Maine Statute | Act | Code |Title 32. Professions And Occupations| US Code - US Statute | Chapter 81. Alcohol And Drug Counselors (heading. Rr 1997, C. 2, @55 (cor))

USA Statutes : maine
Title : Title 32. PROFESSIONS AND OCCUPATIONS
Chapter : Chapter 81. ALCOHOL AND DRUG COUNSELORS (HEADING. RR 1997, c. 2, @55 (cor))

Title 32 - §6201. State Board of Alcohol and Drug Counselors

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 1: GENERAL PROVISIONS

§6201. State Board of Alcohol and Drug Counselors

The State Board of Alcohol and Drug Counselors within the Department of Professional and Financial Regulation as established by Title 5, section 12004-A, subsection 41, shall carry out the purposes of this chapter. [1995, c. 394, §2 (amd).]
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Title 32 - §6202. Objective

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 1: GENERAL PROVISIONS

§6202. Objective

The objective of this legislation is to establish a State Board of Alcohol and Drug Counselors, which establishes and ensures high professional standards among alcohol and drug counselors and which encourages and promotes quality treatment and rehabilitation services for substance abusers. [1995, c. 394, §3 (amd).]
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Title 32 - §6203. Definitions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 1: GENERAL PROVISIONS

§6203. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1995, c. 394, §4 (amd).]

1. Board. "Board" means the State Board of Alcohol and Drug Counselors. [1995, c. 394, §4 (amd).]

1-A. College level course. "College level course" means any education class or program that includes at least 15 contact hours per credit. [1991, c. 456, §2 (new).]

1-B. Agency. "Agency" means an establishment, organization or institution, public or private, that is licensed by the Department of Health and Human Services and that offers, purports to offer, maintains or operates one or more programs for the assessment, diagnosis, care, treatment or rehabilitation of individuals who are suffering physically, emotionally or psychologically from the abuse of alcohol or other drugs. [2003, c. 347, §1 (new); §25 (aff); c. 689, Pt. B, §6 (rev).]

1-C. Alcohol and drug counseling aide. "Alcohol and drug counseling aide" means an individual who is registered by the board to engage in an apprenticeship for the purpose of acquiring knowledge and experience in the performance of alcohol and drug counseling services, including but not limited to knowledge of ethical standards. An alcohol and drug counseling aide may facilitate individual and direct group counseling or assume other facilitation duties under supervision and may supervise nonclinical activities. An alcohol and drug counseling aide may write treatment chart notations when the notations are cosigned by a board-certified clinical supervisor. All work performed must be under the supervision of a board-certified clinical supervisor. An alcohol and drug counseling aide may not engage in independent or private practice. All work associated with the apprenticeship may be conducted only in an agency. [2003, c. 347, §1 (new); §25 (aff).]

1-D. Certified alcohol and drug counselor. "Certified alcohol and drug counselor" means an individual who provides individual or group alcohol and drug counseling services unaided and who meets the criteria established in section 6214-C. A certified alcohol and drug counselor may not engage in independent or private practice. All work performed must be under the supervision of a board-certified clinical supervisor within an agency. [2003, c. 347, §1 (new); §25 (aff).]

1-E. Certified clinical supervisor. "Certified clinical supervisor" means an individual who is certified by the board to provide supervision to individuals who provide alcohol and drug counseling services as required by this chapter. For the purposes of this subsection, "supervision" includes, but is not limited to, oversight of case record reviews, case management, development of counseling skills, education and treatment modalities, clinical supervision log maintenance and client treatment plans and activities. [2003, c. 347, §1 (new); §25 (aff).]

2. Consumer of alcohol and drug counseling services. A "consumer of alcohol and drug counseling services" is a person affected by or recovering from alcoholism or other drug abuse. [1995, c. 394, §4 (amd).]

3. Nonprovider. A "nonprovider" means an individual who neither is presently nor has been any of the following for the past 3 years:

A. An alcohol and drug counselor; [1995, c. 394, §4 (amd).]

B. An administrator or board member of a facility or program that provides alcohol and drug counseling services; or [1995, c. 394, §4 (amd).]

C. The spouse of any of those persons listed in paragraphs A and B. [1977, c. 466, §2 (new).]

[1995, c. 394, §4 (amd).]

