North Carolina § 90-113 - 42. Violations; exemptions.

§ 90-113. 42. Violations; exemptions.

It shall be unlawful for any person not licensed or otherwise credentialed as a substance use disorder professional pursuant to this Article to engage in those activities set forth in the scope of practice of a substance use disorder professional under G.S. 90-113.31B, unless that person is regulated by another profession or is a registrant or intern as defined by this Article. It is not the intent of this Article to regulate members of other regulated professions who provide substance use disorder services or consultation in the normal course of the practice of their profession. This Article does not apply to any person registered, certified, or licensed by the State or federal government to practice any other occupation or profession while rendering substance use disorder services or consultation in the performance of the occupation or profession for which the person is registered, certified, or licensed. (For effective until date - see note) Only individuals registered, certified, or licensed under this Article may use the title "Certified Alcohol and Drug Counselor", "Certified Prevention Specialist", "Certified Clinical Supervisor", "Licensed Clinical Addictions Specialist Associate", "Certified Substance Abuse Residential Facility Director", "Certified Criminal Justice Addictions Professional", "Alcohol and Drug Counselor Intern", "Provisional Licensed Clinical Addictions Specialist", "Clinical Supervisor Intern", or "Registrant". (For postponed effective date, see note) Only individuals registered, certified, or licensed under this Article may use the title "Certified Alcohol and Drug Counselor", "Certified Prevention Specialist", "Certified Clinical Supervisor", "Licensed Clinical Addictions Specialist Associate", "Certified Criminal Justice Addictions Professional", "Alcohol and Drug Counselor Intern", "Provisional Licensed Clinical Addictions Specialist", "Clinical Supervisor Intern", or "Registrant". History (1993 (Reg. Sess., 1994), c. 685, s. 1; 1997-492, s. 12; 2005-431, s. 1; 2008-130, s. 5; 2012-72, s. 6; 2019-240, ss. 8( l ), 9(f).) Subsection (d) Set Out Twice. - The first version of subsection (d) set out above is effective until the conditions described in Session Laws 2019-240, s. 9(h), have been met. The second version of subsection (d) 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. Editor's Note. - Session Laws 2019-240, s. 8(p), made the amendment to this section by Session Laws 2019-240, s. 8( l ), 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 2005-431, s. 1, effective September 22, 2005, rewrote the section, adding subsection (a). Session Laws 2008-130, s. 5, effective July 28, 2008, substituted "Provisional Licensed Clinical Addictions Specialist" for "Clinical Addictions Specialist Intern" in subsection (d). Session Laws 2012-72, s. 6, effective June 26, 2012, substituted "Licensed Clinical Addictions Specialist Associate" for "Licensed Clinical Addictions Specialist" in subsection (d). Session Laws 2019-240, s. 8( l ), substituted "substance use disorder" for "substance abuse" in subsections (a), (b) and (c); and in subsection (d), substituted "Alcohol and Drug Counselor" for "Substance Abuse Counselor" twice and substituted "Prevention Specialist" for "Substance Abuse Prevention Consultant." For effective date and applicability, see editor's note. Session Laws 2019-240, s. 9(f), deleted "'Certified Substance Abuse Residential Facility Director"' following "Specialist Associate" in subsection (d). For postponed effective date, see note.