Current through all regulations passed and filed through September 16, 2024
(A)
Certified peer recovery supporter.
(1)
A "certified peer
recovery supporter" (CPRS) is an individual, with a direct lived experience,
who has self-identified as being in recovery from a mental health or substance
use disorder and has been certified pursuant to this rule.
(2)
For CPRS
certification the individual will be at least eighteen years of age at the time
of certification.
(B)
Certified youth
peer supporter.
(1)
A certified youth peer supporter (CYPS) is an
individual who self-identifies as having lived experience with the behavioral
health care system and other child or youth serving systems and has been
certified by the state pursuant to this rule.
(2)
For CYPS the
individual will be at least eighteen years of age but no older than thirty
years of age at the time of certification.
(C)
Certified family
peer supporter.
(1)
A certified family peer supporter (CFPS) is an
individual who has self-identified as the caregiver of a person with behavioral
health challenges who has successfully navigated service systems for at least
one year on behalf of the person and has been certified pursuant to this
rule.
(2)
For CFPS certification the individual will be at least
twenty-one years of age at the time of certification.
(D)
"Certified peer supporter" as used in this rule means an
individual certified as a CPRS, CYPS, or CFPS.
(E)
Supervision
Certified peer supporters will be
supervised by an individual who either:
(1)
) Has experience
delivering peer services in behavioral health over a cumulative period of two
years, has completed the sixteen hours of online learning administered or
designated by the department, and has completed the four-hour supervising peers
training administered or designated by the department; or,
(2)
Is a clinician
with one of the following licenses, and has completed the sixteen hours of
online learning administered or designated by the department and has completed
the four-hour supervising peers training administered or designated by the
department:
(a)
Licensed social worker;
(b)
Licensed independent social worker;
(c)
Licensed
professional counselor;
(d)
Licensed chemical dependency counselor
II;
(e)
Licensed chemical dependency counselor
III;
(f)
Licensed professional clinical
counselor;
(g)
Licensed independent chemical dependency
counselor;
(h)
Licensed marriage and family therapist;
(i)
Licensed
independent marriage and family therapist;
(j)
Psychologist;
or,
(k)
Psychiatrist.
(F)
Certification
(1)
To obtain peer supporter certification individuals will
submit a complete and compliant application including the following
documentation:
(a)
Proof of a minimum of forty hours of department
approved competencybased peer services training or three equivalent years
formal, verifiable experience providing behavioral health peers services
pursuant to rule
5122-29-15
of the Administrative Code.
(b)
Hold a high
school diploma, a general educational development certification, or similar
secondary education from outside of the United States;
(c)
Documentation of
passing the department peer supporter exam, or an exam administered or
designated by the department;
(d)
Certified peer
supporters will attest to having read and understood the code of ethics at
initial certification and every certification renewal
thereafter;
(e)
The results of a bureau of criminal investigation and
federal bureau of investigation criminal records check conducted within one
year of submission.
(2)
For CPRS and CYPS
certification, completion of sixteen hours of online learning administered or
designated by the department.
(3)
Certifications
issued by the department expire two years from the date the certification
issued or renewed.
(G)
Renewal of
certification
(1)
Peer supporter certification renewal will include
submission of a complete and compliant application, including the
following:
(a)
Documentation of thirty hours of continuing education
credits, which will include the following competencies and minimum hours;
(i)
Ethics (may
include HIPAA, confidentiality) - three hours;
(ii)
Boundaries -
three hours;
(iii)
Diversity and inclusion/cultural sensitivity - two
hours;
(iv)
System navigation and care coordination - one
hour;
(v)
Trauma informed care - two hours;
(vi)
Human
trafficking - one hour;
(vii)
Behavioral health knowledge (may include recovery and
resiliency) - one hour;
(viii)
Basic
principles related to health and wellness - one hour; and,
(ix)
Principles of
coaching as applied to the delivery of peer services - two hours.
Continuing education credits will be
accepted from a continuing education program that meets the professional needs
of the intended clientèle, which will include certified peer recovery
supporters, certified family peer supporters, certified youth peer supporters,
counselors, social workers, marriage and family therapists, psychologists,
nurses, chemical dependency counselors, or other human service
professionals.
The program will have a minimum
duration of one clock hour.
The program will have written goals and
objectives which are responsive to the needs of prospective
attendees.
(b)
Certified peer
supporters will attest to having read and understood the code of ethics at
initial certification and every certification renewal
thereafter.
(c)
For those certified peer supporters providing
supervision, documentation of three hours of supervisor
training.
(d)
Either an attestation that the applicant has not been
convicted of any new felony offenses, or a new background check pursuant to
paragraph (L) of this rule.
(2)
Renewal of
certified peer supporter status is dependent on all materials being completed,
submitted, and approved by the department. Renewal of certification is for two
years from the date of the expiration of previous certification or the approval
of the renewal certification, whichever is later.
