Are there ODP regulatory changes in which we have to offer counseling guidance to repeat overdrafters, even if we don't offer OD protection and if so, who provides the counseling

If you have an automated overdraft payment system, then yes you have to.
If your system is ad-hoc, you do not have to.

At our bank, one of the loan officers is the "counselor" - the contact person to discuss our less expensive options. Her name is included on the letter that we mail out to customers who have more than 6 ods in a 12 month period.

Rebpeb -- The reference is to the FDIC's November 2010 Final Overdraft Payment Supervisory Guidance, which you can find HERE.

I just want to confirm that if we are only charging NSF fees and do not have a overdraft program that we do not need to apply the 6 in 12 rule. No overdraft program no counseling correct?

If you have no automated overdraft program, the FDIC's guidance provision for counseling after 6 occasions in 12 rolling months does not apply to you.

Thanks John!