CHAPTER He-C 600 ALCOHOL AND DRUG ABUSE COUNSELOR CERTIFICATION

Statutory Authority: RSA 172:8-b, IV and RSA 172:8b, II

PART He-C 601 PURPOSE AND SCOPE

He-C 601.01 Purpose. The commissioner of health and human services shall establish qualifications for certifying alcohol and drug abuse counselors including, but not limited to, education, required experience, and required knowledge of alcohol and drug abuse counseling.

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PART He-C 602 DEFINITIONS

He-C 602.01 Definitions. Except where the context makes another meaning manifest, the following words shall have the meanings indicated for purposes of this chapter:

(a) "Alcohol/drug abuse" means the use of alcohol and/or other drugs to the extent or frequency that impairs or endangers one's health, social or economic function, or the health and welfare of others, and can be used interchangeably with "substance abuse."

(b) "Assessment" means the procedures by which a counselor identifies and evaluates an individual's strengths, weaknesses, problems and needs for the development of a treatment plan.

(c) "Case management" means activities which bring services, agencies, resources or people together within a planned framework of action toward the achievement of established goals, and may involve liaison activities and collateral contacts.

(d) "Case presentation" means a written document that describes the utilization of the counselor core functions with an actual client from a closed case file and constitutes a synopsis of the counselor's facilitation of a client's journey from requesting treatment to discharge and aftercare.

(e) "Certification" means the process by which the commissioner grants, denies, renews, suspends, or revokes a certificate as an alcohol and drug abuse counselor; and which entitles the certified counselor to use the initials "CADAC" after his or her name.

(f) "Certified alcohol and drug abuse counselor" (CADAC) means "certified alcohol and drug abuse counselor" as defined in RSA 172:1, XXV.

(g) "Chemical dependency" means physical or psychological addiction to alcohol and/or other drugs characterized by, but not limited to, the chronic absence of control over the frequency and/or amount of intake.

(h) "Client education" means provision of information to individuals and groups concerning alcohol and other drug abuse and the available services and resources.

(i) "Clinical supervision" means an ongoing, regularly occurring process of examination, critique, and improvement of a counselor's clinical skills, directed by the counselor's designated clinical supervisor, and is typically one-to-one and/or small group in structure, and utilizes the methods of intensive case review and discussion, and direct and indirect observation of clinical practice.

(j) "Clinical supervisor" means a person trained in the fields of mental health or human services, CADACs, MSWs, RNs, psychiatrists, psychologists, or other mental health practitioners, whose background and/or education is in the field of substance abuse, and who has clinical experience.

(k) "Clinically supervised practical training" means experiential activities monitored by one or more clinical supervisors who provide timely positive and negative feedback to assist the counselor in the learning process, and which are designed to provide training of specific knowledges and skills necessary to competently perform the tasks inherent in the performance domains of alcohol and drug counseling.

(l) "Commissioner" means the commissioner of health and human services.

(m) "Consultation" means relating with in-house staff or outside professionals to assure comprehensive, quality care for the client.

(n) "Counselor core functions" means 12 activities, all or some of which a counselor performs in his/her role as a counselor, as follows:

(1) Sreening;

(2) Intake;

(3) Orientation;

(4) Assessment;

(5) Treatment planning;

(6) Counseling;

(7) Case management;

(8) Crisis intervention;

(9) Client education;

(10) Referral;

(11) Reports and recordkeeping; and

(12) Consultation.

(o) "Crisis intervention" means those services which respond to an alcohol and/or other drug abuser's needs during a decisive crucial event in the course of treatment that may compromise or destroy the rehabilitation effort, characterized by acute emotional and/or physical distress.

(p) "Direct counseling" means the face-to-face activity between the counselor and client(s) utilizing any of the various counseling theoretical methods to assist an individual, group or family to achieve objectives through the exploration of a problem and its ramifications, examination of attitudes and feelings, consideration of alternative solutions, and decision-making.

(q) "Director" means the director of the New Hampshire office of alcohol and drug abuse prevention.

(r) "Document" means to complete appropriate areas on application materials and/or to submit any additional materials necessary for the verification of an applicant's stated qualifications.

(s) "Family" means those people who are in a significant relationship to a person and is not restricted to people related either by blood or marriage to the person.

(t) "Filing" means the actual receipt by the director of a complete application for certification under these rules.

(u) "Hour" means a unit of time that measures a full 60 minutes and does not mean a billing hour or any other period of less than 60 minutes.