4. Provisionally registered substance abuse counselor. [1987, c. 395, Pt. A, §194 (rp).]

4-A. Associate substance abuse counselor. [1995, c. 394, §4 (rp).]

5. Licensed alcohol and drug counselor. "Licensed alcohol and drug counselor" means an individual who provides individual or group alcohol and drug counseling services independently within an agency or in private practice and who meets the criteria established in section 6214-D. A licensed alcohol and drug counselor may also assume clinical supervision duties upon being certified by the board as a clinical supervisor. [2003, c. 347, §2 (rpr); §25 (aff).]

5-A. Inactive alcohol and drug counselor. "Inactive alcohol and drug counselor" means a person who is licensed, registered or certified to provide alcohol and drug counseling services and who applies to the board for an inactive license under section 6219-B. [2003, c. 347, §3 (amd); §25 (aff).]

6. Alcohol and drug counseling services. "Alcohol and drug counseling services" are those counseling services offered for a fee, monetary or otherwise, as part of the treatment and rehabilitation of persons abusing alcohol or other drugs. The purpose of alcohol and drug counseling services is to help individuals, families and groups confront and resolve problems caused by the abuse of alcohol or other drugs. Alcohol and drug counseling services are the 12 core functions defined by rule of the board. [1995, c. 394, §4 (amd).]

7. Registered substance abuse counselor. [1991, c. 456, §8 (rp).]

7-A. Registered alcohol and drug counselor. [2003, c. 347, §4 (rp); §25 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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Title 32 - §6204. Reporting

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 1: GENERAL PROVISIONS

§6204. Reporting

No later than August 1st of each year, the board shall submit to the Commissioner of Professional and Financial Regulation, for the preceding fiscal year ending June 30th, an annual report of its operations and financial position, together with such comments and recommendations as the board deems essential. The Commissioner of Professional and Financial Regulation shall maintain the board's funds in a separate account and shall provide the board with a quarterly accounting of its revenues and expenses. When submitting any budget request to the Legislature, the Department of Professional and Financial Regulation and the Governor shall provide that any funds for the State Board of Substance Abuse Counselors be listed in a separate account. [1991, c. 456, §9 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
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Title 32 - §6205. Licensing

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 1: GENERAL PROVISIONS

§6205. Licensing

A person may not, unless specifically exempted by this chapter, practice as an alcohol and drug counselor or profess to the public to be, or assume or use the title or designation of, "certified alcohol and drug counselor," "licensed alcohol and drug counselor" or "alcohol and drug counseling aide" or the abbreviation "C.A.D.C.," "L.A.D.C." or "A.D.C.A." or any other title, designation, words, letters or device tending to indicate that such a person is licensed, certified or registered, unless that person is licensed, certified or registered with and holds a current and valid license, certificate or registration from the board. Any person who offers or gives alcohol and drug counseling services in violation of this section must be punished, upon conviction, by a fine of not less than $50 and not more than $500 for each such offense. [2003, c. 347, §5 (amd); §25 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
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Title 32 - §6206. Exemptions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 1: GENERAL PROVISIONS

§6206. Exemptions

1. Peer groups; self-help. Nothing in this chapter may prevent any person from engaging in or offering substance abuse services such as self-help, sponsorship through alcoholics or narcotics anonymous groups or other uncompensated substance abuse assistance. [1991, c. 456, §11 (new).]

2. Government and school employees. Nothing in this chapter may be construed to apply to the activities and services of an employee or other agent of a recognized academic institution; a federal, state, county or local government institution, a program agency or facility; or a school committee, school district, school approved for attendance purposes pursuant to Title 20-A, section 2901, school board or board of trustees, if the individual is performing those activities solely within the agency or under the jurisdiction of that agency and if a license granted under this chapter is not a requirement for employment. [1991, c. 456, §11 (new).]

3. Clergy. Nothing in this chapter may be construed to apply to the activities and services of any priest, rabbi, member of the clergy, Christian Science healer, or minister of the gospel of any religious denomination when performing counseling services as part of religious duties and in connection with a specific synagogue or church of any religious denomination. [1991, c. 456, §11 (new).]

4. Interns. Nothing in this chapter may be construed to apply to the activities and services of a student, intern or trainee in substance abuse counseling pursuing a course of study in counseling in a regionally accredited institution of higher education or training institution, if these activities are performed under supervision and constitute a part of the supervised course of study. [1991, c. 456, §11 (new).]

