North Dakota Administrative Code Title 4.5 - Addiction Counseling Examiners, Board of
North Dakota Administrative Code (NDAC)
Title 4.5 — Board of Addiction Counseling Examiners
📌 Overview
NDAC Title 4.5 regulates the Board of Addiction Counseling Examiners in North Dakota, the body responsible for licensing, regulating, and overseeing addiction counselors in the state. The Board’s mission is to ensure that addiction counselors meet professional standards to provide competent, ethical treatment for individuals with substance use disorders.
The Board operates under authority granted by North Dakota Century Code (NDCC) Chapter 43-40, which governs licensure, qualifications, and disciplinary authority.
🔍 Core Responsibilities of the Board
Licensing addiction counselors at various levels (e.g., Licensed Addiction Counselor, Licensed Clinical Addiction Counselor)
Setting education, experience, and examination requirements
Establishing professional and ethical standards
Investigating complaints and conducting disciplinary proceedings
Approving continuing education for license renewal
📘 Key Areas Covered by NDAC Title 4.5
1. Licensure Requirements
Educational prerequisites: Candidates must have a relevant degree or coursework related to addiction counseling or behavioral health.
Supervised experience: Completion of a specified number of hours in supervised clinical practice.
Examinations: Passing national or state exams to demonstrate competency.
Application and fees: Procedures for applying for licensure, submitting fees, and documentation.
2. Levels of Licensure
The Board issues different licenses depending on qualifications and scope of practice:
Licensed Addiction Counselor (LAC): Basic licensure for counselors meeting education and supervised practice requirements.
Licensed Clinical Addiction Counselor (LCAC): Advanced licensure requiring more clinical experience and often permitting independent practice or clinical supervision roles.
3. Standards of Professional Conduct
The rules specify ethical standards addiction counselors must uphold, including:
Maintaining client confidentiality
Avoiding dual relationships or conflicts of interest
Providing services competently and within scope
Reporting unethical or illegal behavior by others
Violations can trigger Board action.
4. Continuing Education and Renewal
Licensees must complete a specified number of continuing education hours during each renewal cycle.
The Board approves courses and providers to ensure educational quality.
Failure to comply may result in non-renewal or disciplinary measures.
5. Complaint and Disciplinary Procedures
The Board investigates complaints regarding unethical conduct, incompetence, or violations of law.
Licensees have the right to a hearing, representation, and appeal.
Sanctions can range from reprimands to license suspension or revocation.
The Board maintains confidentiality of investigations until formal action.
⚖️ Legal Principles and Case Law Context
1. Due Process in Licensing and Discipline
Legal Principle: Addiction counselors are entitled to due process protections before their license is denied, suspended, or revoked. This means:
Timely notice of allegations
Opportunity to respond and present evidence
An impartial hearing before the Board or an administrative law judge
Written findings and the right to appeal to district court
Case Illustration (General Administrative Law):
In disputes involving professional licensing boards, courts will overturn disciplinary actions if due process is violated, such as lack of notice or denial of opportunity to be heard.
2. Scope of Board Authority
The Board’s powers to license, discipline, and set rules must be grounded in the enabling statute (NDCC 43-40).
Courts will defer to the Board’s interpretation of its rules if reasonable and consistent with the statute.
3. Professional Negligence and Malpractice
While licensure boards handle regulatory compliance, issues of malpractice or negligence are generally civil matters.
However, complaints to the Board often arise from allegations of substandard care, triggering investigations separate from lawsuits.
4. Confidentiality and Client Rights
Addiction counselors are held to strict confidentiality standards, reinforced by Board rules.
Breach of confidentiality can lead to disciplinary action.
Balancing confidentiality with mandated reporting requirements (e.g., harm to self/others) is part of regulatory compliance.
Hypothetical Case Example
Suppose an addiction counselor is accused of failing to maintain client confidentiality. The Board investigates and suspends the license pending a hearing.
The counselor demands due process rights, including a hearing and review.
The Board conducts a hearing, finds a violation, and suspends the license for six months.
The counselor appeals to district court, alleging lack of fair process.
The court reviews whether the Board followed statutory and procedural rules before confirming or reversing the suspension.
📑 Summary Table
| Category | Details |
|---|---|
| Regulatory Body | Board of Addiction Counseling Examiners |
| NDAC Title | Title 4.5 |
| Primary Functions | Licensing, regulation, discipline of addiction counselors |
| Licensure Requirements | Education, supervised experience, exams, fees |
| Professional Conduct | Confidentiality, ethical practice, scope of work |
| Renewal Requirements | Continuing education |
| Disciplinary Process | Investigation, hearing, sanctions, appeals |
| Legal Protections | Due process, administrative review, confidentiality |
✅ Final Notes
NDAC Title 4.5 safeguards public welfare by ensuring addiction counselors are qualified and accountable.
The Board balances professional standards with licensee rights.
Understanding the administrative process is crucial for practitioners facing licensure or disciplinary issues.
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