(H)
Denial of initial
or renewal certification
(1)
An application for initial or renewal certification may
be denied and a certification may be revoked for the following:
(a)
Failure to
provide peer supporter services in accordance with the standards set forth in
this rule.
(b)
Failure to submit a complete certification or renewal
application.
(c)
Failure to complete any of the standards for
certification or renewal.
(d)
The department determines that the certified peer
supporter code of ethics has been violated.
(e)
The individual is
included in one of the following databases:
(i)
The sex offender
and child-victim offender database established pursuant to division (A)(11) of
section
2950.13
of the Revised Code (available at
http://www.icrimewatch.net/index.php?AgencyID=55149&disc=);
(ii)
The database of
incarcerated and supervised offenders established pursuant to section
5120.66
of the Revised Code (available at
http://www.drc.ohio.gov/OffenderSearch/Search.aspx).
(f)
A background
check that has any of the permanently disqualifying offenses listed in
paragraph (O) of this rule.
(g)
A background
check that has any of the five year disqualifying offenses listed in paragraph
(O) of this rule, when five years have not elapsed between the release of all
sanctions for the offense, and the submission of the certification
application.
(2)
The denial of an application for certification or
renewal, or the revocation of certification is subject to appeal under Chapter
119. of the Revised Code.
(3)
Upon receipt of an application, the department will
review the materials to determine if they are complete. If an application is
incomplete, the department will notify the applicant of corrections or
additions needed.
Incomplete materials will not be
considered an application for certification, and will not constitute a denial
of an application for certification.
(4)
Any individual
who has had their certification revoked or an application denied pursuant to
this rule will not be eligible to apply to the department for certification for
at least three years from the date of revocation.
(I)
Inactive-lapsed
status.
(1)
Certifications issued pursuant to this rule are valid for
two years from the issue date. If a certification is not renewed it will be
placed in an inactive-lapsed status for a period of no more than two
years.
(2)
A certification in an inactive-lapsed status may be
renewed by an individual by meeting the renewal standards of paragraph (G) of
this rule.
(3)
Certifications in inactive-lapsed status for more than
two years will be considered as expired and any individual seeking
certification will apply as new.
(J)
Voluntary
inactive status
(1)
A person certified pursuant to this rule may submit a
request to the department to have the person's certification classified as
inactive. If the person's certification is in good standing the department will
classify the certification as inactive. The inactive classification will become
effective immediately when the inactive request is processed.
(2)
During the period
that a certification is classified as inactive, the person can not engage in
the practice of professional peer support, as applicable, in this state or make
any representation to the public indicating that the person is actively
certified pursuant to this rule.
(3)
During the period
that a certification is classified as inactive, the person will be subject to
the code of ethics as defined in paragraph (N) of this rule.
(4)
A person whose
certification has been classified as inactive may apply to the department to
have the certification reactivated. The department will reactivate the
certification if the person meets the standards for certification or renewal
pursuant to paragraph (G) of this rule.
(5)
During the time a
certification is in voluntary inactive status the department may revoke or deny
a certification pursuant to paragraph (H) of this rule when a certification is
classified as inactive.
(6)
The certification may stay inactive for no longer than
two years from the date the inactive status is issued. After two years of an
inactive status, a certification is no longer valid and the person will need to
apply for initial certification as set forth in paragraph (F) of this
rule.
(7)
If the certification is past the date on which it would
have originally expired, the person will submit documentation of the successful
completion of thirty continuing education credits within the inactive status
period.
(K)
Applications for certification and renewal, and all
accompanying materials, are subject to public records requests pursuant to
Chapter 149. of the Revised Code; however the department will not use the
applications for any purpose other than determining certification status and
will be kept confidential unless disclosure is mandated by state or federal
law.
(L)
Background check
(1)
All applicants
for an initial certification will submit a request to the bureau of criminal
identification and the federal bureau of investigation for a criminal records
check of the applicant per sections
4776.02
and
4776.03
of the Revised Code and will include a federal bureau of identification
criminal records check request. This applies to all initial applications. The
applications for criminal records check will comply with section
109.572
of the Revised Code.
(2)
Section
4776.02
of the Revised Code states that all fingerprint reports be sent directly to the
department from the bureau of criminal identification and investigation. Any
fingerprint results mailed to or from some other source will not be
accepted.
(M)
Pardons and certificates.
