49 Pa. Code § 49.17 - Department of Health licensing of substance abuse services provided by professional counseling practices-statement of policy
(a)
Background and purpose.
The Board licenses professional counselors in this Commonwealth. The Department
of Health licenses providers who operate facilities in this Commonwealth.
Licensed professional counselors may, within the scope of their practice,
encounter clients who are seeking help with drug or alcohol addiction, who may
need drug or alcohol addiction treatment, or who may have drug or alcohol
addiction issues as part of the broader range of issues for which they seek
counseling from licensed professional counselors. This section clarifies when
licensed professional counselors who provide the services will be considered to
be operating a drug and alcohol treatment facility requiring licensure from the
Department of Health. This section expresses the joint position of the Board
and the Department of Health on this matter.
(b)
Statutory authority. The
act authorizes the Board to license professional counselors and to regulate the
practice of professional counseling in this Commonwealth. Articles IX and X of
the Public Welfare Code (62 P. S. §§
901-922 and
1001-1059), and regulations
promulgated thereunder in 28 Pa. Code Chapter 709 (relating to standards for
licensure of free-standing treatment facilities), vest the Department of Health
with all functions, powers and duties with regard to the regulation,
supervision and licensing of drug and alcohol facilities and
services.
(c)
Guidelines.
(1) This joint
statement of policy clarifies when practitioners providing drug and alcohol
treatment services will be considered to be operating a drug and alcohol
treatment facility requiring licensure from the Department of Health. The term
"facility" is defined by the Department of Health in 28 Pa. Code §701.1
(relating to definitions) as "the physical location in which ongoing,
structured, and systematic drug and alcohol services are delivered."
Accordingly, the Department of Health and the Board have agreed upon the
following. In determining whether any person, partnership, corporation, or
other legal entity intending to provide services is a facility as defined in 28
Pa. Code § 701.1, and thus subject to licensure, the Board will consider
the following criteria:
(i) Whether a primary
purpose of an individual or entity is to render a program of psychological,
social or other therapies on a planned and regularly scheduled basis to assist
individuals to deal with patterns of drug and alcohol use, abuse or
dependency.
(ii) Whether an
individual or entity publicly advertises or promotes itself as providing a
program of distinct drug and alcohol services.
(iii) Whether an individual or entity employs
staff who specialize in the provision of drug and alcohol services.
(2) If a facility meets one or
more of the criteria in paragraph (1), a license may be required. The
Department of Health will assess the circumstances and make a fact specific,
case-by-case determination whether a license is necessary. This policy does not
apply to substance abuse services that are being provided by an individual
licensed professional counselor that are compatible with the practitioner's
education and professional competence.
Notes
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No prior version found.