LXXX-905 - Initiation of Complaints

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Complaints may be initiated by any person.
B. All complaints shall be signed and in
				writing. Anonymous complaints will not be considered. The executive director of
				the ADRA and the ADRA member assigned as complaint investigator, shall decide
				whether to investigate the complaint. If decision is to not investigate, a
				letter of denial is sent both to the complainant and the person accused of
				wrongdoing. If the decision is to investigate, the person shall be notified
				that allegations have been made that he may have committed a breach of statute,
				rule or regulation, the Code of Ethics, and/or prior final decisions or consent
				orders; and that he must respond in writing to the ADRA within a specified time
				period. After the response to the complaint, if any, and other pertinent
				information, if available, is reviewed, a determination will be made by the
				executive director and complaint investigator as to whether or not a
				disciplinary proceeding is required.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3388.4.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 9 - Disciplinary Procedures › Section LXXX-906 - Investigation of Complaints

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				complaint is investigated by the board member complaint investigator and
				executive director of the ADRA to determine if there is sufficient evidence to
				warrant disciplinary proceedings.
B. The ADRA, through its executive director,
				may issue subpoenas to secure evidence of alleged violations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3388.4(3) and La.
				  R.S.
				  37:3390.3(B) and La.
				  R.S.
				  37:3389(G).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 9 - Disciplinary Procedures › Section LXXX-907 - Informal Disposition of Complaints

Current through Register Vol. 50, No. 6, June 20, 2024
A. Complaints may be settled informally by
				the ADRA and the person accused of a violation without the necessity of a
				formal hearing.
B. The following
				types of informal dispositions may be utilized.
1. Disposition by Correspondence
a. For complaints deemed technical in nature
				and which are considered less serious (complaints for which the allegations, if
				taken as true, do not indicate circumstances which pose a risk or threat of
				harm to a client), the executive director may write to the person explaining
				the nature of the complaint received. If the person's subsequent response
				provides a satisfactory explanation, the matter may be closed.
b. If a satisfactory explanation is not
				forthcoming, the matter shall be pursued through an informal meeting and/or
				formal hearing.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 9 - Disciplinary Procedures › Section LXXX-908 - Decision to Initiate Formal Complaint

Current through Register Vol. 50, No. 6, June 20, 2024
A. A decision to initiate a formal complaint
				or charge is made if one or more of the following conditions exist:
1. the complaint is sufficiently
				serious;
2. the person fails to
				respond to ADRA correspondence concerning the complaint;
3. the person's response to the ADRA letter
				or investigation demand fails to provide a satisfactory explanation and/or
				fails to convince that no action is necessary; or
4. an informal meeting is convened, but fails
				to resolve all of the issues.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 9 - Disciplinary Procedures › Section LXXX-909 - Sworn Complaint and Notification of Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. A sworn complaint, fixing a time and place
				for hearing, is filed by the executive director of the ADRA, charging the
				violation of one or more of the provisions of the Addictive Disorders Practice
				Act, the rules and regulations promulgated thereto, the Code of Ethics, or
				prior final decisions and/or consent orders involving the person.
B. Notification of Hearing
1. At least 30 days prior to the date set for
				the hearing, a copy of the charges and a notice of the time and place of the
				hearing are sent to the address of record of the person accused. A copy of the
				notice sent to the person, attached to a certificate signed by the executive
				director attesting to the date of the mailing, shall constitute proof of
				notice.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 9 - Disciplinary Procedures › Section LXXX-913 - Decision

