Bill Text: NC H1081 | 2011-2012 | Regular Session | Chaptered
Bill Title: Provisional Licensure Changes Medicaid.-AB
Spectrum: Bipartisan Bill
Status: (Passed) 2012-06-26 - Ch. SL 2012-72 [H1081 Detail]
Download: North_Carolina-2011-H1081-Chaptered.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
SESSION LAW 2012-72
HOUSE BILL 1081
AN ACT relating to changes pertaining to licensed clinical social workers, clinical addiction specialists, and psychologists, as recommended by the Joint Oversight Committee on Health and Human Services.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 90‑270.5(d) reads as rewritten:
"(d) For permanent licensure as a licensed psychologist, an otherwise qualified psychologist must secure two years of acceptable and appropriate supervised experience germane to his or her training and intended area of practice as a psychologist. The Board shall permit such supervised experience to be acquired on a less than full‑time basis, and shall additionally specify in its rules the format, setting, content, time frame, amounts of supervision, qualifications of supervisors, disclosure of supervisory relationships, the organization of the supervised experience, and the nature of the responsibility assumed by the supervisor. Supervision of health services must be received from qualified licensed psychologists holding health services provider certificates, or from other psychologists recognized by the Board in accordance with Board rules.
(1) One of these years of experience shall be postdoctoral, and for this year, the Board may require, as specified in its rules, that the supervised experience be comparable to the knowledge and skills acquired during formal doctoral or postdoctoral education, in accordance with established professional standards.
(2) One of these years may be predoctoral and the Board shall establish rules governing appropriate supervised predoctoral experience.
(3) A psychologist who meets
all other requirements of G.S. 90‑270.11(a) as a licensed
psychologist, except the two years of supervised experience, may be issued a
provisional license as a psychologist or a license as a psychological
associate, without having received a master's degree or specialist degree in
psychology, by the Board for the practice of psychology. If the
psychologist terminates the supervised experience before the completion of two
years, the Board may place the psychologist on inactive status, during which
time supervision will not be required, and the practice of psychology or the
offer to practice psychology is prohibited. In the event a licensed
psychologist issued a provisional license under this subsection is placed on
inactive status or is completing the supervised experience on a part‑time
basis, the Board may renew the provisional license as necessary until such time
as the psychologist has completed the equivalent of two years' supervised
experience."
SECTION 2. G.S. 90B‑3 reads as rewritten:
"§ 90B‑3. Definitions.
The following definitions apply in this Chapter:
…
(7a) Provisional Licensed
Clinical Social Worker.Licensed Clinical Social Worker Associate. –
A person issued a provisionalan associate license to provide
clinical social work services pursuant to G.S. 90B‑7(f).
(8) Social Worker. – A
person certified, licensed, or provisionallyassociate licensed by
this Chapter or otherwise exempt under G.S. 90B‑10."
SECTION 3. G.S. 90B‑7(f) reads as rewritten:
"(f) The Board may
issue a provisionalan associate license in clinical social work
to a person who has a masters or doctoral degree in a social work program from
a college or university having a social work program approved by the Council on
Social Work Education and desires to be licensed as a clinical social worker.
The provisionalassociate license may not be issued for a period
exceeding two years and the person issued the provisionalassociate
license must practice under the supervision of a licensed clinical social
worker or a Board‑approved alternate. Notwithstanding G.S. 90B‑6(g),
a provisionalan associate licensee shall pass the qualifying
clinical examination prescribed by the Board within two years to be eligible
for renewal of the provisionalassociate license. The provisionalassociate
licensee shall complete all requirements for full licensure within three
renewal cycles, or a total of six years, unless otherwise directed by the
Board."
SECTION 4. G.S. 90B‑16(a) reads as rewritten:
"§ 90B‑16. Title protection.
(a) Except as provided in G.S. 90B‑10,
an individual who (i) is not certified, licensed, or provisionallyassociate
licensed by this Chapter as a social worker, (ii) does not hold a bachelor's or
master's degree in social work from a college or university having a social
work program accredited or admitted to candidacy for accreditation by the
Council of Social Work Education, or (iii) has not received a doctorate in
social work shall not use the title "Social Worker" or any variation
of the title."
SECTION 5. G.S. 90‑113.31A reads as rewritten:
"§ 90‑113.31A. Definitions.
The following definitions shall apply in this Article:
…
(22a) Provisional licensed
clinical addictions specialist.Licensed Clinical Addictions Specialist
Associate. – A registrant who successfully completes 300 hours of Board‑approved
supervised practical training in pursuit of licensure as a clinical addictions
specialist.
…
(26) Substance abuse
professional. – A registrant, certified substance abuse counselor, substance
abuse counselor intern, certified substance abuse prevention consultant,
certified clinical supervisor, provisional licensed clinical addictions
specialist,licensed clinical addictions specialist associate, licensed
clinical addictions specialist, certified substance abuse residential facility
director, clinical supervisor intern, or certified criminal justice addictions
professional."
