§ 801 § 801. Definitions
As used in this chapter:
(1) "Alcohol and drug abuse counselor" means a person who engages in the practice of alcohol and drug abuse counseling for compensation.
(2) "Commissioner" means the commissioner of the department of health.
(3) "Director" means the director of the division of alcohol and drug abuse programs.
(4) "Disciplinary action" means any action taken by the administrative law officer appointed pursuant to subsection 129(j) of Title 3 against a licensee or applicant based on a finding of unprofessional conduct by the licensee or applicant. "Disciplinary action" includes issuance of warnings and all sanctions, including denial, suspension, revocation, limitation or restriction of licenses and other similar limitations.
(5) "Practice of alcohol and drug abuse counseling" means the application of methods, including psychotherapy, which assist an individual or group to develop an understanding of alcohol and drug abuse dependency problems, define goals and plan actions reflecting the individual's or group's interests, abilities and needs as affected by alcohol and drug abuse dependency problems and co-morbid conditions.
(6) "Supervision" means the oversight of a person for the purposes of teaching, training or clinical review by a professional in the same area of specialized practice. (Added 1999, No. 133 (Adj. Sess.), § 38, eff. Jan. 1, 2001.)
§ 802 § 802. Prohibition; penalties
(a) No person shall perform any of the following acts:
(1) Practice or attempt to practice alcohol and drug abuse counseling without a valid license issued in accordance with this chapter, except as otherwise provided in section 803 of this title.
(2) Use in connection with the person's name any letters, words, or insignia indicating or implying that the person is an alcohol and drug abuse counselor, unless the person is licensed in accordance with this chapter.
(b) A person who violates any of the provisions of this section shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 1999, No. 133 (Adj. Sess.), § 38, eff. Jan. 1, 2001; 2007, No. 29, § 76.)
§ 803 § 803. Exemptions
The provisions of subdivision 802(a)(1) of this title, relating to the practice of alcohol and drug abuse counseling, shall not apply to:
(1) The activities and services of a rabbi, priest, minister, Christian Science practitioner, or clergy of any religious denomination or sect when engaging in activities that are within the scope of the performance of the person's regular or specialized ministerial duties and for which no separate charge is made, or when these activities are performed, with or without charge, for or under the auspices or sponsorship, individually or in conjunction with others, of an established and legally recognizable church, denomination or sect, and when the person rendering services remains accountable to the established authority of that church, denomination or sect.
(2) The activities and services of a person licensed, certified or registered under other laws of this state while acting within the scope of his or her profession or occupation, provided the person does not hold himself or herself out to the public as possessing a license issued pursuant to this chapter.
(3) The activities and services of a student intern or trainee in alcohol and drug abuse counseling who is pursuing a course of study in an accredited institution of higher education or a training course approved by the director, provided these activities are performed under supervision of and constitute a part of an approved course of study.
(4) The activities and services of approved alcohol and drug counselors who are working under the supervision of a licensed alcohol and drug abuse counselor.
(5) A person acting as a member of a voluntary group of individuals who offer peer support to each other in recovering from an addiction. (Added 1999, No. 133 (Adj. Sess.), § 38, eff. Jan. 1, 2001.)
§ 804 § 804. Coordination of practice acts
Notwithstanding any provision of law to the contrary, a person may practice psychotherapy when acting within the scope of a license granted under this chapter, provided he or she does not hold himself or herself out as a practitioner of a profession for which he or she is not licensed. (Added 1999, No. 133 (Adj. Sess.), § 38, eff. Jan. 1, 2001.)
§ 805 § 805. Director; duties
(a) The director shall:
(1) Provide general information to applicants for licensure as alcohol and drug abuse counselors.
(2) Administer fees collected under this chapter.
(3) Administer examinations.
(4) Explain appeal procedures to licensees and applicants for licensure.
(5) Receive applications for licensure under this chapter, issue and renew licenses and revoke, suspend, reinstate or condition licenses as ordered by an administrative law officer.
(6) Contract with the office of professional regulation to adopt and explain complaint procedures to the public, manage case processing, investigate complaints and refer adjudicatory proceedings to an administrative law officer.
(b) The commissioner of health, with the advice of the director and the advisor appointees, may adopt rules necessary to perform the director's duties under this section. (Added 1999, No. 133 (Adj. Sess.), § 38, eff. Jan. 1, 2001.)
§ 806 § 806. Repealed. 2009, No. 135 (Adj.. Sess.), § 26(17)(B).
§ 807 § 807. Eligibility
To be eligible for licensure as an alcohol and drug abuse counselor, an applicant shall:
(1) Have received a master's degree or doctorate in a human services field from an accredited educational institution, including degrees in counseling, social work, psychology, or in an allied mental health field, or a master's degree or higher in a health care profession regulated under this title or Title 26, after having successfully completed a course of study with course work, including theories of human development, diagnostic and counseling techniques, and professional ethics, and which includes a supervised clinical practicum.