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ADRA's
				decision shall be based on finding(s) of fact and conclusion(s) of law. The
				decision shall be based on a preponderance of the evidence presented at a
				formal hearing, together with the determination of any appropriate sanctions,
				by an affirmative majority record vote of the ADRA members participating in the
				decision process. Decisions shall be recorded and made part of the
				record.
B. The ADRA order shall be
				rendered at the open hearing or taken under advisement and rendered within
				thirty days of the hearing and then served personally or domiciliary at the
				respondent's last known address by regular, registered, or certified mail, or
				by a diligent attempt thereof.
C.
				Every order of the ADRA shall take effect immediately on its being rendered
				unless the ADRA in such order fixes a stay of execution of a sanction for a
				period of time against an applicant or holder. Such order, without a stay of
				execution, shall continue in effect until expiration of any specified time
				period or termination by a court of competent jurisdiction.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3388.4(3) and
				  R.S.
				  37:3390.3(B) and
				  R.S.
				  37:3389(G).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 9 - Disciplinary Procedures › Section LXXX-915 - Rehearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ADRA may
				reconsider a matter which it has decided. This may involve rehearing the case,
				or it may involve reconsidering the case on the basis of the record. Such
				reconsideration may occur when a party who is dissatisfied with a decision of
				the ADRA files a motion requesting that the decision be reconsidered by the
				ADRA.
B. A motion by a party for
				reconsideration or rehearing must be filed within 10 days after notification of
				the ADRA decision. The motion shall set forth the grounds for the rehearing,
				which include one or more of the following:
1.
				the decision is clearly contrary to the law and evidence;
2. there is newly discovered evidence by the
				party since the hearing which is important to the issues and which the party
				could not have discovered with due diligence before or during the
				hearing;
3. there is a showing that
				issues not previously considered ought to be examined in order to dispose of
				the case properly; or
4. it would
				be in the public interest to further consider the issues and the
				evidence.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 9 - Disciplinary Procedures › Section LXXX-917 - Consent Order [Formerly Section 911]

Current through Register Vol. 50, No. 6, June 20, 2024
A. An agreement may be entered into between
				the ADRA and the person against whom a complaint has been filed. The agreement
				is not effective until reduced to writing and signed by the person, the
				executive director of the ADRA and all counsel of record, and approved by the
				ADRA.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3388.4.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 9 - Disciplinary Procedures › Section LXXX-919 - Withdrawal of a Complaint [Formerly Section 913]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A complainant may withdraw a complaint at
				any time. The ADRA, however, may continue the investigation if it is determined
				that the issues are of such importance as to warrant further review.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3388.4.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 9 - Disciplinary Procedures › Section LXXX-921 - Refusal to Respond or Cooperate with the ADRA [Formerly Section 915]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The application
				for and/or acceptance of a credential or certification issued by the ADRA
				obligates the holder thereof to respond to any request for information, or
				otherwise cooperate with any investigation conducted by the ADRA.
B. Any person refusing to reply to an ADRA
				inquiry or otherwise cooperate with the ADRA is subject to disciplinary
				action.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3388.4.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 9 - Disciplinary Procedures › Section LXXX-923 - Judicial Review of Adjudication [Formerly Section 917]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person whose credential,
				certification, status, or application, has been denied, revoked or suspended or
				who has been otherwise disciplined by the ADRA shall have the right to have the
				proceedings of the ADRA reviewed by the Nineteenth Judicial District Court,
				provided that such petition for judicial review is made within 30 days after
				the notice of the decision of the ADRA. If judicial review is granted, the
				ADRA's decision is enforceable in the interim unless the court orders a
				stay.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3388.4.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 9 - Disciplinary Procedures › Section LXXX-925 - Appeal [Formerly Section 919]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A person aggrieved by any final judgment
				rendered by the state district court may obtain a review of said final judgment
				by appeal to the appropriate circuit court of appeal. Pursuant to the
				applicable Section of the Administrative Procedure Act,
				R.S.
				49:950 et seq., this appeal shall be taken as
				in any other civil case.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3388.4.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 9 - Disciplinary Procedures › Section LXXX-927 - Emergency Action [Formerly Section 921]

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the executive director of the ADRA
				finds that public health, safety and welfare requires emergency action and
				incorporates a finding to that effect in an order, a summary suspension of a
				certificate or registration, or counselor or prevention specialist in training
				status, may be ordered pending proceedings for disciplinary action. Such
				proceedings shall be promptly instituted and a formal hearing held, after due
				notice.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3388.4.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 9 - Disciplinary Procedures › Section LXXX-929 - Public Record

