TITLE 839 BEHAVIORAL HEALTH AND HUMAN SERVICES LICENSING BOARD
Proposed Rule
LSA Document #11-676
DIGEST
Amends
839 IAC 1-1-4,
839 IAC 1-2-1 through
839 IAC 1-2-2.1,
839 IAC 1-2-5,
839 IAC 1-5-1,
839 IAC 1-5-2,
839 IAC 1-5-3, and
839 IAC 1-6-1 through
839 IAC 1-6-3 and adds
839 IAC 1-1-6,
839 IAC 1-1-7,
839 IAC 1-1-8, and
839 IAC 1-5.5 to implement changes in accordance with the requirements of
IC 25-23.6-8.5 allowing for the establishment of educational, experience, licensing, fees, and continuing education requirements for mental health counselor associates and with the requirements of
IC 25-23.6-10.5 allowing for the establishment of educational, experience, licensing, and continuing education requirements for addiction counselors and clinical addiction counselors. Effective 30 days after filing with the Publisher.
Authority:
IC 25-23.6-2-8
Sec. 4. "Practitioner" means:
(1) a social worker;
(2) a clinical social worker;
(3) a marriage and family therapist; or
(4) a marriage and family therapist associate;
(5) an addiction counselor;
(6) a clinical addiction counselor;
(7) a mental health counselor; or
(8) a mental health counselor associate;
Authority:
IC 25-23.6-2-8
Sec. 6. "LAC" means a licensed addiction counselor licensed under IC 25-23.6.
(Behavioral Health and Human Services Licensing Board; 839 IAC 1-1-6)
Authority:
IC 25-23.6-2-8
Sec. 7. "LCAC" means a licensed clinical addiction counselor licensed under IC 25-23.6.
(Behavioral Health and Human Services Licensing Board; 839 IAC 1-1-7)
Authority:
IC 25-23.6-2-8
Sec. 8. "LMHCA" means a licensed mental health counselor associate licensed under IC 25-23.6.
(Behavioral Health and Human Services Licensing Board; 839 IAC 1-1-8)
839 IAC 1-2-1 Application by examination
Authority:
IC 25-23.6-2-8
Sec. 1. (a) An applicant for licensure as a social worker, clinical social worker, marriage and family therapist,
or marriage and family therapist associate, addiction counselor, clinical addiction counselor, mental health counselor,
or mental health counselor associate shall:
(1) make application in writing on forms provided by the board; and shall
(b) Applicants for licensure as a social worker shall be required to pass the intermediate level of the national examination as provided by the Association of Social Work Boards.
(c) Applicants for licensure as a clinical social worker shall be required to pass the clinical level of the national examination as provided by the Association of Social Work Boards.
(d) Applicants for licensure as a marriage and family therapist or marriage and family therapist associate shall be required to pass the national examination as provided by the Association of Marital and Family Therapy Regulatory Boards.
(e) Applicants for licensure as a mental health counselor shall be required to pass the National Clinical Mental Health Counselor Examination as provided by the National Board for Certified Counselors.
(f) Applicants for licensure as a mental health counselor associate shall be required to pass the examination provided for mental health counselor associates by a testing service selected by the board.
(g) Applicants for licensure as an addiction counselor shall be required to pass the examination provided for addiction counselors by a testing service selected by the board.
(h) Applicants for licensure as a clinical addiction counselor shall be required to pass the examination provided for clinical addiction counselors by a testing service selected by the board.
(f) (i) All applications for the Licensed Social Worker LSW and Licensed Clinical Social Worker LCSW examination must be complete in every respect, including accompanying data and the required fee.
(g) (j) All applications for the Licensed Mental Health Counselor, and Licensed Marriage and Family Therapist, LMHC, LMHCA, LMFT, LMFTA, LAC, and LCAC examination must be complete in every respect, including accompanying data and the required fee, and filed with the board at least ninety (90) days prior to the examination for which application is being made.
(Behavioral Health and Human Services Licensing Board; 839 IAC 1-2-1; filed Jul 1, 1992, 12:00 p.m.: 15 IR 2456; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1504; readopted filed Dec 2, 2001, 12:30 p.m.: 25 IR 1308; readopted filed Sep 26, 2008, 10:50 a.m.: 20081015-IR-839080337RFA; filed Jun 29, 2011, 9:12 a.m.: 20110727-IR-839090811FRA)
Authority:
IC 25-23.6-2-8
Sec. 2. (a) A license to practice as a:
(1) social worker;
(2) clinical social worker;
(3) marriage and family therapist;
(4) marriage and family therapist associate; or
(5) mental health counselor;
(6) mental health counselor associate;
(7) addiction counselor; or
(8) clinical addiction counselor;
will expire on April 1 of even-numbered years.
(b) Applicants for renewal of licensure shall pay a renewal fee.
(c) Applications for renewal shall be mailed to the last known address of the practitioner. Failure to receive the application for renewal shall not relieve the practitioner of the responsibility for renewing the license by the renewal date.
(d) It is the responsibility of the practitioner to notify the Indiana professional licensing agency of an address change.
(e) A marriage and family therapist associate license can be renewed two (2) times. Additional renewals may be granted at the discretion of the board.
(f) If a license to practice social work, clinical social work, marriage and family therapy, or mental health counseling has been expired for longer than three (3) years, the practitioner may renew the license by meeting the following requirements:
(1) File a renewal application provided by the board.
(2) Pay current renewal fees.
(3) Pay a penalty fee for late renewal.
(4) Submit a detailed letter of explanation to the board as to why the license has lapsed.
(5) Submit proof of having met the continuing education requirements for one (1) renewal cycle within the previous twenty-four (24) months.
(6) Make a personal appearance before the board, as the board in its discretion may require.
(7) Pass the national examination, as the board in its discretion may require.
(g) If a marriage and family therapist associate license has been expired for longer than one (1) year, the practitioner may not renew the license and will have to reapply as a new applicant.