(2) Have been awarded an approved counselor credential from the division of alcohol and drug abuse programs in accordance with rules adopted by the director. (Added 1999, No. 133 (Adj. Sess.), § 38, eff. Jan. 1, 2001.)
§ 808 § 808. Application
An individual may apply for a license under this chapter by filing, with the director, an application provided by the director. The application shall be accompanied by the required fees and evidence of eligibility. (Added 1999, No. 133 (Adj. Sess.), § 38, eff. Jan. 1, 2001.)
§ 809 § 809. Biennial renewals
(a) Licenses shall be renewed every two years upon payment of the required fee, provided the person applying for renewal completes at least 40 hours of continuing education, approved by the director, during the preceding two-year period. The director shall establish, by rule, guidelines and criteria for continuing education credit.
(b) Biennially, the director shall forward a renewal form to each license holder. Upon receipt of the completed form and the renewal fee, the director shall issue a new license.
(c) Any application for renewal of a license which has expired shall be accompanied by the renewal fee and a reinstatement fee. A person shall not be required to pay renewal fees for years during which the license was lapsed.
(d) The commissioner of health may, after notice and opportunity for hearing, revoke a person's right to renew a license if the license has lapsed for five or more years. (Added 1999, No. 133 (Adj. Sess.), § 38, eff. Jan. 1, 2001.)
§ 810 § 810. Unprofessional conduct
The following conduct and the conduct set forth in 3 V.S.A. § 129a, by a person authorized to provide alcohol and drug abuse services under this chapter or an applicant for licensure, constitutes unprofessional conduct:
(1) Violation of any provision of this chapter or rule adopted under this chapter.
(2) Failing to use a complete title in professional activity.
(3) Conduct which evidences moral unfitness to practice alcohol and drug abuse counseling.
(4) Negligent, incompetent, or wrongful conduct in the practice of alcohol and drug abuse counseling.
(5) Harassing, intimidating, or abusing a client.
(6) Agreeing with any other person or organization, or subscribing to any code of ethics or organizational bylaws, when the intent or primary effect of that agreement, code, or bylaw is to restrict or limit the flow of information concerning alleged or suspected unprofessional conduct to the director. (Added 1999, No. 133 (Adj. Sess.), § 38, eff. Jan. 1, 2001; amended 2005, No. 148 (Adj. Sess.), § 52.)
§ 811 § 811. Regulatory fee fund
(a) An alcohol and drug counselor regulatory fee fund is created. All counselor licensing and examination fees received by the division shall be deposited into the fund, and used to offset the costs incurred by the division for these purposes and for the costs of investigations and disciplinary proceedings.
(b) To ensure that revenues derived by the division are adequate to offset the cost of regulation, the commissioner of health and the director shall review fees from time to time, and present proposed fee changes to the general assembly.
In addition to the fees otherwise authorized by law, the director may charge the following fees:
(1) Late renewal penalty, $25.00 for a renewal submitted less than 30 days late. Thereafter, the director may increase the late renewal penalty by $5.00 for every additional month or fraction of a month, provided that the total penalty for a late renewal shall not exceed $100.00.
(2) Reinstatement of revoked or suspended license, $20.00.
(3) Replacement of license, $20.00.
(4) Verification of license, $20.00.
(5) An examination fee established by the director, which shall be no greater than the costs associated with examinations.
(6) Licenses granted under rules adopted pursuant to subdivision 129(a)(10) of Title 3, $20.00.
(7) Application for registration, $75.00.
(8) Application for licensure or certification, $100.00.
(9) Biennial renewal, $135.00.
(10) Limited temporary license or work permit, $50.00. (Added 1999, No. 133 (Adj. Sess.), § 38, eff. Jan. 1, 2001.)
§ 812 § 812. Fees
In addition to the fees otherwise authorized by law, the director may charge the following fees:
(1) Late renewal penalty, $25.00 for a renewal submitted less than 30 days late. Thereafter, the director may increase the late renewal penalty by $5.00 for every additional month or fraction of a month, provided that the total penalty for a late renewal shall not exceed $100.00.
(2) Reinstatement of revoked or suspended license, $20.00.
(3) Replacement of license, $20.00.
(4) Verification of license, $20.00.
(5) An examination fee established by the director, which shall be no greater than the costs associated with examinations.
(6) Licenses granted under rules adopted pursuant to subdivision 129(a)(10) of Title 3, $20.00.
(7) Application for registration, $75.00.
(8) Application for licensure or certification, $100.00.
(9) Biennial renewal, $135.00.
(10) Limited temporary license or work permit, $50.00. (Added 1999, No. 133 (Adj. Sess.), § 38, eff. Jan. 1, 2001.)