Amendment to credentialing of alcoholism and substance abuse counselors and alcohol and substance abuse prevention professionals.
Purpose:
To amend the process to eliminate the oral examination and change the renewal cycle from two years to three years.
Text of proposed rule:
Section 853.6 Qualifications.
Section 853.6 (a) is amended to read as follows:
(a) Knowledge and skills required. The Office shall issue an alcoholism and substance abuse counselor credential to any person who has demonstrated an acceptable level of safe practice by successfully completing education and training, supervised practical training, work experience [and written and oral examinations] and a written examination, all of which address a body of knowledge, work behavior and skills related to chemical dependence counseling.
In order to sit for the [oral and written examination] examination required pursuant to section 853.10 of this Part, an applicant for an alcoholism and substance abuse counselor credential shall satisfy the following requirements:
Section 853.8 Application to sit for the [oral and] written examination.
Section 853.8 (a) is amended to read as follows:
Forms. Application to sit for the [oral and] written examination shall be made on forms provided by the Office.
Section 853.10 Examinations
Section 853.10 (a) is amended to read as follows:
(a) Successful completion required. Each applicant who has submitted a complete application in accordance with Sections 853.7 and 853.8 of this Part and is deemed eligible, shall be required to successfully complete and pass [both written and oral examinations] a written examination administered under the direction of the Office. [Only applicants who successfully complete the written examination will be admitted to the oral examination.]
Subdivision (b) (3) of Section 853.10 is repealed.
Subdivision (b)(4) of Section 853.10 is repealed and a new Section 853.10 (3) is adopted to read as follows:
The schedule of dates for the written examination will be established at least 120 days prior to the examination.
Section 853.10 (c) (2) is repealed.
Section 853.10 (c) (3) is repealed and a new Section 853.10 (c) (2) is adopted to read as follows:
This examination shall meet all generally accepted psychometric and testing standards applicable to professional certification.
Section 853.10 (d) is amended to read as follows:
Each applicant shall be required to demonstrate, through his or her performance on the written [and oral] examination[s] the knowledge, skills and professional expertise as specified in Section 853.6 of this Part.
Section 853.11 Examination review, notification and administrative review.
Section 853.11 (b)(1) is amended to read as follows:
An applicant shall be notified in writing of the results of the written examination [and the oral examination eligibility determination].
Section 853.11 (b)(2) is repealed and Section 853.11 (b)(3) is renumbered (2).
Section 853.12 Notice of credential and expiration of credential.
Section 853.12 (b) is amended to read as follows:
Expiration of credential. Each credential shall be valid for a period of [two] three years and shall expire on the counselor's birth date following the [second] third year from the issue date, unless revoked by the office prior to the expiration date.
Section 853.14 Credential Renewal.
Section 853.14 (b)(5)(i) is amended to read as follows:
(5) Except as provided in Paragraph (1) of this Subdivision, a Credentialed Alcoholism and Substance Abuse Counselor shall submit to the Office satisfactory evidence of continued competence and skill maintenance, which are subject to verification and approval by the Office and which shall include the following:
(i) documentation of attendance at a minimum of [40] 60 clock hours of continuing professional education related to alcoholism and substance abuse counseling and completed within the previous [two] three years, or other relevant education as may be approved at the discretion of the Office; and
Section 853.16 Credentialing based upon reciprocity.
Section 853.16 (a) is amended to read as follows: (a) The Credentials Board will recommend issuance by the Office, without requiring written [or oral] examination, of a credential to any applicant who is determined to be eligible for reciprocity based on the following:
Section 855.13 is amended to read as follows:
855.13 Credential renewal requirements
(a) All persons issued a credential under this Part shall provide satisfactory and appropriate documentation within [two] three years of receipt of such credential in accordance with the provisions of this Section.
(b) Satisfactory evidence of continued competence and skill maintenance shall be provided, subject to verification and approval by the Office, which shall include the following:
(1) documentation of attendance at a minimum of [40] 60 clock hours of continuing professional education related to alcohol and substance abuse prevention and/or other relevant education as may be approved at the discretion of the Office, completed within the [2] 3 year effective period of the credential; and
Text of proposed rule and any required statements and analyses may be obtained from:
Patricia Flaherty, Office of Alcoholism and Substance Abuse Services, 1450 Western Ave., Albany, NY 12203-3526, (518) 485-2317, e-mail: patriciaflaherty@oasas.state.ny.us
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. Statutory Authority: Section 19.07(e) of the Mental Hygiene Law authorizes the Commissioner of the Office of Alcoholism and Substance Abuse Services (“the Commissioner”) to adopt standards including necessary rules and regulations pertaining to chemical dependence services.
