IMPAIRED PROFESSIONALS PROGRAM GUIDELINES

The ADRA after due notice and hearing as set forth herein and the Administrative Procedure Act, R.S. 49:950 et seq., may deny, revoke or suspend any credential or certification issued or applied for, or otherwise disciplines a certificate holder, counselor or prevention specialist in

training, or applicant on a finding that the person has violated the Addictive Disorders Practice Act, any of the rules and regulations promulgated by the ADRA, the Code of Ethics, any supervision guidelines, any policy published by the ADRA or prior final decisions and/or consent orders involving the certificate holder, counselor or prevention specialist in training, or applicant.

Should the Board have reason to believe that a licensee or certificate holder suffers from impairment as defined by number 5, 901 Code of Ethics of the Administrative Code. It may compel the individual to submit to a mental or physical examination, or both and treatment by an approved provider. Such examinations and treatment shall be provided by a treatment provider that has been approved by the Board. The notice issued to the licensee ordering him/her to submit to an examination and treatment shall specify conduct, acts or behavior committed or displayed by him/her to establish reason to believe that he/she is impaired. The licensee is required to stop providing services to clients when their judgment, competence or objectivity is suspected impaired. Failure to submit to examinations and treatment ordered by the Board constitutes an admission of impairment, unless the failure is due to circumstances beyond the individual’s control. In that case, the licensee should request an inactive status and report to the Board.

Definition: Impaired or Impairment: The presence of a disorder of substance abuse, alcohol abuse, mental illness or any other debilitating conditions

Investigation of Impairment Cases

The Board receives notification of potential impairment in one of two ways: a self-report by the licensee or a report/complaint of suspected impairment by another party. The reports may include use/abuse of drugs or alcohol, positive drug screens, DUI/DWI, or other drug related convictions, relapse, mental health or physical health impairment, etc. When a report is received an ethics investigation is conducted by Board Chairman or by appointed Board members.

The committee will conduct a thorough investigation, and will determine the appropriate discipline.

If the investigation finds that no impairment exists and no criminal conviction occurred, and there is no ethic violation, no action shall be initiated by the Board.

If the investigations outlined in the above paragraph of this rule finds that the individual is impaired, or if the Board has substantial evidence of impairment, such as a relapse etc., the Board shall initiate proceedings to determine the status of the license.

When impairment is suspected, the first course of action should proceed as follows:

  1. A)The licensee shall contact the Board for instructions regarding procedure of Impairment
  2. B)The licensee should seek treatment from a Board approved provider at the licensee’s expense;
  3. C)The licensee shall obtain mental and physical examinations from approved providers;
  4. D)The licensee shall provide the Board with Certification of successful completion from treatment provider;
  5. E)The licensee shall provide the Board an assessment stating that the licensee is capable to return to practice.

The Board may at its discretion reinstate the inactive status of the licensee after demonstration of compliance with the Impairment rules.

When the licensee resumes practice and the Impairment was due to Relapse, under this rule, the Board shall require continued monitoring of the licensee for (1) year and the;

A) Licensee shall provide evaluations from an approved provider

B) Licensee is required documented AA/NA attendance

C) Licensee is required random drug screens for the year

When the licensee resumes practice and the Impairment was due to Mental/Physical health, under this rule, the Board shall require continued monitoring of the licensee for (1) year and the;

A) Licensee shall provide evaluations from an approved provider regarding his/her condition

B) Licensee is required to give signed consents to the Board to evidence successful treatment

C) Licensee is required to document good health evaluations at 6 month and 12 month intervals.

 

All requirements outlined above shall be met at the expense of the licensee.

If the impairment still exists and the individual has not sought treatment, they are in violation of the impairment section code of ethics. The Board may discipline according to the Ethics rule by suspending, revoking, or placing the licensee license in inactive status until treatment has been completed. The Board reserves the right to not reinstate the license if the licensee is not in compliance with the rule.

A licensee may appeal rulings of the Board in regards to impairment.

   
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