Section 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.

 

8799.2As 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.

 

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.

 

  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 § 48-901.01 et 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. 

 

 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.

 

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.

source

Notice of Final Rulemaking published at Notice of Final Rulemaking published at 57 DCR 11937, 11957 (December 17, 2010).