Current with operative changes from the 2024 Third Special Legislative Session
Section 37:3386.1 - DefinitionsAs used in this Chapter, the following terms have the meaning ascribed to them in this Section:
(1) "Addiction counselor" means any person who is licensed, certified, or registered in accordance with the provisions of this Chapter and procedures established by the board and who, by means of his special knowledge acquired through formal education or practical experience, is qualified to provide addiction counseling services to those individuals afflicted with or suffering from an addictive disorder or certain co-occurring disorders. The counseling services provided shall be those which utilize KSA or core functions, as determined by the board to be appropriate for the addictive disorder or disorders presented.(2) "Addictive disorder" means the repeated pathological use of substances including but not limited to alcohol, drugs, or tobacco, or repeated pathological compulsive behaviors including but not limited to gambling, which cause physical, psychological, emotional, economic, legal, social, or other harms to the individual afflicted with the addiction or to others affected by the individual's affliction. As used in this Chapter, "addictive disorder" shall include not only those instances where withdrawal from or tolerance to the substance or behaviors are present but also those instances involving use and abuse of substances.(3) "Board" means the governing body of the Addictive Disorder Regulatory Authority.(4) "Certified clinical supervisor" means any person holding the necessary credential of licensed, certified, or registered addiction counselor or any person who holds a specialty substance abuse credential in another professional discipline in a human services field at the master's level or higher; and who has satisfied the requirements established by the board to provide clinical supervision.(5) "Client" means the individual, couple, family, group, organization, or community that seeks or receives addiction counseling services from the addiction professional or an addiction facility until discharged.(6) "Clinical supervision" means the interpersonal tutorial relationship between a certified clinical supervisor and other licensed, certified, or registered addiction counseling professionals centered on the goals of skill development and professional growth through learning and practicing. Through observation, evaluation, and feedback, clinical supervision enables the supervisee to acquire the competence needed to deliver effective patient care while fulfilling professional responsibility. Clinical supervision is understood to emphasize improvement of the counseling skills and effectiveness of the supervisee and is to be distinguished from administrative supervision.(7) "Compulsive gambling counselor" means any person holding a necessary credential as a licensed, certified, or registered addiction counselor, or a necessary credential as a qualified mental health professional, who is certified by the board, in accordance with the provisions of this Chapter, as possessing special knowledge acquired through formal education and clinical experience and thus is qualified to provide gambling addiction counseling to persons who have a gambling addiction disorder or who exhibit gambling addictive behaviors.(8) "Co-occurring disorder" means a disorder in which an individual has at least one psychiatric disorder as well as an addictive disorder. While these disorders may interact differently in any one person, at least one disorder of each type can be diagnosed independently of the other.(9) "Core functions" means the screening, intake, orientation, assessment, treatment planning, counseling, case management, crisis intervention, client education, referral, reports, and record-keeping activities associated with counseling and consultation with other credentialed professionals.(10) "Counselor-in-training" means any person who has not yet met the qualification to become a licensed, certified, or registered counselor, but who has made application to the board in accordance with the provisions of this Chapter and procedures established by the board.(11) "Custodial environment" means a setting created by a court system in which a person has been deprived of freedom of action in any significant way.(12) "KSA" means the knowledge, skills, and attitudes designated by the board as being necessary for effective addiction counseling and required by the board to be utilized by addictive disorders counselors in providing addiction counseling services.(13) "Prevention" means those activities and services that prevent, reduce, or stabilize the incidence of addictive disorders and thereby prevent, reduce, or stabilize the prevalence of addictive disorders. The activities contemplated by this definition include services to those at risk of developing an addictive disorder as well as those individuals who, though not necessarily at risk of developing an addictive disorder, are nonetheless appropriate for services. In addition, prevention shall be understood to include educational programs and activities that are designed to raise the awareness of and encourage healthy behaviors.(14) "Prevention specialist-in-training" means any person who has not yet met the qualifications to become a licensed, certified, or registered prevention professional, but who has made application to the board in accordance with the provisions of this Chapter and procedures established by the board.(15) "Qualified mental health professional" means: (a) A psychiatrist licensed pursuant to R.S. 37:1261 et seq.(b) A psychologist licensed pursuant to R.S. 37:2351 et seq., or a medical psychologist licensed pursuant to R.S. 37:1360.51 et seq.(c) A licensed clinical social worker licensed pursuant to R.S. 37:2701 et seq.(d) A mental health counselor licensed pursuant to R.S. 37:1101 et seq.(16) "Substance abuse disorder" means the repeated pathological use of drugs, including alcohol, which causes physical, psychological, economic, legal, or social harm to the individual user or to others affected by the user's behavior.Acts 2004, No. 803, §3, eff. July 8, 2004; Acts 2006, No. 427, §§2 and 3; Acts 2009, No. 251, §8, eff. Jan. 1, 2010; Acts 2018, No. 206, §3; Acts 2020, No. 328, §2; Acts 2021, No. 238, §2.Amended by Acts 2020, No. 328,s. 2, eff. 8/1/2020.Amended by Acts 2018, No. 206,s. 3, eff. 8/1/2018.Acts 2004, No. 803, §3, eff. 7/8/2004; Acts 2006, No. 427, §§2 and 3; Acts 2009, No. 251, §8, eff. 1/1/2010.