(v) "ICRC/AODA, Inc." means the International Certification Reciprocity Consortium/Alcohol and Other Drug Abuse, Inc., and which prior to 1991 was the National Certification Reciprocity Consortium/Alcohol and Other Drug Abuse, Inc. - NCRC/AODA.

(w) "Inservice" means education and training that occurs within the counselor's agency, for agency staff, and is conducted by agency staff.

(x) "Intake" means the administrative and initial assessment procedures for admission to a program.

(y) "Internship" means clinically supervised clinical experience as part of an established educational program and includes field placements and practicums.

(z) "OADAP" means the office of alcohol and drug abuse prevention.

(aa) "Orientation" means the counselor describing to the client the general nature and goals of the program, rules governing client conduct and infractions that can lead to disciplinary action or discharge from the program, the hours in a non-residential program during which services are available, treatment costs if any to be borne by the client, and client rights.

(ab) "Peer review" means an inquiry into a person's professional competence conducted by the person's professional colleagues.

(ac) "Performance domains" means the 5 major task areas of the alcohol and drug abuse counseling profession in which those tasks, namely assessment, counseling, case management, education, and professional responsibility, are performed using specific knowledges and skills.

(ad) "Professional" means a counselor/therapist who, by virtue of specialized training, education, and/or life experience, provides competent treatment services.

(ae) "Reciprocity" means the mutual recognition of valid certificates between states.

(af) "Recordkeeping" means charting the results of the assessment and treatment plan, writing reports, progress notes, discharge summaries and other client-related data.

(ag) "Referral" means identifying the needs of a client that cannot be met by the counselor or agency and assisting the client to utilize the support systems and community resources available.

(ah) "Screening" means the process by which the client is determined appropriate and eligible for admission to a particular program.

(ai) "Supervision" means general administrative oversight of a counselor's activities and performance of his or her duties relative to his or her job as a counselor.

(aj) "Training" means the teaching of topics directly related to the counselor core functions so as to make the counselor proficient in these functions, and this includes the teaching of specific knowledges and skills necessary to the competent performance of the tasks inherent in the counseling profession.

(ak) "Treatment" means the practice of applying therapeutic techniques to a specific situation for the purpose of bringing about positive changes and recovery.

(al) "Treatment planning" means the process by which the counselor and the client identify and rank problems needing resolution, establish agreed-upon immediate and long-term goals, and decide upon a treatment process and the resources to be utilized.

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PART He-C 603 PUBLIC REQUESTS FOR INFORMATION

He-C 603.01 Public Information Requests. For information or for a copy of these rules, a person may:

(a) Write to:

Certification Coordinator

OADAP

State Office Park South, 105 Pleasant St.

Concord, NH 03301

(b) Telephone OADAP at (603) 271-6100 during business hours Monday through Friday from 8:00 a.m. to 4:30 p.m.;

(c) Fax a message to OADAP at (603) 271-6116; or

(d) Access OADAP through TDD at NH 1-800-735-2964.

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PART He-C 604 ALCOHOL AND DRUG ABUSE COUNSELOR PEER REVIEW

He-C 604.01 List of Eligible Members.

(a) The director shall compile and maintain a list of persons who meet the qualifications for peer reviewer who may be called upon to conduct peer review.

(b) To be eligible to serve as a peer reviewer, a person shall be:

(1) Currently certified as a New Hampshire alcohol and drug abuse counselor;

(2) Actively engaged in a practice of service delivery to persons suffering from substance abuse; and

(3) Able to conduct oral interviews according to the "Case Presentation Method" by virtue of having completed training in the case presentation method conducted by the International Certification Reciprocity Consortium/Alcohol and Other Drug Abuse, Inc., 3725 National Drive, Suite 213, Raleigh, NC 27612; and incorporated by reference in He-C 613.01.

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He-C 604.02 Peer Review. Peer review shall consist of the following items:

(a) Conducting oral interviews according to the Case Presentation Method copyrighted by the ICRC/AODA, Inc. and incorporated by reference in He-C 613.01; and

(b) Reviewing matters as requested by the director relating to alcohol and drug abuse counselor certification and making recommendations to the director for action to be taken.

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PART He-C 605 REGISTRY OF CERTIFIED COUNSELORS

He-C 605.01 Registry of Certified Counselors.

(a) To inform the general public of those persons who meet the minimum qualifications established in these rules for certification as an alcohol and drug abuse counselor, the director shall maintain a registry of certified counselors, and upon granting a certificate, shall add the certified counselor's name, address, and telephone number(s) to the registry.

(b) The certified counselor shall notify the director of any change of address or telephone number.

(c) If a certificate expires or is revoked, the counselor's name shall be removed from the registry.

