North Carolina § 90-113 - 31A. Definitions.

§ 90-113. 31A. Definitions.

The following definitions apply in this Article: Alcohol and drug counselor intern. - A registrant who successfully completes 300 hours of Board-approved supervised practical training in pursuit of credentialing as a alcohol and drug counselor. Applicant. - A person who has initiated a process to become a substance use disorder professional pursuant to this Article. Applicant supervisor. - A person who provides supervision as required by the Board to persons applying for registration, certification, or licensure as a substance use disorder professional pursuant to this Article. Board. - The North Carolina Addictions Specialist Professional Practice Board. Certified clinical supervisor. - A person certified by the Board to practice as a clinical supervisor in accordance with the provisions of this Article. Certified criminal justice addictions professional. - A person certified by the Board to practice as a criminal justice addictions professional who, under supervision, provides direct services to clients or offenders exhibiting substance use disorders and works in a program determined by the Board to be involved in a criminal justice setting. Certified alcohol and drug counselor. - A person certified by the Board to practice under the supervision of a practice supervisor as a alcohol and drug counselor in accordance with the provisions of this Article. Certified prevention specialist. - A person certified by the Board to practice substance use disorder prevention in accordance with the provisions of this Article. (Contingent repeal - see note) Certified substance abuse residential facility director. - A person certified by the Board to practice as a substance abuse residential facility director in accordance with the provisions of this Article. Repealed by Session Laws 2008-130, s. 1, effective July 28, 2008. Clinical supervisor intern. - A person designated by the Board to practice as a clinical supervisor under the supervision of a certified clinical supervisor for a period not to exceed three years without a showing of good cause in accordance with the provisions of this Article. Counseling. - The utilization of special skills to assist individuals, families, or groups in achieving objectives, including the following: Exploring a problem and its ramifications. Examining attitudes and feelings. Considering alternative solutions. Decision making. Credential. - Any registration, certification, or license issued by the Board. Credentialing body. - A board that licenses, certifies, registers, or otherwise regulates a profession or practice. Criminal history. - A history of conviction of a State crime, whether a misdemeanor or felony, that bears on an applicant's fitness for licensure to practice substance use disorder professional services. The crimes include the criminal offenses set forth in any of the following Articles of Chapter 14 of the General Statutes: Article 5, Counterfeiting and Issuing Monetary Substitutes; Article 5A, Endangering Executive and Legislative Officers; Article 6, Homicide; Article 7B, Rape and Other Sex Offenses; Article 8, Assaults; Article 10, Kidnapping and Abduction; Article 13, Malicious Injury or Damage by Use of Explosive or Incendiary Device or Material; Article 14, Burglary and Other Housebreakings; Article 15, Arson and Other Burnings; Article 16, Larceny; Article 17, Robbery; Article 18, Embezzlement; Article 19, False Pretenses and Cheats; Article 19A, Obtaining Property or Services by False or Fraudulent Use of Credit Device or Other Means; Article 19B, Financial Transaction Card Crime Act; Article 20, Frauds; Article 21, Forgery; Article 26, Offenses Against Public Morality and Decency; Article 26A, Adult Establishments; Article 27, Prostitution; Article 28, Perjury; Article 29, Bribery; Article 31, Misconduct in Public Office; Article 35, Offenses Against the Public Peace; Article 36A, Riots, Civil Disorders, and Emergencies; Article 39, Protection of Minors; Article 40, Protection of the Family; Article 59, Public Intoxication; and Article 60, Computer-Related Crime. The crimes also include possession or sale of drugs in violation of the North Carolina Controlled Substances Act in Article 5 of Chapter 90 of the General Statutes and alcohol-related offenses including sale to underage persons in violation of G.S. 18B-302 or driving while impaired in violation of G.S. 20-138.1 through G.S. 20-138.5. Deemed status. - Recognition by the Board of the credentials offered by a professional discipline whereby the individuals certified, licensed, or otherwise recognized by the discipline as having met the standards of a clinical addictions