Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › LICENSE › Section 49.17 - Department of Health licensing of substance abuse services provided by professional counseling practices-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Background and purpose
.
					 The Board licenses professional counselors in this Commonwealth. The Department
					 of Health licenses providers who operate facilities in this Commonwealth.
					 Licensed professional counselors may, within the scope of their practice,
					 encounter clients who are seeking help with drug or alcohol addiction, who may
					 need drug or alcohol addiction treatment, or who may have drug or alcohol
					 addiction issues as part of the broader range of issues for which they seek
					 counseling from licensed professional counselors. This section clarifies when
					 licensed professional counselors who provide the services will be considered to
					 be operating a drug and alcohol treatment facility requiring licensure from the
					 Department of Health. This section expresses the joint position of the Board
					 and the Department of Health on this matter.
(b)
Statutory authority
. The
					 act authorizes the Board to license professional counselors and to regulate the
					 practice of professional counseling in this Commonwealth. Articles IX and X of
					 the Public Welfare Code (62 P. S. §§
												901-922 and
					 1001-1059), and regulations
					 promulgated thereunder in 28 Pa. Code Chapter 709 (relating to standards for
					 licensure of free-standing treatment facilities), vest the Department of Health
					 with all functions, powers and duties with regard to the regulation,
					 supervision and licensing of drug and alcohol facilities and
					 services.
(c)
Guidelines.
(1) This joint
					 statement of policy clarifies when practitioners providing drug and alcohol
					 treatment services will be considered to be operating a drug and alcohol
					 treatment facility requiring licensure from the Department of Health. The term
					 "facility" is defined by the Department of Health in 28 Pa. Code §
												701.1 (relating to definitions) as
					 "the physical location in which ongoing, structured, and systematic drug and
					 alcohol services are delivered." Accordingly, the Department of Health and the
					 Board have agreed upon the following. In determining whether any person,
					 partnership, corporation, or other legal entity intending to provide services
					 is a facility as defined in 28 Pa. Code § 701.1, and thus subject to
					 licensure, the Board will consider the following criteria:
(i) Whether a primary purpose of an
					 individual or entity is to render a program of psychological, social or other
					 therapies on a planned and regularly scheduled basis to assist individuals to
					 deal with patterns of drug and alcohol use, abuse or dependency.
(ii) Whether an individual or entity publicly
					 advertises or promotes itself as providing a program of distinct drug and
					 alcohol services.
(iii) Whether an
					 individual or entity employs staff who specialize in the provision of drug and
					 alcohol services.