A conviction of, or a plea of guilty
to, a disqualifying offense as set forth in paragraph (K) of this rule will not
prevent an applicant from certification if any of the following circumstances
apply:
(1)
The applicant has been granted an unconditional pardon
for the offense pursuant to Chapter 2967. of the Revised Code;
(2)
The applicant has
been granted an unconditional pardon for the offense pursuant to an existing or
former law of the state of Ohio, any other state, or the United States, if the
law is substantially equivalent to Chapter 2967. of the Revised
Code;
(3)
The applicant has been granted a conditional pardon for
the offense pursuant to Chapter 2967. of the Revised Code, and the condition(s)
under which the pardon was granted have been satisfied;
(4)
The applicant's
conviction or guilty plea has been set aside pursuant to law;
(5)
The applicant was
adjudicated delinquent for any of the disqualifying offenses in paragraph (K)
of this rule; or,
(6)
A certificate of qualification for employment has been
issued by an Ohio court of common pleas pursuant to section
2953.25
of the Revised Code, or an equivalent certification has been issued by an out
of state or federal jurisdiction.
Applications that include a certificate
of qualification for employment or an equivalent certification associated with
a permanent exclusion offense as stated in paragraph (O) of this rule, will be
reviewed by the department and a decision will be rendered by the department on
a case-by-case basis as to whether an application will be approved or not in
accordance with section
2953.25
of the Revised Code.
(N)
Code of
ethics
(1)
The
code of ethical practice and professional conduct constitutes the standards by
which the professional conduct of peer supporters will be
measured.
(2)
A violation of the code of ethics unprofessional
conduct and is sufficient reason for revocation, or for the denial of the
initial certification or renewal.
(3)
Certified peer
supporters will attest to having read and understood the code of ethics at
initial certification and every certification renewal
thereafter.
(4)
Certified peer supporters in their various professional
roles, relationships, and areas of responsibilities will
(a)
Use the
strength-based model when working with individuals;
(b)
Respect the
rights and dignity of those they work with;
(c)
Openly share
their personal recovery and resiliency stories with colleagues and those they
serve;
(d)
Role-model recovery and resiliency.;
(e)
Adhere to privacy
and confidentiality of those they serve;
(f)
Conduct
themselves in a professional manner, including:
(i)
Never
intimidating, threatening, or harassing those they serve;
(ii)
Never using
undue influence, physical, force, or verbal abuse with those they
serve;
(iii)
Never making unwarranted promises of benefits to those
they serve; and,
(iv)
Maintaining high standards of personal
conduct.
(g)
Conduct themselves in a culturally competent manner
which includes not practicing, condoning, facilitating, or collaborating in any
form of discrimination on the basis of ethnicity, race, gender, sexual
orientation, age, religion, national origin, marital status, political belief,
or mental or physical disability.
(h)
Conduct
themselves in a manner that fosters their own recovery and resiliency,
maintaining healthy behaviors.
(i)
Not enter dual
relationships or commitments that conflict with the interests of those they
serve;
(j)
Not engage in sexual or intimate activities with
colleagues or those they serve;
(k)
Not accept or
give gifts of significant value from those they serve:
(l)
Keep current with
emerging knowledge relevant to recovery and resiliency, and openly share this
knowledge with my colleagues and those they serve; and,
(m)
Comply with laws
and regulations involving mandatory reporting of harm, abuse, or
neglect.
(O)
Disqualifying
offenses
(1)
The
following offenses (sections of the Revised Code) are permanently disqualifying
as set forth in this rule; any equivalent federal offense or offense from
another state will also by permanently disqualifying.
(a)
2903.01
(aggravated murder);
(b)
2907.02(rape);
(c)
2907.03 (sexual
battery);
(d)
2907.05
(gross sexual imposition);
(e)
2907.32
(pandering obscenity);
(f)
2907.322
(pandering sexually-oriented matter involving a minor);
(g)
2907.323
(illegal use of minor in nudity-oriented material or
performance);
(h)
2909.23
(making terrorist threat);
(i)
2909.24(terrorism).
(2)
The
following offenses (sections of the Revised Code) are disqualifying for a
period of five years from the end any sanctions as set forth in this rule; any
equivalent federal offense or offense from another state will also by
disqualifying for a period of five years.
(a)
2903.15
(permitting child abuse);
(b)
2903.16
(failing to provide for a functionally impaired person);
(c)
2903.34
patient abuse and neglect;
(d)
2903.341
patient endangerment;
(e)
2905.05
criminal child enticement (felony level);
(f)
2905.33
(unlawful conduct with respect to documents);
(g)
2905.32
trafficking in persons;
(h)
2907.04
unlawful sexual conduct with a minor, formerly corruption of a
minor;
(i)
2907.06 sexual
imposition;
(j)
2907.07
importuning;
(k)
2907.08
voyeurism;
(l)
2907.12 felonious
sexual imposition;
(m)
2907.31
disseminating matter harmful to juveniles;
(n)
2907.321
pandering obscenity involving a minor;
(o)
2909.22
soliciting/providing for act of terrorism;
(p)
2913.40 (medicaid
fraud);
(q)
2919.22
endangering children.
Replaces: 5122-29- 15.1