Section 19.09(b) of the Mental Hygiene Law authorizes the Commissioner to adopt regulations necessary and proper to implement any matter under his or her jurisdiction.
Section 19.09(d) of the Mental Hygiene Law directs the Commissioner to establish minimum qualifications for credentialed alcoholism and substance abuse counselors; to issue credentials to persons who meet those qualifications; and to suspend or revoke such credentials for good cause.
Section 19.21 (b) of the Mental Hygiene Law requires the Commissioner to establish and enforce certification, inspection, licensing and treatment standards for alcoholism, substance abuse, and chemical dependence facilities.
Section 19.21(d) of the Mental Hygiene Law requires the Commissioner to promulgate regulations which establish criteria to assess alcoholism, substance abuse, and chemical dependence treatment effectiveness and to establish a procedure for reviewing and evaluating the performance of providers of services in a consistent and objective manner.
Section 32.01 of the Mental Hygiene Law authorizes the Commissioner to adopt any regulation reasonably necessary to implement and effectively exercise the powers and perform the duties conferred by Article 32.
Section 32.07(a) of the Mental Hygiene Law gives the Commissioner the power to adopt regulations to effectuate the provisions and purposes of Article 32.
The relevant sections of the Mental Hygiene Law cited above, allow the Commissioner to regulate how chemical dependency services are delivered, establish minimum qualifications for credentialed alcoholism and substance abuse counselors and to issue credentials to persons who meet those qualifications. Therefore the repeal of a requirement originally imposed by the Office is within the discretion of the Commissioner. Good cause being shown that the testing requirements of the Office will be administered through a written examination only, is evident by the fact that recent studies have shown that the subjectivity of the examiners administering the oral examination effect the outcome in a manner that cannot be accurately measured.
2. Legislative Objectives: Chapter 558 of the Laws of 1999 requires the promulgation of rules and regulations to regulate and assure the consistent high quality of services provided within the state to persons suffering from chemical abuse or dependence, their families and significant others, as well as those who are at risk of becoming chemical abusers. The proposed amendment to Part 853 and 855, Credentialing requirements, will assure that patients receive the best care and treatment. Part 853 and 855 establish the requirements for credentialing alcoholism and substance abuse counselors, prevention professionals and prevention specialists. These requirements ensure that patients are receiving care from qualified counselors. Eliminating the requirement of the oral examination does not undermine the testing process, it merely transfers the burden of that examination into the written examination in that the written examination will have to test for the knowledge and abilities that were once tested through the oral examination. The educational, training and work experience requirements will remain the same. The renewal cycle will be changed from two years to three years, and therefore the educational requirements will also increase from 40 to 60 hours to reflect the new renewal cycle. The legislature enacted section 19 enabling the Commissioner to establish best practices for treating chemical dependency.
3. Needs and Benefits: The need for the elimination of the oral examination is so that potential candidates who are seeking a credential in order to perform as a credentialed alcoholism and substance abuse counselor will be tested on their knowledge of relevant chemical dependency treatment practices through one integrated examination that will test all core principles of chemical dependency counseling. The benefit of integrating the examination into one written exam and eliminating the need for an oral examination is that all candidates will be tested on an objective written examination that can be relied upon as an accurate reflection of their knowledge and competence.
As a member of the International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse, Inc. (IC&RC), the Office uses the national counselor examination (both written and oral) developed by the IC&RC as a basis for credentialing counselors in New York State. In response to a variety of concerns expressed by the membership of the IC&RC (i.e., state certification boards), the organization has been examining the appropriateness of continuing to use the oral examination as part of the national counselor certification process. The IC&RC designated a committee to examine the feasibility of the Case Presentation Method (CPM) oral examination. As a result of this examination, a number of significant weaknesses were revealed. Most notably was a lack of demonstrable psychometric parameters. For example, the absence of a consistent policy on how to address scoring when the reliability of the three evaluators who conduct the oral exam is less than 80 percent, as well as the fact that inter-rater reliability data is not typically gathered by IC&RC member boards and therefore cannot be used to defend the objectivity of the exam. In addition, a general lack of standardization in the administration of the oral examination (e.g., inconsistencies in requiring the advance submission of a case presentation, as well as “live” case presentations and scoring vs. video/audio taped-case presentations for subsequent scoring) was also found to be problematic.