(d) If a certificate is suspended, notice of the suspension shall be recorded in the registry during the time the suspension is in force.

(e) A copy of the registry shall be provided to anyone requesting it.

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PART He-C 606 WRITTEN EXAMINATION

He-C 606.01 Written Examination.

(a) As a requirement for certification as an alcohol and drug abuse counselor, the applicant shall take and receive a passing grade on the "International Certification Examination for Alcohol and Drug Abuse Counselors," as administered by Columbia Assessment Services, Inc., 3725 National Drive, Suite 213, Raleigh, North Carolina 27612.

(b) A passing grade on the written examination shall be established by the International Certification Reciprocity Consortium/Alcohol and Other Drug Abuse, Inc., of which New Hampshire is a member.

(c) The fee for the written examination shall be $75.00.

(d) Any person who wishes to apply for certification shall register to take the written examination by contacting the director in writing, together with the required fee in the form of a personal check, money order, or cash, and requesting to register for one of the 4 annual administrations of the examination, which are held in March, June, September and December at the central office of OADAP.

(e) An applicant whose request is received no later than 30 days prior to any scheduled examination administration shall be scheduled to take that examination, or if the request is received later, the applicant shall be scheduled for the next available administration.

(f) An applicant may register and take the examination as many times as may be required to achieve a passing grade, and shall be required to pay the fee for each examination as he or she may take.

(g) Upon receipt of the request to take the examination, the director shall issue an examination registration ticket listing the date, time and place of the examination, and a copy of the candidate guide furnished by Columbia Assessment Services, Inc.

(h) An applicant may take the written examination at any time, however, an application for certification shall not be considered complete for the purposes of filing until OADAP is notified by Columbia Assessment Services, Inc. that the applicant has received a passing grade on the written examination.

(i) On the day of the examination administration, the applicant shall present his or her examination registration ticket and another form of identification that has a photograph on it to the examination proctor.

(j) Immediately after the written examinations are completed, the proctor shall seal the examinations in a package which shall be sent to Columbia Assessment Services for grading, and the results will be sent directly by Columbia Assessment Services to OADAP.

(k) Upon their receipt, OADAP shall send a copy of the test results to each applicant.

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PART He-C 607 APPROVED TRAINING AND EDUCATION

He-C 607.01 Training and Education Provided by Institutions of Higher Learning. A course, seminar, or other event conducted or sponsored by any college, university, or school permitted to grant degrees in the disciplines of life science, biological sciences, sociology, psychology, or public health shall be considered to be approved for the purposes of these rules if the content of the event is in any of the 5 performance domains of assessment, counseling, case management, education, or professional responsibility.

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He-C 607.02 Training and Education Pre-Approval Process.

(a) Any program, agency, institution, or other entity providing training and education, or any person sponsoring an educational event, may request pre-approval of a specific continuing education event from the director.

(b) To be considered for pre-approval, the event shall consist of at least 2 hours of presentation time.

(c) Any hours spent in home study by attendees to prepare for the event shall not be included in the approval.

(d) The content of the event shall bear a direct relationship to the 5 performance domains of assessment, counseling, case management, education, and professional responsibility.

(e) A request for pre-approval of an educational event shall be made in writing to the director, prior to the event, and shall contain the following information:

(1) The title of the event;

(2) The stated goals and objectives of the event;

(3) The name(s) and qualifications of presenters at the event; and

(4) The number of hours of presentation of the event.

(f) The director shall review the request for compliance with these rules.

(g) If the request is in compliance, the director shall approve the request and issue an approval for the number of hours being approved.

(h) If the request does not comply, the director shall deny the request.

(i) The director shall notify the requesting entity of approval or denial within 10 days of his/her decision.

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PART He-C 608 APPLICATION PROCESS FOR ALCOHOL AND DRUG ABUSE COUNSELOR CERTIFICATION

He-C 608.01 Application Process for Certification as an Alcohol and Drug Abuse Counselor. Any person who wishes to be certified in New Hampshire as an alcohol and drug abuse counselor shall apply for a certificate by:

(a) Passing the written examination;

(b) Providing all required information on the application form;

(c) Ensuring that required portions of the application form are completed by his or her employer(s), supervisor(s), and peers;

(d) Filing the application form with the director together with the required fee; and

(e) Passing an oral interview conducted according to the Case Presentation Method copyrighted and validated by ICRC/AODA, Inc., and incorporated by reference in He-C 613.

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He-C 608.02 Availability of Application Form. The "Application Packet for Alcohol and Drug Abuse Counselor Certification shall be available on written request from the director.