(Behavioral Health and Human Services Licensing Board; 839 IAC 1-2-2; filed Jul 1, 1992, 12:00 p.m.: 15 IR 2456; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1504; readopted filed Dec 2, 2001, 12:30 p.m.: 25 IR 1308; readopted filed Sep 26, 2008, 10:50 a.m.: 20081015-IR-839080337RFA; filed Jun 29, 2011, 9:12 a.m.: 20110727-IR-839090811FRA)
Authority:
IC 25-23.6-2-8
Sec. 2.1. (a) An individual who:
(1) is licensed to practice:
(A) social work;
(B) clinical social work;
(C) marriage and family therapy; or
(D) mental health counseling;
(E) addiction counseling; or
(F) clinical addiction counseling; and who
(2) would like to retire the license;
shall notify the board in writing when the individual retires from practice.
(b) An individual who has placed
their his or her license in retirement may not practice as:
(1) a social worker;
(2) a clinical social worker;
(3) a marriage and family therapist; or
(4) a mental health counselor;
(5) an addiction counselor; or
(6) a clinical addiction counselor;
until the license has been reinstated by the board.
(c) In order to reinstate a retired license, an individual shall do the following:
(1) Complete a retirement reinstatement application, provided by the board, which must be approved by the board.
(2) Pay a reinstatement fee established by the board.
(3) Submit proof of continuing education requirements, as outlined by the board, depending on the number of years the license has been in retirement as follows:
(A) Zero (0) to three (3) years, twenty (20) hours of continuing education shall be required and must be completed within twelve (12) months prior to the petition for reinstatement.
(B) Three (3) to six (6) years, forty (40) hours of continuing education shall be required and must be completed within twenty-four (24) months prior to the petition for reinstatement.
(C) Six (6) to ten (10) years, sixty (60) hours of continuing education shall be required and must be completed within thirty-six (36) months prior to the petition for reinstatement.
(D) Ten (10) years or more shall require board determination of the continuing education needed and may require a personal appearance before the board prior to reinstatement.
(E) Retirement years shall be calculated from the receipt of request to retire the license until reinstatement of the license.
Authority:
IC 25-1-8-2;
IC 25-23.6-2-8
Sec. 5. (a) Candidates for examination shall pay the examination fee directly to the examination service.
(b) The application/issuance fee for licensure to practice as:
(1) a social worker;
(2) a clinical social worker;
(3) a marriage and family therapist;
(4) a marriage and family therapist associate;
(5) a mental health counselor;
(6) a mental health counselor associate;
(6) (7) an addiction counselor; or
(7) (8) a clinical addiction counselor;
shall be fifty dollars ($50).
(c) The fee for issuance of a temporary permit shall be twenty-five dollars ($25).
(d) The fee for verification of licensure to another state or jurisdiction shall be ten dollars ($10).
(e) The fee for renewal of a license to practice as:
(1) a social worker;
(2) a clinical social worker;
(3) a marriage and family therapist;
(4) a marriage and family therapist associate;
(5) a mental health counselor;
(6) a mental health counselor associate;
(6) (7) an addiction counselor; or
(7) (8) a clinical addiction counselor;
shall be fifty dollars ($50) biennially.
(f) The fee for reinstatement of a retired license to practice as:
(1) a social worker;
(2) a clinical social worker;
(3) a marriage and family therapist;
(4) a mental health counselor;
(5) an addiction counselor; or
(6) a clinical addiction counselor;
shall be fifty dollars ($50).
(g) The application fee for approval as a sponsor of continuing education shall be fifty dollars ($50).
(h) The renewal fee for approval to sponsor continuing education shall be fifty dollars ($50) biennially.
(i) The fee for a duplicate wall certificate shall be ten dollars ($10).
(j) The penalty fee for late renewal, and any additional Indiana professional licensing agency administrative fees, shall be set in accordance with the Indiana professional licensing agency fee schedule.
(k) All application fees are nonrefundable.
(Behavioral Health and Human Services Licensing Board; 839 IAC 1-2-5; filed Nov 4, 1992, 5:00 p.m.: 16 IR 870; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1505; readopted filed Dec 2, 2001, 12:35 p.m.: 25 IR 1307; filed Apr 9, 2003, 3:00 p.m.: 26 IR 2623; readopted filed Dec 1, 2009, 9:12 a.m.: 20091223-IR-839090777RFA; filed Jun 3, 2010, 3:17 p.m.: 20100630-IR-839090796FRA) NOTE: 839 IAC 1-2-6 was renumbered by Legislative Services Agency as 839 IAC 1-2-5.
839 IAC 1-5-1 Educational requirements for mental health counselors and mental health counselor associates
Authority:
IC 25-23.6-2-8
Sec. 1. (a) As used in
IC 25-23.6-8.5-1, "master's degree in an area related to mental health counseling" means a degree earned in one (1) of the following programs:
(1) Clinical social work.
(2) Psychology.
(3) Human services.
(4) Human development.
(5) Family relations.
(6) Counseling.
(7) Programs accredited by the Council for Accreditation of Counseling and Related Education Programs (CACREP) or the Council on Rehabilitation Education (CORE).
(b) An applicant for licensure as a mental health counselor
or mental health counselor associate with a graduate degree not listed in subsection (a), or an applicant asserting that his or her program is equivalent to a program in counseling whose content areas are listed in
IC 25-23.6-8.5-3, must provide the board with the following information:
(1) Evidence that their degree program and any additional course work are equivalent to the criteria for a graduate degree in counseling as set forth in this section.
(2) An official college transcript.
(3) Appropriate certifications or affidavits from university officials.
(4) Any additional supporting documentation as requested by the board.
(c) As used in
IC 25-23.6-8.5-2, "regional accrediting body" means a college or university that was accredited prior to or within two (2) years of the time of the applicant's graduation by one (1) of the following:
(1) New England Association of Schools and Colleges.
(2) Middle States Association of Colleges and Schools.
(3) North Central Association of Colleges and Schools.
(4) Northwest Association of Schools and Colleges.
(5) Southern Association of Schools and Colleges.
(6) Western Association of Schools and Colleges.
(d) An applicant for licensure as a mental health counselor
or mental health counselor associate under
IC 25-23.6-8.5 must show successful completion of a degree curriculum that shall encompass a minimum of forty-eight (48) semester hours or seventy-two (72) quarter hours of graduate study for the master's degree or a minimum of ninety-six (96) semester hours or one hundred forty-four (144) quarter hours of graduate study for the doctoral degree. If the course titles as stated on the transcript do not clearly reflect the course work content areas as listed in
IC 25-23.6-8.5-3, the applicant must document the course or combination of courses in which the material was covered. Further, the applicant for licensure shall document a minimum of sixty (60) semester hours or ninety (90) quarter hours of graduate credit in mental health counseling or a related field. Only graduate level courses are acceptable for establishing equivalency. The board will not accept course work counted or credited toward an undergraduate degree.
