§ 90-113.31A. Definitions.

§ 90‑113.31A. Definitions.

The following definitionsshall apply in this Article:

(1)        Applicant. – Aperson who has initiated a process to become a substance abuse professionalpursuant to this Article.

(2)        Applicantsupervisor. – A person who provides supervision as required by the Board topersons applying for registration, certification, or licensure as a substanceabuse professional pursuant to this Article.

(3)        Board. – The NorthCarolina Substance Abuse Professional Practice Board.

(4)        Certified clinicalsupervisor. – A person certified by the Board to practice as a clinicalsupervisor in accordance with the provisions of this Article.

(5)        Certified criminaljustice addictions professional. – A person certified by the Board to practiceas a criminal justice addictions professional who, under supervision, providesdirect services to clients or offenders exhibiting substance abuse disordersand works in a program determined by the Board to be involved in a criminaljustice setting.

(6)        Certified substanceabuse counselor. – A person certified by the Board to practice under thesupervision of a practice supervisor as a substance abuse counselor inaccordance with the provisions of this Article.

(7)        Certified substanceabuse prevention consultant. – A person certified by the Board to practicesubstance abuse prevention in accordance with the provisions of this Article.

(8)        Certified substanceabuse residential facility director. – A person certified by the Board topractice as a substance abuse residential facility director in accordance withthe provisions of this Article.

(9)        Repealed by SessionLaws 2008‑130, s. 1, effective July 28, 2008.

(10)      Clinical supervisorintern. – A person designated by the Board to practice as a clinical supervisorunder the supervision of a certified clinical supervisor for a period not toexceed three years without a showing of good cause in accordance with theprovisions of this Article.

(11)      Counseling. – Theutilization of special skills to assist individuals, families, or groups inachieving objectives, including the following:

a.         Exploring a problemand its ramifications.

b.         Examining attitudesand feelings.

c.         Consideringalternative solutions.

d.         Decision making.

(12)      Credential. – Anyregistration, certification, or license issued by the Board.

(13)      Credentialing body. –A board that licenses, certifies, registers, or otherwise regulates aprofession or practice.

(14)      Criminal history. – Ahistory of conviction of a State crime, whether a misdemeanor or felony, thatbears on an applicant's fitness for licensure to practice substance abuseprofessional services. The crimes include the criminal offenses set forth inany of the following Articles of Chapter 14 of the General Statutes: Article 5,Counterfeiting and Issuing Monetary Substitutes; Article 5A, EndangeringExecutive and Legislative Officers; Article 6, Homicide; Article 7A, Rape andOther Sex Offenses; Article 8, Assaults; Article 10, Kidnapping and Abduction;Article 13, Malicious Injury or Damage by Use of Explosive or Incendiary Deviceor Material; Article 14, Burglary and Other Housebreakings; Article 15, Arsonand Other Burnings; Article 16, Larceny; Article 17, Robbery; Article 18,Embezzlement; Article 19, False Pretenses and Cheats; Article 19A, Obtaining Propertyor Services by False or Fraudulent Use of Credit Device or Other Means; Article19B, 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; Article29, Bribery; Article 31, Misconduct in Public Office; Article 35, OffensesAgainst the Public Peace; Article 36A, Riots and Civil Disorders; Article 39,Protection of Minors; Article 40, Protection of the Family; Article 59, PublicIntoxication; and Article 60, Computer‑Related Crime. The crimes alsoinclude possession or sale of drugs in violation of the North CarolinaControlled Substances Act in Article 5 of Chapter 90 of the General Statutes andalcohol‑related offenses including sale to underage persons in violationof G.S. 18B‑302 or driving while impaired in violation of G.S. 20‑138.1through G.S. 20‑138.5.

(15)      Deemed status. – Recognitionby the Board of the credentials offered by a professional discipline wherebythe individuals certified, licensed, or otherwise recognized by the disciplineas having met the standards of a clinical addictions specialist may applyindividually for licensure as a licensed clinical addictions specialist.

(16)      Dual relationship. – Arelationship in addition to the professional relationship with a person to whomthe substance abuse professional delivers services in the Twelve Core Functionsor the performance domains, both as defined in rules adopted by the Board, oras provided in a supervisory capacity. These relationships may result ingrounds for disciplinary action.

(17)      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 designedto improve it.

(18)      Independent study. – Anycourse of study that is not traditional classroom‑based that must bepreapproved by the Board or any organization that has deemed status with theBoard.

(19)      Licensed clinicaladdictions specialist. – A person licensed by the Board to practice as aclinical addictions specialist in accordance with the provisions of thisArticle.

(20)      Practice supervisor.– A certified clinical supervisor, clinical supervisor intern, or licensedclinical addictions specialist who provides oversight and responsibility in aface‑to‑face capacity for each certified substance abuse counseloror criminal justice addictions professional.

(21)      Prevention. – Thereduction, delay, or avoidance of alcohol and of other drug use behavior."Prevention' includes the promotion of positive environments andindividual strengths that contribute to personal health and well‑beingover an entire life and the development of strategies that encourageindividuals, families, and communities to take part in assessing and changingtheir lifestyles and environments.

(22)      Professionaldiscipline. – A field of study characterized by the technical, educational, andethical standards of a profession.

(22a)    Provisional licensedclinical addictions specialist. – A registrant who successfully completes 300hours of Board‑approved supervised practical training in pursuit oflicensure as a clinical addictions specialist.

(23)      Registrant. – Aperson who completes all requirements to be registered with the Board and issupervised by a certified clinical supervisor or clinical supervisor intern.

(24)      Substance abusecounseling. – The assessment, evaluation, and provision of counseling andtherapeutic service to persons suffering from substance abuse or dependency.

(25)      Substance abusecounselor intern. – A registrant who successfully completes 300 hours of Board‑approvedsupervised practical training in pursuit of credentialing as a substance abusecounselor.

(26)      Substance abuse professional.– A registrant, certified substance abuse counselor, substance abuse counselorintern, certified substance abuse prevention consultant, certified clinicalsupervisor, provisional licensed clinical addictions specialist, licensedclinical addictions specialist, certified substance abuse residential facilitydirector, clinical supervisor intern, or certified criminal justice addictionsprofessional.  (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.)