He-C 608.03 Application Fee. An application fee of $100.00 shall accompany each completed application for alcohol and drug abuse counselor certification.

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He-C 608.04 Completeness of Application Form for Purposes of Filing. The application shall not be considered complete for the purposes of filing until:

(a) The 2 professional reference forms have been received by the director;

(b) The counselor evaluation form has been received by the director; and

(c) All verification of employment forms have been received by the director.

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He-C 608.05 Personal Information to be Documented on Application Form. The applicant shall provide:

(a) His or her name, address, home telephone number, and date of birth;

(b) His or her current employer's name, address, and telephone number;

(c) His or her current job title and description of duties;

(d) The name and address of his or her clinical supervisor; and

(e) The name and address of his or her administrative supervisor.

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He-C 608.06 Professional Reference Form from Application Packet. The applicant shall:

(a) List the names and addresses of 2 professionals in the human services field whom the applicant has asked to complete the professional reference forms contained in the packet; and

(b) Forward a copy of the professional reference form to the 2 professionals listed and request that they complete and forward the form to the director within one week.

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He-C 608.07 Confidential Counselor Evaluation Form from Application Packet. The applicant shall forward the confidential counselor evaluation form included in the application packet to his or her current clinical supervisor, and request that it be completed and forwarded within one week to the director.

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He-C 608.08 Verification of Employment Form from Application Packet. The applicant shall forward a copy of the verification of employment form included in the application packet to each employer, whether present or former, listed by the applicant in documenting the work experience required in this part.

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He-C 608.09 Written Case Presentation.

(a) The applicant shall write a case presentation according to the directions established in these rules and shall include the written case presentation with the application when forwarding it to the director.

(b) The case presentation shall be a written document created by the applicant that describes the utilization of the counselor core functions with an actual client from a closed case file and constitutes a synopsis of the counselor's facilitation of a client's journey from requesting treatment to discharge and aftercare.

(c) The case presentation shall be typed and shall be submitted with one original and 4 copies with the application packet.

(d) The subject of the written case presentation shall be an actual and typical client from case files, one who has completed treatment or is no longer obtaining services from the applicant.

(e) The applicant shall use care to protect the identity of the client and use a fictitious name for the client.

(f) Demographic information on the client shall be provided, including:

(1) Fictional name;

(2) Age at admission;

(3) Race;

(4) Sex;

(5) Marital status;

(6) Occupation;

(7) Referral source;

(8) Admission date;

(9) Discharge date; and

(10) Treatment setting and modality.

(g) The body of the case presentation shall address the following items, in order:

(1) Substance abuse history, including substances used, frequency, progression, severity/amount used, onset/when started, primary substance, route of administration, and effects;

(2) Psychological functioning, including mental status;

(3) Educational, vocational, and financial history, including educational and work history, educational level, disciplinary action, reasons for termination, and current and past financial status;

(4) Legal history, including charges, arrests, convictions, current status, and pending legal matters;

(5) Social history, including parents, siblings/rank, psychological functioning in family, substance use in family, history of social functioning from childhood to present, family functioning, relationship history, and children;

(6) Physical history, including both alcohol and drug problems, major medical problems, sexually transmitted diseases, and drug-related problems;

(7) Treatment history for alcohol, drug, and psychological conditions;

(8) An assessment that identifies and evaluates the client's strengths, weaknesses, problems and needs for the development of the treatment plan;

(9) A treatment plan that identifies and ranks problems needing resolution, establishes agreed-upon immediate and long-term goals, and decides on a treatment process and the resources to be utilized;

(10) A course of treatment that describes the counseling approaches used with the client, the rationale for their use and any revisions made based on the client's unique problems and responses to treatment; and

(11) A discharge summary including a concise description of the client's overall response to treatment including alcohol/drug status at discharge.

(h) Items listed in (g)(1) through (11) above shall be provided by specifying the letter and subheading as a title for each section of the case presentation, and providing a narrative for each section.

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He-C 608.10 Ethics Requirement.

(a) The applicant shall demonstrate that he or she is of good character, can be relied upon to practice competently, safely and honestly, and will adhere to the code of conduct adopted in these rules.

(b) The applicant shall be deemed to be in compliance with (a) above if:

(1) He or she has signed the assurance statement in the application form; and

(2) No false information was submitted to the director in support of his/her application.

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He-C 608.11 Assurances. By signing the application form, the applicant shall thereby agree:

(a) To comply with the New Hampshire alcohol and drug counselor professional code of conduct as adopted in He-C 612; and

(b) That he or she prepared the case presentation submitted with the application packet and that the case presentation represents an actual client from the applicant's case files, one who has completed treatment or is no longer obtaining services.