(e) The following criteria shall be used to identify a master's or doctoral program in counseling or an area related to mental health counseling:
(1) The program, wherever it may be housed, shall:
(A) be clearly identified as a counseling program in pertinent catalogs and brochures; and shall
(B) specify the program's intent to educate and train counselors.
(2) There shall be a clear authority and primary responsibility for the core and specialty areas, whether or not the program cuts across administrative lines.
(3) The program shall have
the following:
(A) An identifiable mental health professional responsible for the program.
(4) The program shall have (B) An integrated, organized sequence of study that follows the CACREP standards.
(5) The program shall have (C) An identifiable body of students who are matriculated in that program for a degree.
(6) (4) The program shall include a supervised practicum and internship.
(7) (5) The degree program may or may not include an advanced internship. However, the advanced internship must be conducted in a setting focused on mental health counseling and/or or mental health services, or both, under the auspices of an approved graduate counseling program.
(f) As used in
IC 25-23.6-8.5-3, "practicum" means a distinctly defined, supervised curricular experience intended to enable the student to develop basic counseling skills and to integrate professional knowledge and skills appropriate to the student's program emphasis. The practicum shall be a minimum of one hundred (100) clock hours and include the following:
(1) A minimum of forty (40) hours of direct service with clients so that experience can be gained in individual and group interactions. At least one-fourth (1/4) of these hours should be in group work.
(2) A minimum of one (1) hour per week of individual supervision, over a minimum of one (1) academic term by a program faculty member or a supervisor working under the supervision of a program faculty member, using
at least one (1) of the following:
(A) Audiotape.
(B) Videotape. and/or
(C) Direct observation.
(3) A minimum of one and one-half (1 1/2) hours per week of group supervision with other students in similar practica over a minimum of one (1) academic term by a program faculty member or a supervisor working under the supervision of a program faculty member.
(4) An evaluation of the student's performance throughout the practicum, including a formal evaluation at the completion of the practicum.
(g) As used in
IC 25-23.6-8.5-3, "internship" means a distinctly defined, supervised curricular experience intended to enable the student to refine and
to enhance basic counseling skills, to develop more advanced counseling skills, and to integrate professional knowledge and skills appropriate to the student's initial postgraduation professional placement. A supervised internship of six hundred (600) clock hours that is begun after successful completion of the student's practicum includes the following:
(1) A minimum of two hundred forty (240) hours of direct service with clients appropriate to the program of study.
(2) A minimum of one (1) hour per week of individual supervision, throughout the internship, usually performed by the on-site supervisor.
(3) A minimum of one and one-half (1 1/2) hours per week of group supervision, throughout the internship, usually performed by a program faculty member supervisor.
(4) The opportunity for the student to become familiar with a variety of professional activities other than direct service.
(5) The opportunity for the student to develop audiotapes and/or or videotapes, or both, of the student's interactions with clients appropriate for use in supervision.
(6) The opportunity for the student to gain supervised experience in the use of a variety of professional resources, such as
the following:
(A) Assessment instruments.
(B) Computers.
(C) Print and nonprint media.
(D) Professional literature.
(E) Research. and
(F) Information and referral to appropriate providers.
(7) A formal evaluation of the student's performance during the internship, by a program faculty supervisor, in consultation with the site supervisor.
(h) The practicum and internship experiences listed in this section are tutorial forms of instruction. Individual supervision is supervision rendered to one (1) person at a time, and group supervision is supervision rendered to at least two (2) and not more than twelve (12) individuals at one (1) time.
(i) As used in
IC 25-23.6-8.5-3, "advanced internship" means a minimum of three hundred (300) clock hours of supervised experience that must be completed in a setting in which the individual is providing mental health services under the direct supervision of a professional as defined in subsection (m).
(j) The required practicum, internship, and advanced internship experiences listed in this section must have been primarily in the provision of direct counseling services. This includes knowledge, skill, or experience derived from direct observations of, and participation in, the practice of counseling. No course intended primarily for practice in the administration and grading of appraisal or assessment instruments shall count toward these clinical semester hour requirements.
(k) The required experiences gained through the practicum, internship, and advanced internship may not be taken concurrently, and the academic credit must appear on the applicant's official graduate transcript.
(l) As used in
IC 25-23.6-8.5-3, "one hundred (100) hours of face-to-face supervision" refers to the entire clinical experience requirement of one thousand (1,000) hours. This includes individual and group supervision. The applicant must document that at least one hundred (100) hours were spent face-to-face with a supervisor during the practicum, internship, and advanced internship. The graduate counseling student may work away from the premises of the educational institution but must:
(1) be enrolled in a counseling practicum, internship, or advanced internship; and must
(2) conduct counseling under the auspices of that graduate program.
(m) As used in
IC 25-23.6-8.5-3, "supervised practice experience" means experience gained under supervision provided by:
(1) a counselor educator;
(2) a licensed master's level or doctoral level:
(A) mental health counselor;
(B) clinical social worker;
(C) marriage and family therapist;
(D) physician who has training in psychiatric medicine;
(E) psychologist; or
(F) clinical nurse specialist in psychiatric or mental health nursing; or
(3) another state-regulated mental health professional or, if the experience was gained in a state where no regulation exists, by a mental health professional of equivalent status.
839 IAC 1-5-2 Examination requirements for mental health counselors and mental health counselor associates
Authority:
IC 25-23.6-2-8
Sec. 2. (a) An applicant for licensure by examination as a mental health counselor or mental health counselor associate, approved by the board to sit for the examination, shall sit for that examination within one (1) year from the date of the initial board approval. If the exam applicant has not taken the examination within one (1) year from the date of the initial board approval, the initial board approval will be invalid and the applicant must file a new application.
(b) The board will notify the applicant in writing of examination results.
(c) Applicants determined by the board to have failed the examination, who wish to retake the examination, shall submit a repeat examination application, fees, and other requirements as stated in
839 IAC 1-2-1.
(d) Applicants who fail the examination three (3) times shall personally appear before the board prior to retaking the examination.