5. Other licensed professionals. Nothing in this chapter may prevent any other licensed person in the field of medicine, psychology, nursing, social work or professional counseling who is qualified to provide substance abuse counseling services by virtue of the requirements for that profession from engaging in or offering substance abuse counseling services if such a person does not profess to be providing the service of a substance abuse counselor as the sole professional service rendered by that person. These professionals may not be required to obtain additional certification in order to provide substance abuse counseling services as permitted by this subsection. [1993, c. 635, §1 (amd).]

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Title 32 - §6207-A. License required

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 1: GENERAL PROVISIONS

§6207-A. License required

Unless exempted under section 6206, a person may not practice alcohol and drug counseling or begin an apprenticeship in this State unless that person has first obtained a license, certification or registration as provided in this chapter. [2003, c. 347, §7 (new); §25 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §6207. Registration required (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 1: GENERAL PROVISIONS

§6207. Registration required (REPEALED)

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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §6208-A. Appointment; terms; vacancies

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 2: STATE BOARD OF ALCOHOL AND DRUG COUNSELORS (HEADING: PL 1995, c. 394, @8 (rpr))

§6208-A. Appointment; terms; vacancies

1. Membership. The State Board of Alcohol and Drug Counselors, as established by Title 5, section 12004-A, subsection 41, consists of 9 members. Seven members are appointed by the Governor. One member must be the Director of the Office of Substance Abuse or a designee. One member, appointed by the Chancellor of the University of Maine System, must be a member of the university faculty involved in the training of substance abuse or alcohol and drug counselors. Of these 9 members, 5 members must be licensed alcohol and drug counselors and 2 members must be public members. Members must represent a broad geographic distribution of the State. [1999, c. 386, Pt. R, §1 (amd).]

2. Term of office. Appointments are for 3-year terms. Appointments of members must comply with section 60. [1993, c. 600, Pt. A, §256 (amd).]

3. Vacancy. [1993, c. 600, Pt. A, §257 (rp).]

4. Limitation. [1993, c. 600, Pt. A, §257 (rp).]

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Office of the Revisor of Statutes
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Title 32 - §6208. Appointment; terms; vacancies (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 2: STATE BOARD OF ALCOHOL AND DRUG COUNSELORS (HEADING: PL 1995, c. 394, @8 (rpr))

§6208. Appointment; terms; vacancies (REPEALED)

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Office of the Revisor of Statutes
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Title 32 - §6209. Removal of board members

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 2: STATE BOARD OF ALCOHOL AND DRUG COUNSELORS (HEADING: PL 1995, c. 394, @8 (rpr))

§6209. Removal of board members

A board member may be removed by the Governor for cause. [1983, c. 413, § 212 (rpr).]
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Office of the Revisor of Statutes
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Title 32 - §6210. Meetings; elections; quorum

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 2: STATE BOARD OF ALCOHOL AND DRUG COUNSELORS (HEADING: PL 1995, c. 394, @8 (rpr))

§6210. Meetings; elections; quorum

The board shall meet at least once a year to conduct business and elect officers. Additional meetings may be held as necessary to conduct the business of the board, and may be convened at the call of the chair or a majority of the board members. Six members of the board constitute a quorum for all purposes. [1991, c. 456, §14 (amd).] div>
The board shall elect a chair and such officers as determined necessary to carry out the business of the board. The board shall keep such records and minutes as are necessary to the ordinary dispatch of its functions. [1991, c. 456, §14 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
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Title 32 - §6211. Compensation (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 2: STATE BOARD OF ALCOHOL AND DRUG COUNSELORS (HEADING: PL 1995, c. 394, @8 (rpr))

§6211. Compensation (REPEALED)

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Office of the Revisor of Statutes
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State House Room 108
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Title 32 - §6212. Powers and duties of the board

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 2: STATE BOARD OF ALCOHOL AND DRUG COUNSELORS (HEADING: PL 1995, c. 394, @8 (rpr))

§6212. Powers and duties of the board

The board shall have the following powers and duties in addition to all other powers and duties imposed by this chapter. [1977, c. 466, §2 (new).]

