SECTION 38:10-3-7. Counselor Assistance Program

(a)   Purpose. These rules have been adopted as pursuant to 59 O.S. Section 1875 for the purpose of establishing a Counselor Assistance Program. This program known as the Counselor Assistance Program, shall assist in the rehabilitation of counselors, whose competency may be compromised by the use of alcohol, drugs, chemicals or any other substances or any other mental or physical condition, including deteriorating through the aging process. This allows for the Board to retain control of counseling practice for the protection of the public and provides an alternative to the disciplinary process.

(b)   Definitions. The following words and terms used in this subchapter, shall have the following meaning unless the context clearly indicates otherwise;

(1)   "The Board" or "OBLADC" means the Oklahoma Board of Licensed Alcohol and Drug Counselors.

(2)   "LADC" means Licensed Alcohol and Drug Counselor

(3)   "CADC" means Certified Alcohol and Drug Counselor

(4)   "LADC OR CADC Candidate" means under supervision for LADC or CADC as defined in Oklahoma Statue 1871.

(5)   "Program Coordinator" means the person approved by the Oklahoma Board of Licensed Alcohol and Drug Counselors to administer the Counselor Assistance Program.

(c)   Administration.

(1)   Guidelines and policies for the program will be approved by the Board

(2)   The Board will have responsibility for approval and oversight of the budget.

(3)   The Program Coordinator will make an annual report to the Board on the activities of the committee.

(d)   Counselor Assistance Committee(s).

(1)   Members of the Counselor Assistance Committee(s) shall have expertise in treatment of chemical dependency and/or mental health.

(2)   Composition of the Committee shall be

(A)   at least three members

(B)   the majority to be currently LADC or CADC, and

(C)   at least one person recovering from chemical dependency and/or a mental health diagnosis.

(3)   The Committee shall have the following responsibilities:

(A)   determine counselor or counselor candidate acceptance into the program,

(B)   develop with counselor or counselor candidate a contract for program participation,

(C)   meet with counselor or counselor candidate on a specified basis to monitor and determine progress,

(D)   determine successful completion of program,

(E)   determine termination from program for failure to comply,

(F)   report all terminations to the Board.

(4)   The Counselor Assistance Committee(s) shall be appointed by the Board from applications for a term of three (3) years.

(e)   Qualifications of Applicant.

(1)   To be eligible for participation in the Counselor Assistance Program, each applicant must:

(A)   have a current unrestricted certification or license, or be under supervision, unless referred by the Board,

(B)   have no pending felony charge or conviction that would prevent the counselor, or counselor candidate from practicing,

(C)   voluntarily submit an application for participation, and

(D)   reside in this state.

(2)   Counselors or counselor candidates previously disciplined by the Board shall be ineligible, unless referred to the Counselor Assistance Program by the Board.

(f)   Participation in the Program. The counselor or counselor candidate shall:

(1)   agree in writing to cooperate with program and comply with provisions of the contract, and

(2)   assume the financial cost of participation.

(g)   Discharge from Program. A counselor or counselor candidate shall be considered discharged from the program when the following criteria are met:

(1)   The counselor or counselor candidate has been in compliance with all the terms of the contract with the Counselor Assistance Committee and had completed the required program,

(2)   Counselor Assistance Committee documents completion of program and eligibility for discharge with written notification to the licensee.

(3)   A counselor or counselor candidate may transfer to another state upon submission to the jurisdiction of that state's regulatory Board for Alcohol and Drug Counselors or its equivalent for a Counselor Assistance Program or for discipline. A counselor or counselor candidate shall be considered discharged upon submitting documentation verifying successful completion of that state's regulatory Board for Alcohol and Drug Counselors or its equivalent for a Counselor Assistance Program.

(h)   Termination from Program. The Counselor Assistance Committee shall make determination that a counselor or counselor candidate has failed to comply with the contract and treatment plan. A counselor or counselor candidate may be terminated for any of the following reasons, including but not limited to:

(1)   the counselor or counselor candidate fails to comply with the terms of the contract with the Counselor Assistance Committee,

(2)   the counselor or counselor candidate has become unsafe to practice with reasonable skill and safety to consumers under his/her care, or

(3)   the counselor or counselor candidate transfers to another state and fails to submit to that state's regulatory Board for Alcohol and Drug Counselors or its equivalent.

[Source: Added at 26 Ok Reg 2417, eff 7-11-09]