(e) As used in IC 25-23.6-8.5-5, "an individual who satisfies the requirements of sections 1 and 2 of this chapter" means an applicant for licensure as a mental health counselor who has completed all the graduate educational, clinical instruction, and postgraduate supervised clinical experience requirements listed in IC 25-23.6-8.5-5.
(Behavioral Health and Human Services Licensing Board; 839 IAC 1-5-2; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1509; readopted filed Dec 2, 2001, 12:30 p.m.: 25 IR 1313; readopted filed Sep 26, 2008, 10:50 a.m.: 20081015-IR-839080337RFA)
839 IAC 1-5-3 Temporary permits for mental health counselors
Authority:
IC 25-23.6-2-8
Sec. 3. (a) As used in
IC 25-23.6-8.5-10, "the date the board disapproves the individual's license application" means the date an applicant for licensure receives notice of:
(1) failure of the required examination; or
(2) denial of the individual's license application.
(b) As used in
IC 25-23.6-8-10, IC 25-23.6-8.5-10, "good cause" means any reason approved by the board following written notice to the board from the applicant within thirty (30) days of the date the applicant was scheduled to take the examination.
(c) An applicant for licensure as a mental health counselor who fails the required examination shall not be issued a second temporary permit.
(Behavioral Health and Human Services Licensing Board; 839 IAC 1-5-3; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1510; readopted filed Dec 2, 2001, 12:30 p.m.: 25 IR 1313; readopted filed Sep 26, 2008, 10:50 a.m.: 20081015-IR-839080337RFA)
Rule 5.5. Addiction Counselors; Clinical Addiction Counselors
839 IAC 1-5.5-1 Educational requirements for addiction counselors
Authority:
IC 25-23.6-2-8
Sec. 1. (a) As used in IC 25-23.6-10.5-1, "a baccalaureate degree in addiction counseling or in a related area" means a degree earned in one (1) of the following:
(1) Addiction studies
(2) Chemical dependency.
(3) Social work.
(4) Psychology.
(5) Human services.
(6) Human development.
(7) Family relations.
(8) Counseling.
(b) If an applicant is seeking licensure as an addiction counselor based upon a baccalaureate degree not listed in subsection (a), the applicant must provide the board with the following information:
(1) Evidence that their degree program and any additional course work are equivalent to the criteria for a baccalaureate degree in addiction counseling as set forth in this section.
(2) An official college transcript.
(3) Appropriate certifications or affidavits from university officials.
(4) Any additional supporting documentation as requested by the board.
(c) As used in IC 25-23.6-10.5-3, "eligible postsecondary educational institution" means a college or university that was accredited prior to the applicant's graduation or within two (2) years from the date of the applicant's graduation by one (1) of the following:
(1) New England Association of Schools and Colleges.
(2) Middle States Association of Colleges and Schools.
(3) North Central Association of Colleges and Schools.
(4) Northwest Association of Schools and Colleges.
(5) Southern Association of Schools and Colleges.
(6) Western Association of Schools and Colleges.
(d) An applicant for licensure as an addiction counselor must show successful completion of the degree curriculum set forth in IC 25-23.6-10.5-5 with a minimum of forty (40) semester hours or sixty (60) quarter hours of course work in the following content areas:
(1) Addictions theory.
(2) Psychoactive drugs.
(3) Addictions counseling skills.
(4) Theories of personality.
(5) Developmental psychology.
(6) Abnormal psychology.
(7) Treatment planning.
(8) Cultural competency.
(9) Ethics and professional development.
(10) Family education.
If the course titles as stated on the transcript do not clearly reflect the course work content areas as listed in IC 25-23.6-10.5-5, the applicant must document the course or combination of courses in which the material was covered. At the discretion of the board, applicants may be required to provide further documentation, beyond an official transcript, to demonstrate that submitted course work covered the required content areas.
(e) When evaluating an applicant's baccalaureate degree in addiction counseling or in a related area, the board shall consider, as factors in its evaluation, whether the degree granting program:
(1) identifies itself as an addiction counseling program in its catalogs and brochures and demonstrates the program's intent to educate and train counselors in its advertising materials;
(2) has an identifiable addiction counseling professional responsible for the program who has clear authority and primary responsibility for the core and specialty areas, whether or not the program cuts across administrative lines;
(3) has an integrated and organized sequence of study;
(4) has an identifiable body of students who are matriculated in that program for a degree;
(5) includes a supervised practicum, internship, or field experience; and
(6) the degree program practicum, internship, or field experience should be conducted in a setting focused on addiction counseling services under the auspices of an approved addiction counseling program.
(f) The required practicum, internship, or field experience listed in this section must have been primarily in the provision of direct addiction counseling services. This includes knowledge, skill, or experience derived from direct observations of, and participation in, the practice of addiction counseling. No course intended primarily for practice in the administration and grading of appraisal or assessment instruments shall count toward these clinical semester hour requirements.
(g) As used in IC 25-23.6-10.5-5, "supervised practice, internship, or field experience" means experience gained under an individual who is supervising within his or her scope of experience and training and holds an active license at the time of the supervision as:
(1) an addiction counselor;
(2) a clinical addiction counselor;
(3) a mental health counselor;
(4) a clinical social worker;
(5) a marriage and family therapist;
(6) a physician with training in psychiatric medicine;
(7) a psychologist;
(8) a clinical nurse specialist in psychiatric or mental health nursing; or
(9) another state-regulated addiction counseling professional or, if the experience was gained in a state where no regulation exists, by an addictions or behavioral health professional of equivalent status;
who has at least three (3) years of experience in providing addiction services.
(Behavioral Health and Human Services Licensing Board; 839 IAC 1-5.5-1)
839 IAC 1-5.5-2 Experience requirements for addiction counselors
Authority:
IC 25-23.6-2-8
Sec. 2. (a) As used in IC 25-23.6-10.5-7, "two (2) years of addiction counseling experience that must include at least one hundred fifty (150) hours under supervision" means experience under approved supervision, acquired over not less than twenty-one (21) months and over not more than forty-eight (48) months, at any time subsequent to the date certified by the degree-granting institution as that on which all requirements for the baccalaureate degree have been completed. A doctoral student may accrue hours for this addiction counseling experience requirement during a doctoral internship.