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He-C 608.12 Form of Training and Education Documentation. The following information shall be provided by the applicant on the application form or otherwise documented by the applicant:

(a) For any pre-approved events, the applicant shall document the title of the event, the number of hours attended, and a certificate of attendance; and

(b) In addition, in the case of any event being submitted by the applicant that has not been pre-approved pursuant to He-C 607, the applicant shall submit a course outline, course description, the stated goals and objectives of the event, and the name(s) and qualifications of the presenters at the event.

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He-C 608.13 Training and Education to be Documented by the Applicant for Alcohol and Drug Abuse Counselor Certification. The applicant for alcohol and drug abuse counselor certification shall document that he or she has participated in at least 270 hours of approved classes, workshops, seminars, or in-service education in the practice and the ethics of counseling, broken down as follows:

(a) At least 24 of these hours shall have been obtained within the 12 months immediately preceding the date of application filing;

(b) A maximum of 10 of these hours may be from educational events where the applicant served as a presenter;

(c) A minimum of 6 of these hours shall be in the ethics of counseling, including, but not limited to, legal duties, client welfare and development, boundaries of the therapeutic relationship, financial issues, personal wellness, and duties to other counselors and institutions;

(d) A minimum of 6 of these hours shall deal with HIV issues, AIDS, TB as it relates to substance abuse risk factors, and prevention of infection and transmission of these diseases;

(e) A minimum of 105 of these hours shall be in the counselor core functions of client screening, client intake, client orientation, problem assessment, treatment planning, counseling, case management, crisis intervention, client education, referral, recordkeeping, and consultation; and

(f) The balance of the required hours may be in any of the 5 performance domains of assessment, counseling, case management, education, or professional responsibility.

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He-C 608.14 Clinically Supervised Practical Training to be Documented by Applicant for Alcohol and Drug Abuse Counselor Certification. The applicant for alcohol and drug abuse counselor certification shall document that he or she has participated in a minimum of 300 hours of clinically supervised practical training, broken down as follows:

(a) At least 10 hours in each of the counselor core functions of screening, intake, orientation, assessment, treatment planning, counseling, case management, crisis intervention, client education, referral, report writing and recordkeeping, and consultation;

(b) The balance, if any, may be in any of the counselor core functions; and

(c) A minimum of 30 hours shall have been spent with the applicant's clinical supervisor.

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He-C 608.15 Acceptable Supervision. In order for the hours of clinically supervised practical training documented by applicants for alcohol and drug abuse counselor certification to be accepted by the director, the applicant's supervisor during such hours shall have been either:

(a) A certified supervisor under the ICRC supervisor certification process;

(b) An MSW, an R.N., a psychiatrist, a psychologist, any other mental health practitioner; or

(c) A certified alcohol and drug abuse counselor who has been certified for a minimum of 2 years prior to the time period being documented by the applicant, unless he or she was functioning in a supervisory capacity prior to certification.

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He-C 608.16 Supervised Counseling Experience to be Documented by Applicant for Alcohol and Drug Abuse Counselor Certification.

(a) The applicant for alcohol and drug abuse counselor certification shall document that he or she has obtained a minimum of 6,000 hours or 3 years full-time of supervised counseling experience.

(b) The experience may be in one or more facilities under one or more supervisors, provided that at least 1,000 hours or 6 months full-time shall have been served in one facility under one supervisor.

(c) Actual time spent in a recognized counselor internship arranged by an institution of higher learning may be substituted on an hour for hour basis for up to 2,000 hours or one year full-time of the supervised counseling experience requirement.

(d) The required 6,000 hours of experience shall have been obtained within the 8 years immediately prior to filing the application.

(e) The required 6,000 hours shall be broken down as follows:

(1) A minimum of 2,000 hours or one year full-time of the experience shall be in the area of alcohol;

(2) A minimum of 2,000 hours or one year full-time shall be in the area of drugs other than alcohol;

(3) A minimum of 1,500 hours of the experience shall be in direct counseling service in at least 2 of the following categories:

a. Individual counseling;

b. Group counseling; and

c. Family and/or significant other counseling.

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He-C 608.17 Filing of Application Form.

(a) After completing the applicant portion of the form, the applicant for alcohol and drug abuse counselor certification shall send the application with the required fee to the director.

(b) Within 60 days of the receipt of an application, the director or his or her staff designee shall examine the application for errors or omissions, and if the application is found to be complete, the director shall file the application.

(c) The director shall not accept for filing an application which:

(1) Is not signed by the applicant;

(2) Is not accompanied by a valid check, money order, or cash for the application fee; or

(3) Fails to contain all required documentation or fails to provide a required item of information.

