D.C. Mun. Regs. tit. 17, r. 17-8799

Current through Register Vol. 71, No. 43, October 25, 2024
Rule 17-8799 - DEFINITIONS
8799.1

The definitions in § 4099 of chapter 40 of this title are incorporated by reference into and are applicable to this chapter.

8799.2

As used in this chapter, the following terms shall have the meanings ascribed:

Alcohol abuse - the use of an alcoholic beverage which impairs the physical, mental, emotional, or social well-being of the user.

Act - the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99, D.C. Official Code § 3-1201et seq.).

Board - the Board of Professional Counseling, established by § 213 of the Act (D.C. Official Code § 3-1202.13).

Client - an individual who has applied for or been given a diagnosis or treatment for alcohol or drug abuse at a federally assisted program and includes any individual who, after arrest on a criminal charge, is identified as an alcohol or drug abuser in order to determine that individual's eligibility to participate in a program.

Co-occurring disorder - the presence of concurrent psychiatric or medical disorders in combination with a substance abuse disorder.

Diagnosis - a reference to an individual's alcohol or drug abuse or to a condition which is identified as having been caused by that abuse that is made for the purpose of treatment or referral for treatment.

Disclose (disclosure) - a communication of a client's identifying information, the affirmative verification of another person's communications of a client's identifying information, or the communication of any information from the record of a client who has been identified.

Direct supervision - supervision in which a supervisor is physically present, or within an immediate distance, such as on the same floor, and available to respond to the needs of the addiction counselor or the client.

Drug abuse - the use of a psychoactive substance for other than medicinal purposes which impairs the physical, mental, emotional, or social well-being of the user.

Director - the Director of the Department of Health or the Director's designee.

Dual relationships -a situation where multiple roles exist between an addiction counselor and a client. Examples are when the client is also a student, friend, family member, employee, or business associate of the addiction counselor.

Emancipated - a minor who is living separate and apart from his or her parent(s) or legal guardian, with or without the consent of the parent(s) or legal guardian and regardless of the duration of such separate residence, and who is managing his or her own personal and financial affairs, regardless of the source or extent of the minor's income.

Federal assistance (assisted) - an alcohol abuse or drug abuse program that is being carried out under a license, certification, registration, or other authorization granted by a department or agency of the United States, including but not limited to:

(a) Certification of provider status under the Medicare program;
(b) Authorization to conduct methadone maintenance treatment pursuant to 21 CFR § 291.505;
(c) Registration to dispense a substance under the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official Code § 48-901.01et seq.), to the extent the controlled substance is used in the treatment of alcohol or drug abuse; or
(d) Is supported by funds provided by a department or agency of the United States by being:
(1) A recipient of federal financial assistance in any form, including financial assistance which does not directly pay for the alcohol or drug abuse diagnosis, treatment, or referral activities; or
(2) Conducted by a District of Columbia department or agency which, through general or special revenue sharing or other forms of assistance, receives federal funds which could be, but are not necessarily, spent for the alcohol of drug abuse program.

General supervision - supervision in which the supervisor is available to the supervisee either:

(a) In person; or
(b) By a communications device, if the supervisor is located on the same premises as the supervisee.

Minor - a person under eighteen (18) years of age, but not including a person who is emancipated or who is married.

LGBTQ cultural competency or specialized clinical training - continuing education with instructions on cultural competency or specialized clinical training focusing on patients or clients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression ("LGBTQ") meeting the requirements of § 510(b)(5) of the Act (D.C. Official Code § 31205.10(b)(5)).

Psychotherapy - the treatment of mental and emotional disorders through the use of psychological techniques designed to encourage communication of conflicts and insight into problems, with the goal of attaining personality growth and behavior modification.

Practice of addiction counseling - providing services, with or without compensation, based on theory and methods of counseling, psychotherapy, or addictionology to a person who is experiencing cognitive, affective, or behavioral psychosocial dysfunction as a direct or indirect result of addiction, chemical dependency, abuse of chemical substances, or a related disorder. The practice of addiction counseling includes: addiction prevention; crisis intervention; diagnosis; referral; direct treatment; follow-up that is rendered to an individual, family, group, organization, school, or community that is adversely affected by an addiction or related disorder; and the education or training of a person in the field of addiction counseling.

Record - information, whether recorded or not, relating to a client received or acquired by an alcohol or drug program.

Treatment - the management and care of a client suffering from alcohol or drug abuse, a condition which is identified as having been caused by that abuse, or both, in order to reduce or eliminate the adverse effects upon the client.

D.C. Mun. Regs. tit. 17, r. 17-8799

Notice of Final Rulemaking published at 57 DCR 11937, 11957 (December 17, 2010); amended by Final Rulemaking published at 69 DCR 14824 (12/2/2022)
Authority: The Director of the Department of Health, pursuant to the authority set forth under section 302(14) of the District of Columbia Health Occupations Revision Act of 1985, effective March 15, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1203.02(14) ), and in accordance with Mayor's Order 98-140, dated August 20, 1998.