(b) As used in IC 25-23.6-10.5-7, "qualified supervisor" means an individual who is supervising within his or her scope of experience and training and holds an active license at the time of supervision as:
(1) a clinical addiction counselor;
(2) a clinical social worker;
(3) a marriage and family therapist;
(4) a physician with training in psychiatric medicine;
(5) a psychologist;
(6) a clinical nurse specialist in psychiatric or mental health nursing; or
(7) another state-regulated addiction counseling professional or, if the experience was gained in a state where no regulation exists, by an addictions or behavioral health professional of equivalent status;
who has at least three (3) years of experience in providing addiction services.
(Behavioral Health and Human Services Licensing Board; 839 IAC 1-5.5-2)
839 IAC 1-5.5-3 Educational requirements for clinical addiction counselors
Authority:
IC 25-23.6-2-8
Sec. 3. (a) As used in IC 25-23.6-10.5-2, "master's degree or doctor's degree in addiction counseling, addiction therapy, or a related area" means a degree earned in one (1) of the following programs:
(1) Addiction studies.
(2) Chemical dependency.
(3) Social work.
(4) Psychology.
(5) Human services.
(6) Human development.
(7) Family relations.
(8) Counseling.
(b) If an applicant is seeking licensure as an addiction counselor based upon a graduate degree not listed in subsection (a), the applicant must provide the board with the following information:
(1) Evidence that their degree program and any additional course work are equivalent to the criteria for a graduate degree in addiction counseling as set forth in this section.
(2) An official college transcript.
(3) Appropriate certifications or affidavits from university officials.
(4) Any additional supporting documentation as requested by the board.
(c) As used in IC 25-23.6-10.5-4, "eligible postsecondary educational institution" means a college or university that was accredited prior to the applicant's graduation or within two (2) years from the date of the applicant's graduation by one (1) of the following:
(1) New England Association of Schools and Colleges.
(2) Middle States Association of Colleges and Schools.
(3) North Central Association of Colleges and Schools.
(4) Northwest Association of Schools and Colleges.
(5) Southern Association of Schools and Colleges.
(6) Western Association of Schools and Colleges.
(d) An applicant for licensure as a clinical addiction counselor must show successful completion of the graduate degree curriculum set forth in IC 25-23.6-10.5-5 with a minimum of twenty-seven (27) semester hours or forty-one (41) quarter hours in the following content areas:
(1) Addiction counseling theories and techniques.
(2) Clinical problems.
(3) Psychopharmacology.
(4) Psychopathology.
(5) Clinical appraisal.
(6) Theory and practice of group addiction counseling.
(7) Counseling addicted family systems.
(8) Multicultural counseling.
(9) Research methods in addiction.
(10) Human development.
If the course titles as stated on the transcript do not clearly reflect the course work content areas as listed in IC 25-23.6-10.5-5, the applicant must document the course or combination of courses in which the material was covered. At the discretion of the board, applicants may be required to provide further documentation, beyond an official transcript, to demonstrate that submitted course work covered the required content areas. Only graduate level courses are acceptable for establishing equivalency. The board will not accept course work counted or credited toward an undergraduate degree.
(e) When evaluating an applicant's master's or doctor's degree in addiction counseling, addiction therapy, or a related area, the board shall consider, as factors in its evaluation, whether the degree granting program:
(1) identifies itself as an addiction counseling program in its catalogs and brochures and demonstrates the program's intent to educate and train counselors in its advertising materials;
(2) has an identifiable addiction counseling professional responsible for the program who has clear authority and primary responsibility for the core and specialty areas, whether or not the program cuts across administrative lines;
(3) has an integrated and organized sequence of study;
(4) has an identifiable body of students who are matriculated in that program for a degree;
(5) includes a supervised practicum, internship, or field experience; and
(6) the degree program practicum, internship or field experience should be conducted in a setting focused on addiction counseling services under the auspices of an approved graduate addiction counseling program.
(f) As used in IC 25-23.6-10.5-6, "supervised clinical practicum, internship, or field experience" means a supervised curricular experience intended to enable the student to develop basic addiction counseling skills and to integrate professional knowledge and skills appropriate to the student's program emphasis. The supervised clinical practicum, internship, or field experience shall be a minimum of seven hundred (700) hours and include the following:
(1) A minimum of two hundred eighty (280) face-to-face client contact hours of addiction counseling services under the supervision of an LCAC who has at least five (5) years of experience as a qualified supervisor.
(2) A minimum of one hundred five (105) hours of supervision from a LCAC who has at least five (5) years experience as a qualified supervisor.
(g) As used in IC 25-23.6-10.5-6, "qualified supervisor" means an individual who is supervising within his or her scope of experience and training and holds an active license at the time of supervision as:
(1) a clinical addiction counselor;
(2) a clinical social worker;
(3) a marriage and family therapist;
(4) a physician with training in psychiatric medicine;
(5) a psychologist;
(6) a clinical nurse specialist in psychiatric or mental health nursing; or
(7) another state-regulated addiction counseling professional or, if the experience was gained in a state where no regulation exists, by an addictions or behavioral health professional of equivalent status;
who has at least five (5) years of experience in providing addiction services.
(Behavioral Health and Human Services Licensing Board; 839 IAC 1-5.5-3)
839 IAC 1-5.5-4 Experience requirements for clinical addiction counselors
Authority:
IC 25-23.6-2-8
Sec. 4. (a) As used in IC 25-23.6-10.5-8, "two (2) years of clinical addiction counseling experience" means experience under qualified supervision, acquired over not less than twenty-one (21) months and over not more than forty-eight (48) months, any time subsequent to the date certified by the degree-granting institution as that on which all requirements for the master's degree have been completed. A doctoral student may continue to accrue hours for this clinical addiction counseling experience requirement once the doctoral internship has been completed.
(b) As used in IC 25-23.6-10.5-8, "qualified supervisor" means an individual who is supervising within his or her scope of experience and training and holds an active license at the time of supervision as:
(1) a clinical addiction counselor;
(2) a clinical social worker;
(3) a marriage and family therapist;
(4) a physician who has training in psychiatric medicine;
(5) a psychologist;
(6) a clinical nurse specialist in psychiatric or mental health nursing; or
(7) another state-regulated addiction counseling professional or, if the experience was gained in a state where no regulation exists, by an addictions or behavioral health professional of equivalent status;
with at least five (5) years of experience in addictions counseling.
