§16-68-1. Definitions.

For purposes of this article:

"Certified alcohol and drug counselor" means a person certified under the provisions of this article;

"Commissioner" means the Commissioner of the Bureau for Behavioral Health;

"Co-occurring disorder" means the presence of a concurrent psychiatric or medical disorder in combination with a substance use disorder;

"Department" means the West Virginia Department of Human Services;

"Licensed alcohol and drug counselor" means a person licensed under the provisions of this article;

"Practice of alcohol and drug counseling" means:

(1) The clinical evaluation by a licensed alcohol and drug counselor of substance use disorders and co-occurring disorders, including screening, assessment and diagnosis, treatment planning, counseling, therapy, trauma-informed care and psychoeducation with individuals, families, and groups in the areas of substance use disorders and co-occurring disorders, and may include, as appropriate:

(A) Conducting a substance use disorder screening or psychosocial history evaluation of an individual to document the individual's use of drugs prescribed for pain, other prescribed drugs, illegal drugs, and alcohol to determine the individual's risk for substance abuse;

(B) Developing a preliminary diagnosis for the individual based on such screening or evaluation;

(C) Determining the individual's risk for abuse of drugs prescribed for pain, other prescribed drugs, illegal drugs and alcohol;

(D) Developing a treatment plan and referral options for the individual to ensure the individual's recovery support needs are met; and

(E) Developing and submitting an opioid use consultation report to an individual's primary care provider to be reviewed by the primary care provider and included in the individual's medical record; or

(F) The professional application by a certified alcohol and drug counselor of methods that assist an individual, family, or group to develop an understanding of alcohol and drug dependency problems, define goals and plan action reflecting the individual's or group's interest, abilities and needs as affected by alcohol and drug dependency problems;

"Private practice of alcohol and drug counseling" means the independent practice of alcohol and drug counseling by a licensed or certified alcohol and drug counselor who is self-employed on a full-time or part-time basis and who is responsible for that independent practice;

"Self-help group" means a voluntary group of persons who offer peer support to each other in recovering from an addiction;

"Substance use disorder" means the recurrent use of alcohol or drugs that leads to clinically and functionally significant impairment, including, but not limited to, health problems, disability and failure to meet major responsibilities at work, school or home; and

"Supervision" means the regular on-site observation, by a licensed alcohol and drug counselor or other licensed behavioral health professional whose scope of practice includes the screening, assessment, diagnosis and treatment of substance use disorders and co-occurring disorders, of the functions and activities of an alcohol and drug counselor in the performance of his or her duties and responsibilities to include a review of the records, reports, treatment plans or recommendations with respect to an individual or group.