Resolve, To Clarify the Scope of Practice of Licensed Alcohol and Drug Counselors Regarding Tobacco Use

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  tobacco use continues to take a significant and yet largely preventable toll on the health of Maine residents and drains the economic resources of the State; and

Whereas,  tobacco addiction affects a large proportion of Maine residents; and

Whereas,  licensed alcohol and drug counselors are available to provide assistance to Maine residents, and there is evidence to suggest that providing tobacco addiction counseling services concurrently with other addiction counseling services is effective; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it

Sec. 1. Rulemaking. Resolved: That the Department of Professional and Financial Regulation, State Board of Alcohol and Drug Counselors shall adopt rules for the licensure of alcohol and drug counselors by October 1, 2011 to define "drug," "drug addiction" and "drug abuse" to include tobacco as a drug, tobacco addiction as a drug addiction and tobacco abuse as drug abuse. The new definitions must clarify that for licensed alcohol and drug counselors tobacco addiction is included as a drug addiction and that treatment for tobacco addiction is within their scope of practice. Rules adopted pursuant to this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

summary

This resolve directs the Department of Professional and Financial Regulation, State Board of Alcohol and Drug Counselors to adopt rules for the licensure of alcohol and drug counselors by October 1, 2011 to include tobacco addiction as a drug addiction and clarify that treatment for tobacco addiction is within an alcohol and drug counselor's scope of practice.