specialist may apply individually for licensure as a licensed clinical addictions specialist. Dual relationship. - A relationship in addition to the professional relationship with a person to whom the substance use disorder professional delivers services in the Twelve Core Functions or the performance domains, both as defined in rules adopted by the Board, or as provided in a supervisory capacity. These relationships may result in grounds for disciplinary action. Human services field. - An area of study that focuses on the biological, psychological, behavioral, and social aspects of human welfare with focus on the direct services designed to improve it. Independent study. - Directed study undertaken by an individual with little or no supervision that does not include traditional classroom-based study that must be preapproved by the Board or any organization that has deemed status with the Board, or any online course of study that does not include a network-enabled transfer of skills and knowledge from teacher to student being performed at the same time. Licensed clinical addictions specialist. - A person licensed by the Board to practice as a clinical addictions specialist in accordance with the provisions of this Article. 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. Practice supervisor. - A certified clinical supervisor, clinical supervisor intern, or licensed clinical addictions specialist who provides oversight and responsibility in a face-to-face capacity for each certified alcohol and drug counselor or criminal justice addictions professional. Prevention. - The reduction, delay, or avoidance of alcohol and of other drug use behavior. "Prevention" includes the promotion of positive environments and individual strengths that contribute to personal health and well-being over an entire life and the development of strategies that encourage individuals, families, and communities to take part in assessing and changing their lifestyles and environments. Professional discipline. - A field of study characterized by the technical, educational, and ethical standards of a profession. Registrant. - A person who completes all requirements to be registered with the Board and is supervised by a certified clinical supervisor or clinical supervisor intern. Substance use disorder counseling. - The assessment, evaluation, and provision of counseling and therapeutic service to persons suffering from substance use disorder or dependency. Renumbered as subdivision (1). (For effective until date - see note) Substance use disorder professional. - A registrant, certified alcohol and drug counselor, alcohol and drug counselor intern, certified prevention specialist, certified clinical supervisor, licensed clinical addictions specialist associate, licensed clinical addictions specialist, certified substance abuse residential facility director, clinical supervisor intern, or certified criminal justice addictions professional. Traditional classroom-based study. - An educational method of learning involving face-to-face communication or other shared communication being performed in either a shared physical setting or by audio conferencing methods, video conferencing methods, or both. (26) (For postponed effective date, see note) Substance use disorder professional. - A registrant, certified alcohol and drug counselor, alcohol and drug counselor intern, certified prevention specialist, certified clinical supervisor, licensed clinical addictions specialist associate, licensed clinical addictions specialist, clinical supervisor intern, or certified criminal justice addictions professional. History (1993 (Reg. Sess., 1994), c. 685, s. 1; 1997-492, s.2; 1999-164, s. 1; 1999-456, s. 24; 2001-370, s. 1; 2005-431, s. 1; 2008-130, s. 1; 2012-12, s. 2(hh); 2012-72, s. 5; 2015-181, s. 47; 2019-240, ss. 4(a), 8(c), 9(b), (c).) Postponed Repeal of Subdivision (8). - Session Laws 2019-240, s. 9(h), provides for the repeal of subdivision (8) of this section effective upon the expiration of the last certified substance abuse residential facility director credential issued prior to November 6, 2019 by the North Carolina Substance Abuse Professional Practice Board. The North Carolina Substance Abuse Professional Practice Board shall notify the Revisor of Statutes when the last credential issued by the Board has expired. Subdivision (26) Set Out Twice. - The first version of subdivision (26) set out above is effective until the conditions described in Session Laws 2019-240, s. 9(h), have been met. The second version of subdivision (26) set out above is effective after the conditions have been met. Session Laws 2019-240, s. 9(h), provides that the amendment is effective upon the expiration