(Behavioral Health and Human Services Licensing Board; 839 IAC 1-5.5-4)
839 IAC 1-5.5-5 Examination requirements for addiction counselors and clinical addiction counselors
Authority:
IC 25-23.6-2-8
Sec. 5. (a) An applicant for licensure by examination as an addiction counselor or a clinical addiction counselor, approved by the board to sit for the examination, shall sit for that examination within one (1) year from the date of the initial board approval. If the exam applicant has not taken the examination within one (1) year from the date of the initial board approval, the initial board approval will be invalid and the applicant must file a new application.
(b) An applicant who fails the examination and wishes to retake the examination shall submit a new application and must meet all other requirements provided in 839 IAC 1-2-1.
(c) An applicant who fails the examination three (3) times shall personally appear before the board prior to retaking the examination. Following the personal appearance, the board may approve, deny, or table the applicant's request to sit for the examination.
(Behavioral Health and Human Services Licensing Board; 839 IAC 1-5.5-5)
839 IAC 1-5.5-6 Temporary permits for addiction counselors and clinical addiction counselors
Authority:
IC 25-23.6-2-8
Sec. 6. (a) As used in IC 25-23.6-10.5-10, "the date the board disapproves the individual's license application" means the date an applicant for licensure receives notice of:
(1) failure of the required examination; or
(2) denial of the individual's license application.
(b) As used in IC 25-23.6-10.5-10, "good cause" means any reason approved by the board following written notice to the board from the applicant within thirty (30) days of the date the applicant was scheduled to take the examination.
(c) An applicant for licensure as an addiction counselor or a clinical addiction counselor who fails the required examination shall not be issued a second temporary permit.
(Behavioral Health and Human Services Licensing Board; 839 IAC 1-5.5-6)
839 IAC 1-5.5-7 Exemption from examination for addiction counselors and clinical addiction counselors
Authority:
IC 25-23.6-2-8
Sec. 7. (a) As used in IC 25-23.6-10.5-11, "engaged in the practice of addiction counseling" means an applicant has worked at least five (5) hours per week, averaged over the entire time the applicant has been in practice.
(b) If an applicant has taught addiction counseling, the applicant may count the hours spent teaching as hours of active practice of addiction counseling, provided such teaching was in courses in the field of addiction counseling. Teaching shall include time spent in preparation, in meeting with students, and in related activities. Teaching of addiction counseling shall not count for more than seventy percent (70%) of the number of active practice hours claimed by an applicant.
(c) An examination shall be considered to be substantially equivalent, as used in IC 25-23.6-10.5-11, if the examination is either the same examination used by the board or an examination that tested the clinical skills and knowledge of the applicant. The board will review all examinations other than the one used by the board to determine equivalency.
(Behavioral Health and Human Services Licensing Board; 839 IAC 1-5.5-7)
839 IAC 1-5.5-8 Standards for the competent practice of addiction and clinical addiction counseling
Authority:
IC 25-23.6-2-8
Sec. 8. The LAC and LCAC must comply with IC 25-23.6 governing the practice of addiction and clinical addiction counseling, IC 25-1-9 governing health professions standards of practice, and shall abide by the following standards:
(1) An addiction counselor or a clinical addiction counselor shall not exploit the trust and dependency of clients. Addiction counselors and clinical addiction counselors shall avoid dual relationships with clients that could impair their professional judgment or increase the risk of exploitation. Examples of such dual relationships include, but are not limited to, business, close personal, and intimate relationships.
(2) An addiction counselor or a clinical addiction counselor shall not undertake any professional activity that the addiction counselor or clinical addiction counselor is not qualified by education, training, experience, and scope of practice to undertake.
(3) An addiction counselor or a clinical addiction counselor's primary professional responsibility is to the client. An addiction counselor or a clinical addiction counselor shall make every reasonable effort to advance the welfare and best interests of the client, including respecting the rights of those persons seeking assistance and making reasonable efforts to ensure that the addiction counselor or a clinical addiction counselor's services are used appropriately.
(4) An addiction counselor or a clinical addiction counselor shall act in accordance with the highest standards of professional integrity and competence. An addiction counselor or a clinical addiction counselor is honest in dealing with clients, students, trainees, colleagues, and the public. An addiction counselor or a clinical addiction counselor seeks to eliminate incompetence or dishonesty from the profession.
(5) An addiction counselor or a clinical addiction counselor holds in confidence information obtained in the course of professional service. An addiction counselor or a clinical addiction counselor safeguards client confidences as permitted by law.
(6) An addiction counselor or a clinical addiction counselor respects the rights and responsibilities of professional colleagues and, as the employee of an organization, remains accountable as an individual to the ethical principles of the profession. An addiction counselor or a clinical addiction counselor:
(A) treats colleagues with respect and good faith; and
(B) relates to the clients of colleagues with full professional consideration.
(7) When using assessment instruments or techniques, an addiction counselor or a clinical addiction counselor shall make every effort to promote the welfare and best interests of the client. An addiction counselor or a clinical addiction counselor:
(A) guards against the misuse of assessment results; and
(B) respects the client's right to know the results, interpretations, and basis for any conclusions or recommendations.
(8) An addiction counselor or a clinical addiction counselor recognizes that research activities must be conducted with full respect for the rights and dignity of participants and with full concern for their welfare. Participation in research must be voluntary unless it can be demonstrated that involuntary participation will have no harmful effects on the subjects and is essential to the investigation.
(9) An addiction counselor or a clinical addiction counselor adheres to professional rather than commercial standards when making known his or her availability for professional services. An addiction counselor or a clinical addiction counselor shall provide information that accurately informs the public of the professional services, expertise, and techniques available.
(10) An addiction counselor or a clinical addiction counselor shall not abandon or neglect clients in treatment without making reasonable arrangements for the continuation of such treatment.
(11) An addiction counselor or a clinical addiction counselor is aware of anything that might interfere with the addiction counselor's or clinical addiction counselor's effectiveness and shall refrain from any activity that might lead to inadequate performance or harm to anyone, including himself or herself and the client.