1. Set standards. The board shall administer and enforce this chapter, set forth education and examination standards and evaluate the qualifications for licensure. Any standards of eligibility set by the board must be clearly defined, measurable and written in accordance with accepted standards and available to the public upon request. [1991, c. 456, §15 (amd).]

2. Adopt criteria. The board, in cooperation with the Office of Substance Abuse, may design and adopt an examination or other suitable criteria for establishing a candidate's knowledge, skill and experience in alcohol and drug counseling. Any criteria adopted by the board for establishing a candidate's knowledge, skill and experience in alcohol and drug counseling must be clearly defined, have an established baseline scoring procedure that is objectively measured, be in writing and be available to the public upon request. [1995, c. 394, §10 (amd).]

3. Registration and standards. The board may register and set standards of practice for all persons practicing as alcohol and drug counselors who are working in the State. Any standards set by the board for practice for alcohol and drug counselors working in the State must be clearly defined, measurable and written in accordance with accepted standards and available to the public upon request. Educational background must be a consideration in any licensing or registration standards adopted by the board. [1995, c. 394, §11 (amd).]

4. Rules. The board may adopt such rules, including but not limited to rules regarding examinations; clinical supervision; reasonable practice and education requirements for registering alcohol and drug counseling aides; licensing alcohol and drug counselors; certified alcohol and drug counselors; and certified clinical supervisors, and establish such advisory committees as the board may determine necessary and proper to carry out this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. [2003, c. 347, §8 (amd); §25 (aff).]

4-A. Advisory committee. [1989, c. 831, §12 (rp).]

5. Contracts. [1995, c. 397, §81 (rp).]

6. Complaints. The board shall investigate, or cause to be investigated, all complaints made to it and all cases of noncompliance with or other violation of this chapter or any rules adopted by the board. [1991, c. 456, §18 (amd).]

7. Hearings. Hearings must be conducted by the board to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of registration or licensure, or as otherwise deemed necessary to the fulfillment of its responsibilities under this chapter. The board may not refuse to renew registration or licensure for any reason other than failure to pay a required fee, unless it has afforded the licensee an opportunity for an adjudicatory hearing. The board shall hold an adjudicatory hearing at the written request of any person who is denied registration or licensure without a hearing for any reason other than failure to pay a required fee, provided that the request for hearing is received by the board within 30 days of the applicant's receipt of written notice of the denial of application, the reasons for the denial of application and the applicant's right to request a hearing. Hearings must be conducted in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV, to the extent applicable. The board may subpoena witnesses, records and documents in any hearing it conducts. [1991, c. 456, §19 (amd).]

8. Records. The board shall keep records and minutes for the ordinary dispatch of its functions. [1991, c. 456, §20 (new).]

9. Code of ethics. The board shall adopt a code of ethics generally in keeping with standards established by the national professional associations concerned with the areas of board responsibility. [1991, c. 456, §20 (new).]

10. Issue licenses. The board shall issue licenses as necessary to implement this chapter. [1991, c. 456, §20 (new).]

11. Service provider reports. [2003, c. 347, §9 (rp); §25 (aff).]

12. Clinical supervision. For purposes of direct clinical supervision of licensed practitioners in the field of alcohol and drug counseling, the board may certify upon receipt of proper application and fee under section 6215 licensed psychologists, physicians, registered clinical nurse specialists, clinical professional counselors, clinical social workers and any other licensed or certified mental health professionals who are qualified to provide alcohol and drug counseling services by virtue of the requirements for that profession and who meet the requirements established by board rules. [2003, c. 347, §10 (amd); §25 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §6213-A. Eligibility requirements for registration (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 3: REGISTRATION AND LICENSURE (HEADING: PL 1987, c. 395, Pt. A, @202 (rpr))

§6213-A. Eligibility requirements for registration (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §6213-B. Alcohol and drug counseling aide; qualification for registration

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 3: REGISTRATION AND LICENSURE (HEADING: PL 1987, c. 395, Pt. A, @202 (rpr))

§6213-B. Alcohol and drug counseling aide; qualification for registration

1. Requirements. The board shall issue a registration to practice as an alcohol and drug counseling aide to an applicant who meets the following minimal requirements. An applicant must:

A. Be at least 18 years of age; [2003, c. 347, §13 (new); §25 (aff).]

B. Have a high school diploma or its equivalent; [2003, c. 347, §13 (new); §25 (aff).]

C. Be employed at an agency; [2003, c. 347, §13 (new); §25 (aff).]

D. Provide the name of the person who will be the applicant's certified clinical supervisor; and [2003, c. 347, §13 (new); §25 (aff).]