of the last certified substance abuse residential facility director credential issued prior to the effective date of this act by the North Carolina Substance Abuse Professional Practice Board. The North Carolina Substance Abuse Professional Practice Board shall notify the Revisor of Statutes when the last credential issued by the Board has expired. Editors' Note. - Subdivision (22a), as amended by Session Laws 2012-72, s. 5, was redesignated as subdivision (19a) at the direction of the Revisor of Statutes, to maintain alphabetical order. Session Laws 2015-181, s. 47, provides: "The Revisor of Statutes may correct statutory references, as required by this act, throughout the General Statutes. In making the changes authorized by this act, the Revisor may also adjust the order of lists of multiple statutes to maintain statutory order, correct terms, make conforming changes to catch lines and references to catch lines, and adjust subject and verb agreement and the placement of conjunctions." Pursuant to this authority, the Revisor of Statutes substituted "Article 7B" for "Article 7A"' in subdivision (14). Session Laws 2015-181, s. 48, provides: "This act becomes effective December 1, 2015, and applies to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Session Laws 2019-240, s. 8(c), rewrote the defined term and definition in subdivision (25) so that it was no longer in alphabetical order. The definition for "Alcohol and drug counselor intern,” has been renumbered as subdivision (1), and the definition for "Applicant” has been renumbered as subdivision (1a) to maintain alphabetical order at the direction of the Revisor of Statutes. Session Laws 2019-240, s. 8(p), made the rewriting of this section by Session Laws 2019-240, s. 8(c), effective January 1, 2020, and applicable to licenses granted or renewed on or after that date. Session Laws 2019-240, s. 9(a), effective November 6, 2019, provides: "The certified substance abuse residential facility director credential is discontinued. The North Carolina Substance Abuse Professional Practice Board shall no longer issue or renew a certified substance abuse residential facility director credential to any person." Session Laws 2019-240, s. 9(h), made the amendment of subdivision (26) by Session Laws 2019-240, s. 9(c), effective upon the expiration of the last certified substance abuse residential facility director credential issued prior to the effective date of this act by the North Carolina Substance Abuse Professional Practice Board. The North Carolina Substance Abuse Professional Practice Board shall notify the Revisor of Statutes when the last credential issued by the Board has expired. Effect of Amendments. - Session Laws 2008-130, s. 1, effective July 28, 2008, deleted subdivision (9), which defined clinical addictions specialist intern; added subdivision (22a); in subdivision (25), substituted "registrant" for "person" and deleted "and passes a written examination" following "supervised practical training"; and in subdivision (26), substituted "provisional licensed clinical addictions specialist" for "clinical addictions specialist intern" and inserted "clinical supervisor intern." Session Laws 2012-12, s. 2(hh), effective October 1, 2012, substituted "Riots, Civil Disorders, and Emergencies" for "Riots and Civil Disorders" in subdivision (14). Session Laws 2012-72, s. 5, effective June 26, 2012, in subdivision (22a), substituted "Licensed Clinical Addictions Specialist Associate" for "Provisional licensed clinical addictions specialist"; and in subdivision (26), substituted "licensed clinical addictions specialist associate" for "provisional licensed clinical addictions specialist." Session Laws 2019-240, s. 4(a), effective January 1, 2020, deleted "shall" preceding "apply" in the introductory language; rewrote subdivision (18), which formerly read: "Independent study. - Any course of study that is not traditional classroom-based that must be preapproved by the Board or any organization that has deemed status with the Board."; and added subdivision (27). Session Laws 2019-240, s. 8(c), rewrote the section. For effective date and applicability, see editor's note. Session Laws 2019-240, s. 9(b), deleted former subdivision (8), which read: "Certified substance abuse residential facility director. - A person certified by the Board to practice as a substance abuse residential facility director in accordance with the provisions of this Article." For effective date, see Postponed Repeal of Subdivision (8) note. Session Laws 2019-240, s. 9(c), deleted "certified substance abuse residential facility director" following "addictions specialist" in subdivision (26). For effective date, see editor's note.