Bill Text: CA SB1101 | 2015-2016 | Regular Session | Amended
Bill Title: Alcohol and drug counselors: regulation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [SB1101 Detail]
Download: California-2015-SB1101-Amended.html
BILL NUMBER: SB 1101 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 11, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Wieckowski
FEBRUARY 17, 2016
An act to add Part 6.5 Chapter 9.7
(commencing with Section 1179.80) 4450)
to Division 1 of, 2 of the
Health Business and Safety
Professions Code, relating to alcohol and drug counselors.
LEGISLATIVE COUNSEL'S DIGEST
SB 1101, as amended, Wieckowski. Alcohol and drug counselors:
regulation.
Existing law provides for the registration, certification, and
licensure of various healing arts professionals. Existing law
provides for various programs to eliminate alcohol and drug abuse,
and states the finding of the Legislature that state government has
an affirmative role in alleviating problems related to the
inappropriate use of alcoholic beverages and other drug use.
This bill, among other things, would establish the Alcohol
and Drug Counseling Professional Bureau within the Department of
Consumer Affairs, specify the bureau's powers and duties, and
authorize the bureau to adopt necessary rules and regulations. The
bill would prohibit any a person
from using the title licensed alcohol and drug counselor unless the
person had applied for and obtained a license from the State
Department of Health Care Services bureau and
would specify the minimum qualifications for a license, including,
but not limited to, educational qualifications, being currently
credentialed as an advanced alcohol and drug counselor, and having
submitted to a criminal background check. The bill would provide that
a license for an alcohol and drug counselor would be valid for 2
years unless at any time during that period it is revoked or
suspended, that the license would be authorized to be renewed prior
to the expiration of the 2-year period, and that a licensee fulfill
continuing education requirements prior to renewal. The bill would
also require that the license fee the bureau
to establish the fees for an original
initial alcohol and drug counselor license and the
license a renewal fee be
license in an amount reasonably related to the
department's bureau's actual costs in performing
its duties under this part, duties,
but to not exceed $200.
This bill would require the department
bureau to ensure that review the
state and federal level criminal history of the applicant is
reviewed before issuing a license, and the
department bureau would be required, with
exceptions, to deny, suspend, delay, or set aside a person's license
if, at the time of the department's bureau's
determination, the person has a criminal conviction or pending
criminal charge relating to an offense, the circumstances of which
substantially relate to actions as a licensed alcohol and drug
counselor. The bill would also require the department to
oversee the disciplinary actions of certifying organizations it
approves, as provided.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 9.7 (commencing with Section
4450) is added to Division 2 of the Business and
Professions Code , to read:
CHAPTER 9.7. ALCOHOL AND DRUG COUNSELING PROFESSIONALS
Article 1. Administration
4450. For purposes of this chapter the following definitions
apply:
(a) "Bureau" means the Alcohol and Drug Counseling Professional
Bureau established pursuant to Section 4452.
(b) "Department" means the Department of Consumer Affairs.
(c) "Director" means the Director of Consumer Affairs.
4451. (a) (1) There is established within the department the
Alcohol and Drug Counseling Professional Bureau, under the
supervision and control of the director.
(2) (A) The duties of enforcing and administering this chapter is
vested in the chief, of the bureau and he or she is responsible to
the director for performing those duties.
(B) The chief shall serve at the pleasure of director.
(3) Every power granted or duty imposed upon the director pursuant
to this chapter may be exercised or performed in the name of the
director by a deputy director or by the chief, subject to the
conditions and limitations that the director may prescribe.
(b) Notwithstanding any other law, the powers and duties of the
bureau pursuant to this chapter are subject to review by the
appropriate policy committee of the Legislature.
4452. Protection of the public is the highest priority for the
bureau in exercising its licensing, regulatory, and disciplinary
functions. If the protection of the public is inconsistent with other
interests sought to be promoted, the protection of the public shall
be paramount.
4453. The bureau may adopt necessary rules and regulations for
the administration and enforcement of this chapter and the laws
subject to its jurisdiction and prescribe the form of statements and
reports provided for in this chapter. The rules and regulations shall
be adopted, amended, or repealed in accordance with the provisions
of the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code).
4454. The director may employ and appoint all employees necessary
to properly administer the duties of the bureau in accordance with
civil service regulations.
Article 2. Licensing
4455. (a) No person shall use the title of licensed alcohol and
drug counselor unless the person has applied for and obtained a
license from the bureau.
(b) An applicant for an alcohol and drug counselor license shall
meet minimum qualifications that include, but are not limited to, all
of the following:
(1) Has earned a master of arts, master of science, or doctoral
degree in addiction counseling, psychology, social work, counseling,
marriage and family therapy, counseling psychology, clinical
psychology, or other clinically focused major that requires no less
than 21 semester units, or equivalent, of addiction specific
education approved by a certifying organization recognized by the
department, from an institution of higher learning accredited by a
regional accrediting agency, or a board for private postsecondary
education.
(2) Has demonstrated competence by passing a master's level exam
accepted by a certifying organization approved by the State
Department of Health Care Services.
(3) Is currently credentialed as an advanced alcohol and drug
counselor and in good standing with a certification organization
recognized by the State Department of Health Care Services pursuant
to Section 13035 of Title 9 of the California Code of Regulations, as
that section read on January 1, 2017, and has no history of
revocation by a certifying organization, licensure board, or
certifying entity.
(4) Has documented to the certifying organization that the
applicant has completed all of the following courses:
(A) Three semester units, or the equivalent, of psychopharmacology
and physiology of addiction, including any of the following
subjects:
(i) Examination of the effects of alcohol and similar legal
psychoactive drugs to the body and behavior.