(Behavioral Health and Human Services Licensing Board; 839 IAC 1-5.5-8)
Authority:
IC 25-23.6-2-8
Sec. 1. (a) As used in
IC 25-23.6, "continuing education" means education provided by board-approved providers that is obtained by a licensee in order to maintain, improve, or expand the licensee's skills and knowledge. As used in this rule, "CEU" means one (1) continuing education hour.
(b) Continuing education shall be comprised of two (2) categories, Category I and Category II. The licensee:
(1) shall obtain a minimum of fifty percent (50%) of the required amount of CEUs for renewal from Category I; and
(2) may obtain a maximum of fifty percent (50%) of the required amount of CEUs for renewal from Category II.
(c) Category I is defined as continuing education that is formal programming, which includes the following:
(1) Formally organized courses.
(2) Workshops.
(3) Seminars.
(4) Symposia.
(5) Institutes.
(6) Home study programs, including:
(A) computer;
(B) audio; and
(C) video;
instructional programs accredited by board-approved organizations.
(7) Courses that are relevant to the license holder's professional skills, which are part of the curriculum of an accredited university, college, or educational institution, shall earn:
(A) fifteen (15) CEUs for each academic semester hour completed; or
(B) ten (10) CEUs for each academic quarter hour completed.
(8) Faculty teaching a course for the first time at an accredited university, college, or educational institution shall earn one and one-half (1½) CEUs for every credit hour taught. Continuing education credit will be granted only the first time faculty teaches the course within the same semester.
(d) CEUs obtained from Category I sponsors shall earn the amount of continuing education hours granted by the program sponsor. If the sponsor does not grant continuing education hours, then one (1) CEU will be granted for each clock hour of attendance.
(e) Category II is defined as continuing education that is self-directed, which includes the following:
(1) Journal clubs, reading, earns one (1) CEU for each hour. attended.
(2) Office inservices, earns one (1) CEU for each hour attended.
(3) Case conferences that are specifically designed for training or teaching, earns one (1) CEU for each hour attended.
(4) Services as an instructor, presenter, or supervisor in a relevant professional seminar, workshop, or training conference earns one (1) CEU for each hour of service, but only for the initial instruction, presentation, or supervision given.
(5) Research and publication of research results in a recognized professional journal or book form, earns ten (10) CEUs, but may only be claimed for the initial publication of the information.
(6) Providing consultation, critique, or peer review of therapy and skills for an individual:
(A) pursuing a:
(i) bachelor's degree;
(ii) master's degree; or
(iii) doctoral degree; or
(B) working:
(i) to meet the experience requirement for licensure; or
(ii) for another licensee;
earns one (1) CEU for each hour spent with the individual for this purpose.
(7) Services on boards and commissions and holding office in professional organizations, specifically related to the licensee's profession, earns one (1) CEU for each hour of service.
(8) Faculty teaching a course at an accredited university, college, or educational institution, earns one (1) CEU for every credit hour taught. Continuing education credit will be granted only the first time faculty teaches the course within the same semester.
839 IAC 1-6-2 Approval of continuing education programs
Authority:
IC 25-23.6-2-8
Sec. 2. (a) The following criteria shall be used for the approval of providers of continuing education programs for LSWs, LCSWs, LMFTs, LMFTAs,
and licensed mental health counselors LMHCs,
LMHCAs, LACs, and LCACs:
(1) The continuing education program shall have a statement of objectives, which the program should achieve for its participants relating to and enhancing the licensee's practice.
(2) The sponsor of a continuing education program shall provide the following:
(A) Adequate administration, including a responsible person to coordinate and administer the program.
(B) Maintenance of proper records.
(3) Sponsors of a continuing education program shall provide adequate funding for the educational program undertaken.
(4) The curriculum of a continuing education program shall be thoughtfully planned and designed to explore in considerable depth:
(A) one (1) subject; or
(B) a closely related group of subjects related to the licensee's practice.
(5) The continuing education program shall:
(A) have qualified faculty members with demonstrated competence in the subject areas; and
(B) be held in adequate facilities that allow for an effective program.
(6) Continuing education programs may employ a variety of educational methods and teaching aids that enhance the learning opportunities.
(7) Appropriate methods of evaluation shall be devised and used to measure the continuing education program's effectiveness.
(8) The sponsor of the continuing education program shall provide to the participants a meaningful record of attendance stating the continuing education hours involved.
(b) Organizations applying for board approval to be a sponsor of continuing education programming must submit an application to the board for approval at least ninety (90) days before the presentation of any program. The board shall act upon the application within ninety (90) days of receipt. The approval, if granted, is effective until April 1 of every even-numbered year.
(c) An approval to provide continuing education units for:
(1) LSWs;
(2) LCSWs;
(3) LMFTs;
(4) LMFTAs; and
(5) LMHCs;
(6) LMHCAs;
(7) LACs; and
(8) LCACs;
will expire on April 1 of the even-numbered years.
(d) The sponsor of the program is responsible for monitoring attendance in such a manner that verification of attendance throughout the entire program can be reliably assured.
(e) The sponsor shall maintain attendance records for a minimum of four (4) years from the date of the program. These records must include the following:
(1) The date of the program.
(2) The program title.
(3) The presenter's name.
(4) The names of all participants.
(5) The number of continuing education hours granted each participant.
(f) Continuing education programs that are sponsored, accredited, or approved by the following organizations shall be deemed approved, and no prior approval by the board shall be required:
(1) Academy for Cerebral Palsy and Developmental Medicine.
(2) Academy of Family Mediators.
(3) Accreditation Council on Continuing Medical Education (programs or seminars related to mental health).
(4) American Association for Continuity of Care.
(5) American Association for Diabetes.
(6) American Association for Social Work with Groups/Spinal Cord Injury.
(7) American Association of Marriage and Family Therapy.
(8) American Association of Sex Educators, Counselors, and Therapists.
(9) American Cancer Society.
(10) American Counseling Association.
(11) American Health Care Institute (programs or seminars related to mental health).
(12) American Hospital Association (programs or seminars related to mental health).
(13) American Medical Association (programs or seminars related to mental health).
(14) American Mental Health Counselors Association.
(15) American Psychiatric Association.
