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Latest Batch of Ohio Chemical Dependency Professionals Board Rules: What Providers Should Know

Client Alert
March 25, 2024

The Ohio Chemical Dependency Professionals Board recently released several new rules and proposed amendments to existing rules. A hearing for the new rules was held on February 16, 2024, but the Board has not yet finalized them.

A summary of the proposed rule changes is below. The biggest takeaway from this batch of new rules is that LCDC IIIs and LICDCs can now provide clinical supervision while they are unsupervised.

Scope of practice for licensed chemical dependency counselors III (LCDC III - OAC Rule 4758-6-04)

Under the new version of the rule, a chemical dependency counselor III (LCDC III) may provide substance use disorder counseling and diagnose substance use disorder conditions without supervision. Additionally, the amended rule removes the requirement that a LCDC III be under supervision when providing clinical supervision. Lastly, LCDC IIIs may perform family counseling in additional to individual and group counseling.

Scope of practice for licensed independent chemical dependency counselors (LICDC - OAC Rule 4758-6-05)

The new version of the rule removes the requirement that a LICDC be under supervision when providing clinical supervision. Additionally, an LICDC may perform family counseling in additional to individual and group counseling.

Scope of practice for chemical dependency counselors III (LCDC III) with gambling disorder endorsement (OAC Rule 4758-6-12)

Under the new version of the rule, an LCDC III with gambling disorder endorsement may perform family counseling in additional to individual and group counseling. Additionally, an LCDC III may supervise gambling disorder counseling without being supervised themselves.

Reciprocity with IC&RC jurisdictions (OAC Rule 4758-15-01)

The amended rule removes the language that (1) individuals holding a LCDC II, LCDC III or LICDC are reciprocal with the IC&RC alcohol drug counselor (ADC) certification; (2) individuals holding a LICDC are reciprocal with the IC&RC clinical supervisor (CS) certification; and (3) individuals holding an OCPS or OCPC are reciprocal with the IC&RC prevention specialist (PS) certification.

Under the new version of the rule, to be certified as an IC&RC alcohol drug counselor (ADC), an individual must:

  1. Submit an application and required non-refundable fee.
  2. Complete one hundred and twenty (120) hours of education specific to the ADC domains not used to obtain their original license. Previously, they had to complete 300 hours.
  3. Hold an active LCDC II, LCDC III, or LICDC. This is a new requirement under this rule.
  4. Complete four thousand hours of supervised work experience specific to the ADC domains not used to obtain their original license. Previously, they had to complete six thousand hours.

Further, to be certified as an IC&RC clinical supervisor (CS), an individual must:

  1. Submit an application and the required non-refundable fee.
  2. Hold an active LICDC-CS. This is a new requirement under this rule.
  3. Hold and maintain an IC&RC ADC certification at the IC&RC reciprocal level.
  4. Complete eight thousand hours of ADC counseling specific work experience not used to obtain original license. Previously, they had to complete ten thousand hours.

The new version of the rule further removes the requirements that (1) individuals must obtain thirty hours of education specific to the first five IC&RC clinical supervisor domains with a minimum of four hours in each and (2) individuals transferring to the state from a non-IC&RC jurisdiction may apply for and be issued a non-IC&RC reciprocal credential.

If you have questions about these proposed rules, please contact your local BMD Healthcare Member Daphne Kackloudis at dlkackloudis@bmdllc.com.

Daphne Kackloudisjordan burdickHealth LawOhio Chemical Dependency Professionals Board
Client Alert

HHS Revokes Public Comment Requirement on Certain Policy Changes

March 5, 2025The U.S. Department of Health and Human Services (HHS) has revoked the Richardson Waiver, eliminating the requirement for public notice and comment on certain policy changes. This decision allows HHS to implement new policies more quickly, potentially affecting healthcare funding rules like Medicaid work requirements. While it speeds up policymaking, it also reduces opportunities for stakeholder input, raising concerns over transparency and unintended consequences for healthcare providers, states, and patients.Client Alert

Don't Get Caught Dazed and Confused: Another Florida Court Weighs in on Employer Obligations to Accommodate Medical Marijuana Use

March 3, 2025A Florida trial court ruled in Giambrone v. Hillsborough County that employers may need to accommodate off-duty medical marijuana use under the Florida Civil Rights Act (FCRA). This contrasts with prior rulings and raises new compliance challenges for employers. With the case on appeal, now is the time to review workplace drug policies.Client Alert

Corporate Transparency Act to be Re-evaluated

February 28, 2025Recent federal rulings have impacted the enforceability of the Corporate Transparency Act (CTA), which took effect on January 1, 2024. While reporting requirements were briefly reinstated, FinCEN has now paused enforcement and is reevaluating the CTA. Businesses are no longer required to submit reports until further guidance is issued. For updates and legal counsel, contact BMD Member Blake Gerney.Client Alert

Ohio Recovery Housing Operators Beware: House Bill 58 Seeks to Make Major Changes

February 26, 2025Ohio House Bill 58 proposes significant changes to recovery housing oversight, granting ADAMH Boards authority to inspect and investigate recovery residences. The bill also introduces a Certificate of Need (CON) program, requiring state approval for major facility changes. OMHAS will assess applications based on cost, quality, accessibility, and financial feasibility. The bill also establishes a recovery housing residence fund to support inspections. For more information, contact BMD attorneys Daphne Kackloudis or Jordan Burdick.Client Alert

January 2025 Notice of Proposed Rulemaking Brings Notable Changes to HIPAA Security Rule

February 25, 2025In January 2025, the U.S. Department of Health and Human Services proposed amendments to the HIPAA Security Rule, aiming to enhance cybersecurity for covered entities (CEs) and business associates (BAs). Key changes include mandatory compliance audits, workforce training, vulnerability scans, and risk assessments. Comments on the proposed rule are due by March 7, 2025.
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