(d) If the application is incomplete because the required employment verification, confidential counselor evaluation, or professional reference forms have not yet been received, the director shall hold the application pending receipt of such forms, and upon their receipt, shall file the application.

(e) Applications which are not accepted for filing shall be returned in their entirety to the applicant together with a brief statement of the reason(s) why the application was not accepted for filing, and the name, address, and telephone of a contact person at OADAP who can respond to the applicant's questions.

(f) The director shall acknowledge receipt of the application within 10 working days of the date the application has been accepted for filing.

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He-C 608.18 Peer Review. Within 10 days of the filing of an application for alcohol and drug abuse counselor certification, the director shall request 3 peers from the list of trained peers to conduct the oral interview according to the Case Presentation Method copyrighted by the ICRC/AODA, Inc. and incorporated by reference in He-C 613.01, and to report the results of said review to the director.

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He-C 608.19 Time Limit to Act on Applications. The director shall act upon an application for certification within 120 days of filing.

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He-C 608.20 Decision by the Director to Grant Certification. The director shall grant certification if the applicant:

(a) Has fulfilled the requirements for experience, training and education, and clinically supervised practical training established in these rules; and

(b) Has demonstrated proficiency in the delivery of counseling services by successful presentation of a case study in written form as defended in a subsequent oral interview.

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He-C 608.21 Use of Acronyms and Titles. An alcohol and drug abuse counselor certified under these rules may use "CADAC" and/or "Certified Alcohol and Drug Abuse Counselor" after his or her name to denote his or her professional designation.

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He-C 608.22 Decision by the Director to Deny Certification. The director shall deny the application for certification if the applicant:

(a) Fails to fulfill the requirements for experience, training and education, and clinically supervised practical training established in these rules; or

(b) Fails to demonstrate proficiency in the delivery of counseling services by successful presentation of a case study in written form as defended in a subsequent oral interview.

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He-C 608.23 Notification of Applicant of Director's Decision.

(a) The director shall notify the applicant within 10 days of the decision to grant or deny certification.

(b) If the director's decision is to deny certification, such notification shall be made by certified mail.

(c) The notice of denial shall state the reason(s) for denial and shall state that the applicant may reapply for certification at any time in the future if he or she feels he or she has obtained the experience, training, or level of competence which was lacking at the time of denial.

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He-C 608.24 Reapplication.

(a) Any applicant who does not achieve a passing score on the oral interview may request to take the oral interview again by submitting a request in writing to the director to be scheduled for another oral interview at the earliest date on which oral interviews are being conducted.

(b) The applicant who reapplies to take the oral interview may reuse any parts of his or her application that meet the requirements of these rules.

(c) If any parts of the application are outdated, the applicant shall furnish whatever new documentation is necessary to meet the requirements of these rules.

(d) The applicant shall not be required to pay additional application fees to reapply and retake the oral interview.

(e) The applicant may take the oral interview as many times as he or she wishes in order to achieve a passing grade.

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He-C 608.25 Appeal of Decision to Deny Application for Certification. If the application for certification is denied, the applicant may submit a written request within 10 days of the date of the notice of denial for a waiver from the application of a rule or to commence an adjudicatory proceeding according to the provisions of He-A 200.

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PART He-C 609 CERTIFICATION BY RECIPROCITY

He-C 609.01 Application Process. The director shall grant certification as a New Hampshire alcohol and drug abuse counselor to any applicant who presents a current certificate as an alcohol and drug abuse counselor from any other state which is a member of the ICRC/AODA, Inc. Consortium, in accordance with the following procedure:

(a) The applicant shall arrange, at his or her own expense, for documentation of his or her certification in another state to be sent to the director, such arrangements being made through ICRC/AODA, Inc;

(b) The form to have the certifying state forward this documentation, incorporated by reference in He-C 613.02, may be obtained from the director at no charge; and

(c) Upon receipt of documentation of current certification in another state which is a member of the ICRC/AODA, Inc., the director shall grant certification to the applicant.

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He-C 609.02 Period of Reciprocal Certification. Certification by reciprocity shall be issued for a period not to exceed the expiration of the certificate in the originating state, or 2 calendar years, whichever is shorter.

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He-C 609.03 Recertification. After the initial certification period of a certificate granted reciprocally, the certified counselor shall be required to meet the requirements for recertification and apply for recertification as any counselor certified under these rules.

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PART He-C 610 EXPIRATION AND LAPSE OF CERTIFICATION

He-C 610.01 Expiration of Certificate. Certification shall expire automatically on the date which is 2 calendar years from the date on which certification was originally granted by the director unless the certificate is sooner renewed, revoked, or suspended.