(16) American Psychological Association.
(17) American Red Cross (programs or seminars related to mental health).
(18) Arthritis Association.
(19) Association of Oncology Social Work.
(20) Association of Pediatric Oncology Social Work.
(21) Association for Treatment of Sexual Abusers.
(22) Association of Social Work Boards.
(23) Chicago Center for Family Health.
(24) Commission on Rehabilitation Counselor Certification.
(25) Employee Assistance Professional Association.
(26) Employee Assistance Society of North America.
(27) Federation of Societies for Clinical Social Work.
(28) Federation of Society of Sex Educators and Therapists.
(29) First Steps.
(30) Healthy Families.
(31) Hoosier Oncology Group.
(32) Hospice Foundation of America.
(33) Indiana Association of Home and Hospice Care.
(34) Indiana Commission on Continuing Legal Education (programs or seminars related to mental health).
(35) Indiana Council of Nephrology Social Workers.
(36) Indiana Council on Adolescent Pregnancy.
(37) Indiana Counselors Association for Alcohol and Drug Abuse.
(38) Indiana Healthcare Ethics Network.
(39) Indiana Hospice Association.
(40) Indiana Hospital and Health Association (programs or seminars related to mental health).
(41) Indiana Organ Procurement Organization.
(42) Indiana Perinatal Association.
(43) International Critical Incident Stress Foundation.
(44) Leukemia and Lymphoma Society.
(45) Mediation Matters.
(46) Mental Health Association.
(47) Midwest Regional Network for Intervention with Sex Offenders.
(48) National Association for Family-Based Services.
(49) National Association of Alcoholism and Drug Abuse Counselors.
(50) National Association of Liver Transplant Social Workers.
(51) National Association of Perinatal Social Work.
(52) National Association of Social Workers.
(53) National Board for Certified Counselors.
(54) National Board of Addiction Examiners.
(55) National Brain Tumor Foundation.
(56) National Committee to Prevent Child Abuse.
(57) National Council of Community Mental Health Centers.
(58) National Council of Sexual Addiction and Compulsivity.
(59) National Hospice Association.
(60) National Kidney Foundation.
(61) National Organization for Victim Assistance.
(62) National Resource Center for Family Centered Practice.
(63) National Spina Bifida Association.
(64) Society of Heart and Lung Transplant Social Workers.
(65) Solutions Training Institute.
(66) The Alfred Adler Institute of Chicago.
(67) The American Professional Society on the Abuse of Children.
(68) The Center for Family Studies, Chicago, Illinois.
(69) The Cincinnati Psychoanalytic Institute.
(70) The Family Institute of Chicago.
(71) The Family Institute/Center for Family Studies.
(72) The Gestalt Institute of Cleveland.
(73) The Indianapolis Gestalt Institute.
(74) The Institute for Clinical Social Work, Chicago, Illinois.
(75) The Institute for Psychoanalysis, Chicago, Illinois.
(76) The International Institute of Object Relations Therapy.
(77) The Jungian Institute of Chicago.
(78) The National Association of Family Mediators.
(79) The National Center for Child Abuse and Neglect.
(80) The National Children's Advocacy Center.
(81) The Society of Social Work Leadership in Health Care.
(82) A national, regional, state, district, or local organization that operates as an affiliated entity under the approval of any organization listed in subdivisions (1) through (81).
(83) Any institute or program focused on self-psychology.
(84) Any institute or program approved by the social worker, marriage and family therapist, and mental health counselor, and addiction counselor board of another state.
(85) A university, college, or other teaching institution accredited by the United States Department of Education or the Council on Postsecondary Education.
(86) A federal, state, or local government agency that coordinates and presents continuing education courses and programs in conjunction with this rule.
839 IAC 1-6-3 Continuing education requirements
Authority:
IC 25-23.6-2-8
Sec. 3. (a) A renewal period is defined as the two (2) year period beginning with April 1 of even-numbered years. A licensure year is defined as April 1 through March 31 of the following year.
(b) A licensee who renews a license as a social worker, clinical social worker, marriage and family therapist, marriage and family therapist associate, or mental health counselor, mental health counselor associate, addiction counselor, or clinical addiction counselor shall complete not less than twenty (20) CEUs per year, in compliance with section 1(b) of this rule, for a total of forty (40) CEUs for the two (2) year renewal period.
(c) A minimum of one (1) CEU of the required ten (10) Category I CEUs per year shall have a content area focusing on ethics and professional conduct, including boundary issues, from a Category I provider.
(d) If a licensee holds more than one (1):
(1) social worker;
(1) (2) clinical social worker;
(2) (3) marriage and family therapist; or
(4) marriage and family therapist associate;
(3) (5) mental health counselor;
(6) mental health counselor associate;
(7) addiction counselor; or
(8) clinical addiction counselor;
license issued under
IC 25-23.6, then CEUs obtained to meet the CEUs required for renewal of one (1) license may be applied towards the CEUs required for renewal of each license held.
(e) CEUs shall:
(1) be obtained within the biennial renewal period in which the licensee is applying; and
(2) not be carried over from one (1) biennial renewal period to another.
(f) A holder of a license issued under
IC 25-23.6 must retain a record of the continuing education required by section 2(a) of this rule for four (4) years following the end of the biennial renewal period in which it was obtained.
(g) Continuing education used to satisfy the continuing education requirements of another state, in which the licensee also holds a license to practice as a mental health professional, may be applied towards the CEUs required for renewal of a license issued under
IC 25-23.6.
(h) A holder of a license issued under
IC 25-23.6 who has been licensed for less than two (2) full years before the first renewal date for that license shall meet the following continuing education requirements for the licensee's first renewal period:
(1) A licensee who has been licensed for at least twelve (12) months, but less than twenty-four (24) months, shall complete at least one-half (1/2) of the CEUs required for renewal of that license. At least fifty percent (50%) of these CEUs shall be obtained from Category I, and not more than fifty percent (50%) shall be obtained from Category II.
(2) A licensee who has been licensed for less than twelve (12) months shall be exempt from the CEUs required for renewal of that initial license.
Posted: 04/18/2012 by Legislative Services Agency
DIN: 20120418-IR-839110676PRA
Composed: Apr 19,2024 10:30:41PM EDT
A
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