E. Have paid an application and registration fee under section 6215. [2003, c. 347, §13 (new); §25 (aff).]

[2003, c. 347, §13 (new); §25 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §6213. Eligibility requirements for persons providing alcohol and drug counseling (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 3: REGISTRATION AND LICENSURE (HEADING: PL 1987, c. 395, Pt. A, @202 (rpr))

§6213. Eligibility requirements for persons providing alcohol and drug counseling (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §6214-A. Eligibility requirements for qualification as a licensed alcohol and drug counselor (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 3: REGISTRATION AND LICENSURE (HEADING: PL 1987, c. 395, Pt. A, @202 (rpr))

§6214-A. Eligibility requirements for qualification as a licensed alcohol and drug counselor (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §6214-B. Application (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 3: REGISTRATION AND LICENSURE (HEADING: PL 1987, c. 395, Pt. A, @202 (rpr))

§6214-B. Application (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
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Title 32 - §6214-C. Certified alcohol and drug counselor; qualification for certification

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 3: REGISTRATION AND LICENSURE (HEADING: PL 1987, c. 395, Pt. A, @202 (rpr))

§6214-C. Certified alcohol and drug counselor; qualification for certification

1. Eligibility. To be eligible to practice as a certified alcohol and drug counselor, an applicant must:

A. Be at least 18 years of age; [2003, c. 347, §16 (new); §25 (aff).]

B. Have taken and passed an examination as prescribed by board rule; [2003, c. 347, §16 (new); §25 (aff).]

C. Have paid an application and certification fee as set under section 6215; and [2003, c. 347, §16 (new); §25 (aff).]

D. Meet one of the following educational requirements:

(1) A high school diploma or its equivalent and a minimum of 4,000 hours of documented clinically supervised work experience as an alcohol and drug counseling aide consisting of at least 3 of the following alcohol and drug treatment functions:

(a) Clinical evaluation consisting of intake screening and differential assessment;

(b) Treatment planning, including initial, ongoing and discharge planning;

(c) Counseling of individuals, groups, couples or families;

(d) Case management. For purposes of this paragraph, "case management" means services that include, at a minimum, assessment of the needs of a client and the client's family, service planning, referral and linkage to other services, advocacy, monitoring and crisis management; or

(e) Client and family education; or

(2) At a minimum, course work as defined by board rule or an associate degree from an accredited college or university in behavioral sciences, addiction counseling or a related field as defined by board rule.
[2003, c. 347, §16 (new); §25 (aff).]

[2003, c. 347, §16 (new); §25 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §6214-D. Licensed alcohol and drug counselor; qualification for licensure

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 3: REGISTRATION AND LICENSURE (HEADING: PL 1987, c. 395, Pt. A, @202 (rpr))

§6214-D. Licensed alcohol and drug counselor; qualification for licensure

1. Eligibility. To be eligible to practice as a licensed alcohol and drug counselor, an applicant must:

A. Be at least 18 years of age; [2003, c. 347, §16 (new); §25 (aff).]

B. Have taken and passed an examination as prescribed by board rule; [2003, c. 347, §16 (new); §25 (aff).]

C. Have paid an application and license fee under section 6215; and [2003, c. 347, §16 (new); §25 (aff).]

D. Meet one of the following educational requirements:

(1) A high school diploma or its equivalent, course work as defined by board rule and a minimum of 6,000 hours of documented supervised practice in alcohol and drug counseling or 2,000 hours if the applicant holds a valid certified alcohol and drug counselor certification;

(2) An associate or bachelor's degree from an accredited college or university in clinically based behavioral sciences or addiction counseling or a related field as defined by board rule, course work as defined by board rule and a minimum of 4,000 hours of documented supervised practice in alcohol and drug counseling; or

(3) A master's degree from an accredited college or university in clinically based behavioral sciences or addiction counseling or a related field as defined by board rule, course work as defined by board rule and a minimum of 2,000 hours of documented supervised practice in alcohol and drug counseling.
[2003, c. 347, §16 (new); §25 (aff).]

