OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 5 Final Analysis
134 General Assembly
th
Click here for H.B. 5’s Fiscal Note
Version: As Passed by the General Assembly
Primary Sponsor: Rep. Manning
Effective date: September 30, 2021; conforming amendments by Sections 3 and 4 effective
October 9, 2021
Ef f ect iveDate:
Erika Kramer, Attorney
SUMMARY
 Revises the requirements to qualify for a chemical dependency counselor II license
issued by the Ohio Chemical Dependency Professionals Board.
 Eliminates the authority of certain chemical dependency licensees to supervise
prevention specialist assistants and registered applicants.
DETAILED ANALYSIS
Chemical dependency counselor II licenses
The act authorizes alternative requirements to qualify for a chemical dependency
counselor II license issued by the Ohio Chemical Dependency Professionals Board.
Original counselor II license requirements
Under continuing law unchanged by the act, to qualify for a chemical dependency
counselor II license, an individual must either (1) hold, on December 23, 2002, a certificate or
credentials accepted by the former Department of Alcohol and Drug Addiction Services as
authority to practice as a certified chemical dependency counselor II 1 or (2) meet all of the
following criteria:
 Hold an associate’s degree in a behavioral science or nursing or a bachelor’s degree in
any field;
 Have 180 hours of approved chemical dependency specific education, of which 50%
must have been obtained in the last five years;
1 R.C. 4758.42(B).
July 2 0, 2021
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 Have completed 2,000 hours of compensated work or supervised internship experience
in chemical dependency or substance abuse services or the practice of psychology,
professional counseling, social work, or marriage and family therapy, not less than 400
of which are in chemical dependency counseling;
 Have a minimum of 220 hours of training in chemical dependency; and
 Have passed the International Certification and Reciprocity Consortium Alcohol and
Drug Counselor Examination.2
License requirements under the bill
The act establishes two additional sets of criteria by which an individual may qualify for
a chemical dependency counselor II license. The second set, however, is an option only until
three years after the act’s effective date; that is, until September 30, 2024.3
First criteria set
Under the first new set, an individual must satisfy all of the following to qualify for a
counselor II license:
 Hold an associate’s or bachelor’s degree in a behavioral science or nursing, each with a
specialization in chemical dependency counseling;
 Have a minimum of 180 hours of education in chemical dependency that meets
requirements specified in Board rules;
 While holding a valid chemical dependency counselor assistant certificate, have
successfully completed, over the course of no more than two semesters, at least 240
hours of practicum experience in chemical dependency that meets requirements
specified in Board rules, including at least two hours of supervised practicum experience
and providing intensive outpatient treatment or higher level of care, unless a different
level of care is specified in Board rules;
 Have at least 1,000 hours of compensated work experience as a chemical dependency
counselor assistant;
 Provide to the Board a written recommendation from an individual who supervised the
individual’s practice as a chemical dependency counselor assistant; and
 Have passed one or more examinations administered for the purpose of determining
competence to practice as a chemical dependency counselor II. 4
The act requires the Department of Mental Health and Addiction Services to consult
with the Board to (1) study levels of care that must be offered by a program providing
2 R.C. 4758.42(A) and Ohio Administrative Code (O.A.C.) 4758-5-03.
3 R.C. 4758.42.
4 R.C. 4758.42(C).
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As Passed by the General Assembly
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practicum experience that is required under the third bullet point above and (2) develop
recommendations regarding whether levels of care not specifically authorized should be
authorized through rule. The study and recommendations must be completed by March 30,
2022 (six months after the act’s effective date).5
Second criteria set – applies until September 30, 2024
Under the second new set, an individual must meet the following in order to qualify for
a chemical dependency counselor II license:
 Since at least December 31, 2008, have continuously held a valid chemical dependency
counselor assistant certificate and practiced chemical dependency counseling while
under supervision;
 Provide to the Board a written recommendation from an individual who supervised the
individual’s practice as a chemical dependency counselor assistant;
 Have earned the minimum number of hours in chemical dependency training specified
in Board rules; and
 Have passed one or more examinations administered for the purpose of determining
competence to practice as a chemical dependency counselor II. 6
Rulemaking
The act requires the Board to adopt rules specifying the education and practicum
experience requirements for the first new criteria set. 7 It also requires the Board to adopt rules
establishing chemical dependency training requirements for the second new criteria set. The
rules must be adopted in accordance with the Administrative Procedure Act. 8
Supervision of prevention specialist assistants and registered
applicants
The act eliminates the authority of the following chemical dependency professionals to
supervise the practice of prevention services by prevention specialist assistants and registered
applicants:
 Independent chemical dependency counselor-clinical supervisors;
 Independent chemical dependency counselors;
 Chemical dependency counselors III.9
5 Section 6.
6 R.C. 4758.42(D).
7 R.C. 4758.20(A)(16) and (17).
8 R.C. 4758.20(A)(12) and (B); R.C. Chapter 119, not in the act.
9 R.C. 4758.61 and 4758.20(A)(30)(c).
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This change conforms the Revised Code to Board rules. The rules in effect when this act
passed do not permit prevention specialist assistants or registered applicants to engage in
prevention activities unless under the supervision of a certified prevention consultant or
certified prevention specialist; a physician; a psychologist; a registered nurse, certified nurse
practitioner, or clinical nurse; an independent social worker or a social worker; a certified
health education specialist, or, in the case of a prevention specialist assistant, a licensed school
counselor.10
HISTORY
Action Date
Introduced 02-03-21
Reported, H. Health 02-23-21
Passed House (93-2) 02-25-21
Reported, S. Health 05-19-21
Passed Senate (32-0) 06-24-21
21-HB5-134/ar
10 O.A.C. 4758-6-07 and 4758-6-08.
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As Passed by the General Assembly


Statutes affected:
As Introduced: 4758.20, 4758.42, 4758.61, 4758.21, 4758.221, U.S, 4758.23, 4758.24, 4758.39, 4758.40, 4758.41, 4758.43, 4758.44, 4758.45, 4758.46, 4758.47, 4758.48, 4758.28, 4758.30
As Reported By House Committee: 4758.20, 4758.42, 4758.61, 4758.21, 4758.221, U.S, 4758.23, 4758.24, 4758.39, 4758.40, 4758.41, 4758.43, 4758.44, 4758.45, 4758.46, 4758.47, 4758.48, 4758.28, 4758.30
As Passed By House: 4758.20, 4758.42, 4758.61, 4758.21, 4758.221, U.S, 4758.23, 4758.24, 4758.39, 4758.40, 4758.41, 4758.43, 4758.44, 4758.45, 4758.46, 4758.47, 4758.48, 4758.28, 4758.30
As Reported By Senate Committee: 4758.20, 4758.42, 4758.61, 4758.21, 4758.221, U.S, 4758.23, 4758.24, 4758.39, 4758.40, 4758.41, 4758.43, 4758.44, 4758.45, 4758.46, 4758.47, 4758.48, 4758.28, 4758.30
As Passed By Senate: 4758.20, 4758.42, 4758.61, 4758.21, 4758.221, U.S, 4758.23, 4758.24, 4758.39, 4758.40, 4758.41, 4758.43, 4758.44, 4758.45, 4758.46, 4758.47, 4758.48, 4758.28, 4758.30
As Enrolled: 4758.20, 4758.42, 4758.61