Current through Register Vol. 50, No. 6, June 20, 2024
A. All consent
				orders and final decisions rendered in disciplinary action shall be public
				record and must be posted on the ADRA website.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3388.4(3) and La.
				  R.S.
				  37:3390.3(B) and La.
				  R.S.
				  37:3389(G).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 11 - Declaratory Statements › Section LXXX-1101 - Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ADRA may
				issue a declaratory statement in response to a request for clarification of the
				effect of the provisions contained in the Addictive Disorders Practice Act,
				R.S.
				37:3371 et seq., the rules and regulations
				promulgated by the ADRA and/or the Code of Ethics.
B. A request for declaratory statement is
				made in the form of a petition to the ADRA. The petition should include at
				least:
1. the name and address of the
				petitioner;
2. specific reference
				to the statute, rule and regulation, or the Code of Ethics;
3. a concise statement of the manner in which
				the petitioner is aggrieved by the statute, rules and regulations, or provision
				of the Code of Ethics, or by its potential application to him and about which
				he is uncertain of its effect.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 13 - Impaired Professionals Program › Section LXXX-1301 - Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ADRA shall
				develop policies and procedures for the operation of an impaired professional
				program which shall include provision for the identification and rehabilitation
				of practice credential and certificate holders, counselors in training and
				prevention specialists in training, or any individual over whom the ADRA has
				authority pursuant to the provisions of the Louisiana Addictive Disorders Act
				whose quality of service is impaired or thought to be impaired due to mental or
				physical conditions. The policies and procedures shall be posted on the website
				maintained by the ADRA.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3388.4.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 15 - Code of Ethics › Section LXXX-1501 - Professional Representation

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				person holding a practice credential, specialty certification or status shall
				not:
1. misrepresent any professional
				qualifications or associations;
2.
				misrepresent any agency or organization by presenting it as having attributes
				which it does not possess;
3. make
				claims about the efficacy of any service that go beyond those which the
				counselor or specialist would be willing to subject to professional scrutiny
				through publishing the results and claims in a professional journal;
4. encourage or, within the counselor's or
				specialist's power, allow a client to hold exaggerated ideas about the efficacy
				of services provided by the counselor or specialist.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 15 - Code of Ethics › Section LXXX-1503 - Relationships with Clients

Current through Register Vol. 50, No. 6, June 20, 2024
A. A person
				holding a practice credential, specialty certification or status:
1. shall make known to a prospective client
				the important aspects of the professional relationship including fees and
				arrangements for payment which might affect the client's decision to enter into
				the relationship;
2. shall inform
				the client of the purposes, goals, techniques, rules of procedure, and
				limitations that may affect the relationship at or before the time that the
				professional services are rendered;
3. shall provide counseling services only in
				the context of a professional relationship and not by means of newspaper or
				magazine articles, radio or television programs, mail or means of a similar
				nature;
4. shall neither accept nor
				pay a commission or rebate or any other form of remuneration for the referral
				of clients for professional services;
5. shall not use relationships with clients
				to promote, for personal gain or the profit of an agency, commercial
				enterprises of any kind;
6. shall
				not, under normal circumstances, be involved in the counseling of family
				members, intimate friends, close associates, or others whose welfare might be
				jeopardized by such a dual relationship;
7. shall not, under normal circumstances,
				offer professional services to a person concurrently receiving counseling or
				prevention assistance from another professional except with knowledge of the
				other professional;
8. shall take
				reasonable personal action to inform responsible authorities and appropriate
				individuals in cases where a client's condition indicates a clear and imminent
				danger to the client or others;
9.
				shall take reasonable precautions to protect individuals from physical and/or
				emotional trauma resulting from interaction within the group;
10. shall not engage in activities that seek
				to meet the counselor's or specialists personal needs at the expense of a
				client;
11. shall not engage in
				sexual intimacies with any client;
12. shall terminate a professional
				relationship when it is reasonably clear that the client is not benefiting from
				it.