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He-C 610.02 Lapse of Certification. If a certified counselor fails to apply for recertification under these rules, thus allowing the certificate to expire, the certificate shall be considered to have lapsed, and if the counselor wishes to be certified at any time in the future, he or she shall apply for certification anew and shall take the written examination and oral examination, and complete all appropriate application forms.

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PART He-C 611 RECERTIFICATION

He-C 611.01 Petition for Waiver from Application of Rule. Any certified counselor aggrieved by the requirements for recertification shall first request that the director consider granting a waiver as established in He-A 203.02, request for waiver from application of rules.

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He-C 611.02 Required Approved Training and Education for Recertification.

(a) As a condition of recertification, the certified counselor shall participate in at least 48 hours of approved continuing education, or training and education that meets the requirements listed in He-C 607, during his or her current 2-year certification period.

(b) A certified counselor shall be responsible for maintaining his or her own records to document compliance with the training and education requirements for recertification.

(c) A maximum of 10 hours of training and education may be from an educational event where the applicant served as a presenter.

(d) Correspondence courses or home study courses shall not be accepted toward the continuing education requirement.

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He-C 611.03 Recertification Process.

(a) The director shall forward to the counselor an application form for recertification 90 days prior to the expiration of any certificate, a notice of the certification expiration date and instructions for applying for recertification.

(b) The fee for recertification shall be $50.00.

(c) The following information shall be documented by the applicant on the application from or otherwise provided by the applicant:

(1) Applicant's name, address, home telephone number, date of birth and social security number;

(2) A summary of the required 48 hours of continuing education the counselor attended, specifying the number of hours within each performance domain;

(3) For any pre-approved events, the counselor shall submit the title of the event, the number of hours attended, and a certificate of attendance; and

(4) In addition, in the case of any event being used by the counselor toward recertification that has not been approved pursuant to He-C 607, the counselor shall submit a course outline, course description, the stated goals and objectives of the event, the name(s) and qualifications of the presenters at the event, and the number of hours of presentation at the event.

(d) By signing the application form, the applicant shall thereby agree to comply with the New Hampshire alcohol and drug abuse counselor professional code of conduct as adopted in He-C 612.

(e) The certified counselor shall forward the completed recertification application form, together with the required fee and copies of certificates of completion, to the director, a minimum of 60 days prior to the expiration date of the certificate.

(f) The director shall review the application within 30 days of its receipt to determine if it meets all the requirements of these rules.

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He-C 611.04 Denial of Recertification.

(a) The director shall deny an application for recertification if it does not meet all of the requirements for recertification as established in these rules.

(b) The director shall notify the applicant of the decision to deny recertification within 10 days of said decision.

(c) Any person aggrieved by the decision of the director to deny recertification who wishes to appeal the decision shall submit a written request within 10 days of receipt of the notice of said decision, requesting to commence an adjudicatory proceeding pursuant to He-A 200.

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He-C 611.05 Granting of Recertification.

(a) The director shall grant an application for recertification if it meets all of the requirements for recertification as established in these rules.

(b) During each recertification period, the counselor shall obtain an additional 48 hours of continuing education in order to be again recertified, and shall apply for recertification as established in these rules.

(c) Of each 48 hours of continuing education used toward recertification, a maximum of 10 hours may be from an educational event where the applicant served as a presenter.

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PART He-C 612 NEW HAMPSHIRE ALCOHOL AND DRUG ABUSE COUNSELOR CODE OF CONDUCT

He-C 612.01 Assurances.

(a) An applicant for certification or recertification as an alcohol and drug abuse counselor, by virtue of signing the application form, shall thereby agree to comply with the rules and the code of conduct adopted under this chapter.

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He-C 612.02 New Hampshire Alcohol and Drug Abuse Counselor Code of Conduct.

(a) With regard to quality of care, the counselor shall make a commitment to provide the highest quality of care for the client.

(b) With regard to non-discrimination, the counselor shall not discriminate against any client or other professional based on race, color, religion, age, sex, marital status, national origin, ancestry, sexual orientation, or mental or physical disability.