[2003, c. 347, §16 (new); §25 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §6214. Certificate of registration (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 3: REGISTRATION AND LICENSURE (HEADING: PL 1987, c. 395, Pt. A, @202 (rpr))

§6214. Certificate of registration (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §6215. Application; fees

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 3: REGISTRATION AND LICENSURE (HEADING: PL 1987, c. 395, Pt. A, @202 (rpr))

§6215. Application; fees

Application for registration, certification or licensure to practice alcohol and drug counseling must be on forms prescribed and furnished by the board. The Director of the Office of Licensing and Registration may establish by rule fees for purposes authorized under this subchapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $200 annually. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. [2003, c. 347, §17 (amd); §25 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §6216. Examinations

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 3: REGISTRATION AND LICENSURE (HEADING: PL 1987, c. 395, Pt. A, @202 (rpr))

§6216. Examinations

The board shall prepare an examination to measure the competence of an applicant to engage in the practice of alcohol and drug counseling in accordance with this chapter. The board may employ and cooperate with any organization or consultant in the preparation, administration and grading of an examination. The board may adopt rules establishing examination criteria. Applicants for examination must pay an examination fee as set under section 6215. [2003, c. 347, §18 (rpr); §25 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §6217-A. Suspension and revocation

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 4: SUSPENSION AND REVOCATION

§6217-A. Suspension and revocation

The board may suspend or revoke a registration, certificate or license pursuant to Title 5, section 10004. In addition, the board may refuse to issue or renew or the District Court may suspend, revoke or refuse to renew a license, certificate or registration on any of the following grounds: [2003, c. 347, §19 (amd); §25 (aff).]

1. Fraud or deceit. The practice of fraud or deceit in obtaining a registration, certificate or license under this chapter or in connection with services rendered as an alcohol and drug counselor, alcohol and drug counseling aide or clinical supervisor; [2003, c. 347, §19 (amd); §25 (aff).]

2. Active abuse. Active abuse of alcohol or any other drug that in the judgment of the board is detrimental to the performance or competency of an alcohol and drug counselor, alcohol and drug counseling aide or clinical supervisor; [2003, c. 347, §19 (amd); §25 (aff).]

3. Mental incompetency. A legal finding of mental incompetency; [1983, c. 413, §218 (rpr).]

4. Aiding and abetting misrepresentation. Aiding or abetting a person not duly licensed, certified or registered as a provider of alcohol and drug counseling services in representing that person as a licensed alcohol and drug counselor, certified clinical supervisor, certified alcohol and drug counselor or registered alcohol and drug counseling aide in this State; [2003, c. 347, §19 (amd); §25 (aff).]

5. Unprofessional conduct or negligence. Any gross negligence, incompetency, misconduct or violation of the existing code of ethics in the performance of alcohol and drug counseling services; [1995, c. 394, §25 (amd).]

6. Criminal conviction. Subject to the limitations of Title 5, chapter 341, conviction of a Class A, B or C crime or of a crime that, if committed in this State, would be punishable by one year or more of imprisonment; [2003, c. 347, §19 (amd); §25 (aff).]

6-A. Incompetence in the practice of counseling. Any incompetence in the practice of counseling such as engaging in conduct that evidences a lack of ability or fitness to discharge the duty owed by the certified alcohol and drug counselor, alcohol and drug counseling aide or certified clinical supervisor to a client or engaging in conduct that evidences a lack of knowledge or inability to apply principles or skills to carry out the practice for which that person is licensed, certified or registered; or [2003, c. 347, §19 (amd); §25 (aff).]

7. Valid cause. Any other valid cause including violation of any provision of this chapter or rule of the board. [1991, c. 456, §30 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §6217. Suspension and revocation (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 4: SUSPENSION AND REVOCATION

§6217. Suspension and revocation (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §6218. Issuance after denial, suspension or revocation

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 4: SUSPENSION AND REVOCATION

§6218. Issuance after denial, suspension or revocation

Any individual whose license, certification or registration has been denied, suspended or revoked may apply to the board for licensure, registration or certification reinstatement one year after the date of the board's original action. A competency review is a condition of reinstatement. The board shall determine the nature of this review and shall adopt rules in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter 2-A. [2003, c. 347, §20 (amd); §25 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §6219-A. Continuing education

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 4: SUSPENSION AND REVOCATION

§6219-A. Continuing education

1. Requirements. The board may adopt continuing education requirements and approve programs and courses by rule. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A. [2003, c. 347, §22 (new); §25 (aff).]