Based on the above, at the IC&RC's Spring 2007 Board of Directors meeting, a motion was approved to transition away from the CPM oral examination, with the goal of incorporating the oral examination competencies into the written examination. A CPM Task Force was charged with developing a timeline for elimination of the oral examination.
The need for changing the renewal cycle of Part 853 and 855 is that the professionals seeking re-credentialing will have more time to gain their continuing education credits.
4. Costs: There are no increases to costs anticipated from this proposed amendment.
a. Costs to regulated parties: There will be no additional costs to applicants.
b. Costs to the agency, state and local governments: There will be no additional costs to counties, cities, towns or local districts. The Office should realize savings from implementation of the proposed rule as the cost of administering the oral examination will be eliminated.
5. Local Government Mandates: There are no new mandates or administrative requirements placed on local governments.
6. Paperwork: Part 853 and 855 will not require any additional paperwork. Part 853 and 855 will result in a reduction in paperwork for both the Office agency and test applicants.
7. Duplications: There is no duplication of other state or federal requirements.
8. Alternatives: The administration of the exam was looked at as a factor in the unreliability of the outcome in the examination process, however no reasonable alternative to the “human factor” in administering the examination could be devised, therefore the current changes are being proposed.
9. Federal Standards: There are no specific federal standards or regulations that apply to this amendment.
10. Compliance Schedule: It is expected that full implementation of Part 853 and 855 will be completed by January 1, 2008.
Regulatory Flexibility Analysis
Effect of Rule: The proposed amendments to Part 853 and 855 will impact applicants who wish to take the credentialed alcoholism and substance abuse counselor (CASAC) examination. It is expected that the amendments will result in a more efficient testing of the core principles tested in order to best assess who is qualified to hold the CASAC credential. Small businesses may be positively affected by an increase in qualified professionals credentialed to practice within their organization. Local governments and districts will be affected because the pool of applicants taking the examination may increase since the test will be streamlined and more reliable. Many localities currently have a workforce problem in that there are too few CASACS available and employers cannot fill these positions. Increasing the pool of applicants will allow providers to hire CASACS thereby enabling them to provide increased services (ie: additional groups, and individual counseling sessions to more people).
Compliance Requirements: It is not expected that there will be significant changes in compliance requirements.
Professional Services: It is not expected that programs will need to utilize additional professional services.
Compliance Costs: It is not expected that providers will have any significant change in compliance costs.
Economic and Technological Feasibility: Compliance with the recordkeeping and reporting requirements of the Part 853 and 855 is not expected to have an economic impact or require any changes to technology for small businesses and government.
Minimizing Adverse Impact: Part 853 and 855 have been carefully reviewed to ensure minimum adverse impact to providers, patients or candidates.
Any impact this rule may have on small businesses and the administration of State or local governments and agencies, will either be a positive impact or the minimal costs for materials and compliance are so small that they will be absorbed into the already existing economic structure.
Small Business and Local Government Participation: These amendments were shared with New York's treatment provider community through their professional organization ASAP, the Greater New York Hospital Association, the Legal Action Center, COMPA, and the Council of Local Mental Hygiene Directors. The existing members of the Advisory Council on Alcoholism and Substance Abuse Services were given a copy of the proposal and an opportunity to comment.
Rural Area Flexibility Analysis
A rural flexibility analysis is not provided since these proposed regulations would have no adverse impact on public or private entities in rural areas. The increased renewal cycle and the discontinuation of the oral examination may have a positive impact on all providers but specifically in rural areas where there may be a workforce shortage. These amendments place less of a burden on applicants and grant another year in which to complete the renewal requirements.
Job Impact Statement
The implementation of the Amendment to Part 853 and Part 855 will have an impact on jobs in that it will increase the renewal cycle allowing more time for completing re-credentialing requirements thereby increasing the retention of workforce. Additionally it will allow a larger pool of candidates to pass the examination by eliminating a portion of the exam that is no longer validated. This regulation will not adversely impact jobs outside of the provider community. This amendment to Part 853 and Part 855 will not result in the loss of any jobs within New York State.