(c) With regard to professional responsibility, the counselor shall:

(1) Exercise professional judgment;

(2) Maintain the best interest of the client; and

(3) Assist the client to help him or herself toward the primary goal of recovery;

(d) With regard to professional competence, the counselor shall:

(1) Provide competent professional service to the client;

(2) Participate in ongoing professional education to maintain state-of-the-art knowledge and skill;

(3) Be responsible for his or her conduct in all areas of professional life;

(4) Maintain physical, mental and emotional well-being;

(5) Recognize personal and professional boundaries and limitations;

(6) Seek the advice and counsel of colleagues and supervisors whenever such consultation is in the best interest of the client; and

(7) Recognize the effect of impairment on professional performance and be willing to seek appropriate treatment when necessary;

(e) With regard to professional standards, the counselor shall:

(1) Maintain the highest professional standards;

(2) Respect institutional policies and management functions within agencies and institutions, and provide initiative toward improving institutional policies and management functions;

(3) Not claim or imply professional knowledge, qualifications, certifications, or affiliations that he or she does not possess; and

(4) Not lend his or her name to, or participate in, any professional and/or business relationship which may misrepresent or mislead the public in any way.

(f) With regard to professional obligation to the public, the counselor shall not state or imply a higher degree of knowledge and/or insight into alcoholism and drug abuse than would be available through similarly situated and/or trained professionals.

(g) With regard to publications, the counselor shall preserve the integrity of the profession by acknowledging and documenting any materials and/or techniques used in creating his or her opinions; or in writing, editing, or publishing papers, pamphlets or books.

(h) With regard to client welfare, the counselor shall:

(1) Place the best interest of the client before conflicting professional commitments or professional gain;

(2) Always strive to provide an appropriate setting for clinical work; and

(3) Provide a supportive environment for any client having special needs;

(i) With regard to confidentiality, the counselor shall:

(1) Not reveal information relating to a client unless the client consents to such release of information in writing and after consultation with the counselor; and

(2) Strive to preserve client records and information regardless of the media used to store such information.

(j) With regard to client and public safety, notwithstanding confidentiality regulations, the counselor may reveal confidential information to public authorities or other professionals to the extent that he or she reasonably believes necessary to prevent a client from serious harm whether self-inflicted or inflicted upon a third person, or where the client is in imminent danger, or in danger of injuring another person.

(k) With regard to client relationships, the counselor shall:

(1) Respect and maintain an objective, non-possessive, non-personal, professional relationship with the client at all times;

(2) Obtain the client's permission for recording a session, for involving any third party in a session, or for releasing any information pertaining to the client;

(3) Not enter into a business relationship with the client during the therapeutic relationship;

(4) Not enter into a business relationship with any other person if doing so would adversely affect the client;

(5) Not engage in any sexual activity with a client;

(6) When it is in the best interests of a client, release or refer the client to other programs or individuals as dictated by professional standards and good clinical practice;

(7) Not enter into a counseling relationship with a client if the counselor's own responsibilities to or relationship with a third person would adversely affect the client; and

(8) Not enter into a personal relationship with a former client within one year following the termination of the therapeutic relationship;

(l) With regard to professional integrity, the counselor shall:

(1) Cooperate with and adhere to the New Hampshire alcohol and drug counselor code of conduct;

(2) Never knowingly make a false statement to the New Hampshire office of alcohol and drug abuse prevention;

(3) Promptly report violations of this professional code of conduct by other counselors to the New Hampshire office of alcohol and drug abuse prevention; and

(4) Disclose to the New Hampshire office of alcohol and drug abuse prevention any material fact which could adversely affect a counselor-client relationship;

(m) With regard to remuneration, the counselor shall:

(1) Establish reasonable financial arrangements based on the fees customarily charged in his or her locality for similar services; and

(2) Not accept fees or gratuities for professional work from a client whose fees are being paid through an institution and/or agency and who is otherwise entitled to such services.

(n) With regard to professional promotion, the counselor shall strive to maintain and promote the integrity and advancement of the alcohol and drug counselor profession.

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PART He-C 613 ICRC/AODA, INC. MATERIALS INCORPORATED BY REFERENCE

He-C 613.01 Case Presentation Method Trainer Manual and Case Presentation Method Trainee Manual. The "Case Presentation Method Trainee Manual" and the "Case Presentation Trainer manual," copyright 1993 by ICRC/AODA, and available for inspection at the central office of OADAP, are hereby incorporated by reference to serve as a logical and analytical basis for the oral examination's validity, including a weighted set of global criteria that provide the structure for scoring the oral examination, specific requirements for the written case presentation, and the pool of questions to be used during the oral examination; and to establish an appropriate evaluator training program.

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He-C 613.02 Application for Counselor Reciprocity. The Application for Counselor Reciprocity developed by ICRC/AODA, 3725 National Drive, Suite 213, Raleigh, NC 27612, is hereby incorporated by reference to allow counselors certified by other states in the consortium to apply for reciprocal certification in New Hampshire.

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