SECTION 6. G.S. 90‑113.42(d) reads as rewritten:
"(d) Only individuals
registered, certified, or licensed under this Article may use the title "Certified
Substance Abuse Counselor", "Certified Substance Abuse Prevention
Consultant", "Certified Clinical Supervisor", "Licensed
Clinical Addictions Specialist","Licensed Clinical Addictions
Specialist Associate", "Certified Substance Abuse Residential
Facility Director", "Certified Criminal Justice Addictions
Professional", "Substance Abuse Counselor Intern", "Provisional
Licensed Clinical Addictions Specialist", "Clinical Supervisor Intern",
or "Registrant"."
SECTION 7. G.S. 90‑113.43 reads as rewritten:
"§ 90‑113.43. Illegal practice; misdemeanor penalty.
(a) Except as otherwise authorized in this Article, no person shall:
(1) Offer substance abuse
professional services, practice, attempt to practice, or supervise while
holding himself or herself out to be a certified substance abuse counselor,
certified substance abuse prevention consultant, certified clinical supervisor,
licensed clinical addictions specialist, provisional licensed clinical
addictions specialist, licensed clinical addictions specialist
associate, certified substance abuse residential facility director,
certified criminal justice addictions professional, clinical supervisor intern,
substance abuse counselor intern, or registrant without first having obtained a
notification of registration, certification, or licensure from the Board.
(2) Use in connection with
any name any letters, words, numerical codes, or insignia indicating or
implying that this person is a registrant, certified substance abuse counselor,
certified substance abuse prevention consultant, certified clinical supervisor,
licensed clinical addictions specialist, certified substance abuse residential
facility director, substance abuse counselor intern, certified criminal justice
addictions professional, or provisional licensed clinical addictions
specialist, licensed clinical addictions specialist associate, unless
this person is registered, certified, or licensed pursuant to this Article.
(3) Practice or attempt to
practice as a certified substance abuse counselor, certified substance abuse
prevention consultant, certified clinical supervisor, licensed clinical
addictions specialist, certified criminal justice addictions professional,
substance abuse counselor intern, provisional licensed clinical addictions
specialist, licensed clinical addictions specialist associate, clinical
supervisor intern, certified substance abuse residential facility director or
registrant with a revoked, lapsed, or suspended certification or license.
(4) Aid, abet, or assist any
person to practice as a certified substance abuse counselor, certified
substance abuse prevention consultant, certified criminal justice addictions
professional, certified clinical supervisor, licensed clinical addictions
specialist, certified substance abuse residential facility director,
registrant, substance abuse counselor intern, provisional licensed clinical
addictions specialist, licensed clinical addictions specialist
associate, or clinical supervisor intern in violation of this Article.
(5) Knowingly serve in a
position required by State law or rule or federal law or regulation to be
filled by a registrant, certified substance abuse counselor, certified
substance abuse prevention consultant, certified criminal justice addictions
professional, certified clinical supervisor, licensed clinical addictions
specialist, certified substance abuse residential facility director, substance
abuse counselor intern, provisional licensed clinical addictions specialist,
licensed clinical addictions specialist associate, or clinical
supervisor intern unless that person is registered, certified, or licensed
under this Article.
(6) Repealed by S.L. 1997‑492, s. 13.
(7) Repealed by Session Laws 2008‑130, s. 6, effective July 28, 2008.
(b) A person who engages in any of the illegal practices enumerated by this section is guilty of a Class 1 misdemeanor. Each act of unlawful practice constitutes a distinct and separate offense."
SECTION 8. Section 10.31(d)(1)n. of S.L. 2011‑145 reads as rewritten:
"n. Mental health services. – Coverage is limited to children eligible for EPSDT services provided by:
1. Licensed or certified psychologists, licensed clinical social workers, licensed clinical social workers associates, certified clinical nurse specialists in psychiatric mental health advanced practice, nurse practitioners certified as clinical nurse specialists in psychiatric mental health advanced practice, licensed psychological associates, licensed professional counselors, licensed professional counselor associates, licensed marriage and family therapists, licensed marriage and family therapist associates, licensed clinical addictions specialists, licensed clinical addiction specialists associate, and certified clinical supervisors, when Medicaid‑eligible children are referred by the Community Care of North Carolina primary care physician, a Medicaid‑enrolled psychiatrist, or the area mental health program or local management entity, and
2. Institutional providers of residential services as defined by the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services and approved by the Centers for Medicare and Medicaid Services (CMS) for children and Psychiatric Residential Treatment Facility services that meet federal and State requirements as defined by the Department."
SECTION 9. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 20th day of June, 2012.
s/ Walter H. Dalton
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 4:15 p.m. this 26th day of June, 2012