2. Program approval. Each application for approval of a continuing education program or course must be submitted according to the guidelines prescribed by rule, together with the required fee under section 6215. The fee is retained whether or not the application is approved. [2003, c. 347, §22 (new); §25 (aff).]

3. Core requirement. The board may establish a core educational requirement for each license type under this chapter. [2003, c. 347, §22 (new); §25 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §6219-B. Inactive license status

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 4: SUSPENSION AND REVOCATION

§6219-B. Inactive license status

1. Placement on inactive status. A registrant, certificate holder or licensee under this chapter who does not desire to perform any of the activities described in section 6203, subsections 1-C, 1-D, 1-E and 5 and who wants to preserve the registration, certificate or license while not engaged in any alcohol and drug counseling activity may surrender that registration, certificate or license to the board for placement on inactive status. The board may place the registration, certificate or license on inactive status and issue an inactive license only upon proper application and payment of the required fee under section 6215. During inactive status, the registrant, certificate holder or licensee is required to renew the inactive registration, certificate or license annually but is not required to meet the continuing educational provisions of section 6219-A. [2003, c. 347, §22 (new); §25 (aff).]

2. Reinstatement to active status. A registrant, certificate holder or licensee who has surrendered a registration, certificate or license pursuant to this section may have that registration, certificate or license reinstated to active status by submitting proper application and payment of the required fee under section 6215 and completing continuing education requirements as determined by board rule. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A. [2003, c. 347, §22 (new); §25 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §6219. Expiration and renewal

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 4: SUSPENSION AND REVOCATION

§6219. Expiration and renewal

All licenses, certifications and registrations issued pursuant to this chapter expire annually on November 30th or at such other time as the Commissioner of Professional and Financial Regulation may designate. Licensees, certificate holders and registrants must renew their licenses, certificates and registrations on or before November 30th annually by filing an application prescribed by the board, completing any continuing education requirements established by board rule and paying the required fee under section 6215. [2003, c. 347, §21 (amd); §25 (aff).] div>
Licenses, certifications and registrations issued pursuant to this chapter may be renewed up to 90 days after the date of expiration upon payment of a late fee in addition to the renewal fee. Any person who submits an application for renewal more than 90 days after the renewal date is subject to all requirements governing new applicants under this chapter, except that the board may in its discretion, giving due consideration to the protection of the public, waive examination if that renewal application is made within 2 years from the date of that expiration or if the applicant is a registered inactive alcohol and drug counselor. The board is responsible for mailing notification of the date of expiration to any licensed alcohol and drug counselor or inactive alcohol and drug counselor not later than 30 days prior to the date of expiration. [2003, c. 347, §21 (amd); §25 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §6220. Endorsement

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 4: SUSPENSION AND REVOCATION

§6220. Endorsement

The board may waive the requirements of this chapter and grant a registration, certificate or license to any applicant who presents proof of authorization to practice by another jurisdiction of the United States or another country that maintains professional standards considered by the board to be substantially equivalent to or higher than those set forth in this chapter, as long as there is no cause for denial of a registration, certificate or license under section 6217-A. The applicant must pay the application and license fee as set under section 6215. [2003, c. 347, §23 (rpr); §25 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §6221. Treatment of minors

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 4: SUSPENSION AND REVOCATION

§6221. Treatment of minors

Any person licensed under this chapter who renders counseling services to a minor for the treatment of problems associated with the abuse of drugs or alcohol is under no obligation to obtain the consent of that minor's parent or guardian or to inform that parent or guardian of that treatment. Nothing in this section may be construed so as to prohibit the licensed person rendering that treatment from informing that parent or guardian. For the purposes of this section "abuse of drugs" means the use of drugs solely for their stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and not as a therapeutic agent recommended by a practitioner in the course of medical treatment. [1991, c. 509, §28 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §6222. Receipts and disbursements (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 81: ALCOHOL AND DRUG COUNSELORS (HEADING: RR 1997, c. 2, @55 (cor))
Subchapter 4: SUSPENSION AND REVOCATION

§6222. Receipts and disbursements (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01

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