(ii) Damage to the body and behaviors.
(iii) Damage to the brain, liver, and other organs.
(iv) Tolerance, cross tolerance, and synergistic effects.
(v) Physiological differences between males and females.
(vi) Disease model, including neurobiological signs and symptoms.
(B) Three semester units, or the equivalent, of clinical
evaluation and psychopathology, including any of the following
subjects:
(i) Initial interviewing process.
(ii) Biopsychosocial assessment.
(iii) Differential diagnosis.
(iv) Diagnostic summaries.
(v) Cooccurring disorders, referral processes, and the evaluation
of clients using placement criteria, including the American Society
of Addiction Medicine patient placement criteria or other validated
clinical tools, to determine the most appropriate level of care for
the client and eligibility for admission to a particular alcohol and
other drug abuse treatment program.
(C) Three semester units, or the equivalent, of counseling
psychotherapy for addiction, including all of the following subjects:
(i) Introduction to counseling.
(ii) Introduction to techniques and approaches.
(iii) Crisis intervention.
(iv) Individual counseling focused on addiction.
(v) Group counseling.
(vi) Family counseling as it pertains to addiction treatment.
(D) Three semester units, or the equivalent, in case management,
including all of the following subjects:
(i) Community resources.
(ii) Consultation.
(iii) Documentation.
(iv) Resources for persons who are HIV positive.
(E) Three semester units, or the equivalent, of client education,
including all of the following subjects:
(i) Addiction recovery.
(ii) Psychological client education.
(iii) Biochemical and medical client education.
(iv) Sociocultural client education.
(v) Addiction recovery and psychological family education.
(vi) Biomedical and sociocultural family education.
(vii) Community and professional education.
(F) Three semester units, or the equivalent, of professional
responsibility law and ethics, including all of the following
subjects:
(i) Ethical standards, legal aspects, cultural competency,
professional growth, personal growth, dimensions of recovery,
clinical supervision, and consultation.
(ii) Community involvement.
(iii) Operating a private practice.
(G) Three semester units, or the equivalent, of supervised
fieldwork.
(5) Has submitted to both a state and federal level criminal
offender record information search pursuant to Section 4459.
4456. (a) For a period not to exceed one year, as determined by
the bureau, from the date the bureau commences accepting applications
for an initial license, an applicant who has a minimum of 12,000
hours experience is not required to meet the requirements of
paragraphs (1), (2), and (4) of subdivision (b) of Section 4455.
(b) Applicants who do not meet the requirements of paragraphs (1),
(2), and (4) of subdivision (b) of Section 4455 shall sit for the
masters level exam required by paragraph (2) of subdivision (b) of
Section 4455 before the first renewal period and shall provide proof
of passing the exam to the certifying organization before one year
after the end of the first renewal period.
4457. (a) A license for an alcohol and drug counselor shall be
valid for two years unless at any time during that period it is
revoked or suspended. The license may be renewed prior to the
expiration of the two-year period.
(b) To qualify to renew the license, a licensee shall have
completed 36 hours of continuing education units approved by the
certification organization during the two-year license renewal
period, which shall include six hours of ethics and law, six hours of
cooccurring disorder, and three hours of cultural competency.
(c) The department may revoke a license issued pursuant to this
chapter if either of the following occurs:
(1) The licensee loses his or her credential granted by the
certifying organization.
(2) The licensee has been convicted of a felony charge that is
substantially related to the qualifications, functions, or duties of
a licensed alcohol and drug counselor. A plea of guilty or nolo
contendere to a felony charge shall be deemed a conviction for the
purposes of this paragraph.
4458. The bureau shall establish the fees for an initial alcohol
and drug counselor license or a renewal license in an amount
reasonably related to the department's actual costs in performing its
duties under this chapter not to exceed two hundred dollars ($200).
4459. (a) Before issuing a license, the bureau shall review both
the state and federal level criminal history of the applicant.
(b) (1) (A) The department shall deny, suspend, delay, or set
aside a person's license if, at the time of the department's
determination, the person has a criminal conviction or criminal
charge pending, relating to an offense, the circumstances of which
substantially relate to actions as a licensed alcohol and drug
counselor.
(B) An applicant who has a criminal conviction or pending criminal
charge shall request the appropriate authorities to provide
information about the conviction or charge directly to the department
in sufficient specificity to enable the department to make a
determination as to whether the conviction or charge is substantially
related to actions as a licensed alcohol and drug counselor.
(2) However, after a hearing or review of documentation
demonstrating that the applicant meets the specified criteria for a
waiver, the department may waive the requirements of this subdivision
if the department finds any of the following:
(A) For waiver of a felony conviction, more than five years has
elapsed since the date of the conviction. At the time of the
application, the applicant is not incarcerated, on work release, on
probation, on parole, on post-release community supervision, or
serving any part of a suspended sentence and the applicant is in
substantial compliance with all court orders pertaining to fines,
restitution, or community service.
(B) For waiver of a misdemeanor conviction or violation, at the
time of the application, the applicant is not incarcerated, on work
release, on probation, on parole, on post-release community
supervision, or serving any part of a suspended sentence and the
applicant is in substantial compliance with all court orders
pertaining to fines, restitution, or community service.
(C) The applicant is capable of practicing licensed alcohol and
drug treatment counselor services in a competent and professional
manner.
(D) Granting the waiver will not endanger the public health,
safety, or welfare.
(E) The applicant has not been convicted of a felony sexual
offense.
Article 3. Construction of Chapter
4460. (a) This chapter does not constrict, limit, or prohibit a
facility or program that is licensed or certified by this state, a
county-contracted alcohol and drug treatment facility or program, or
a driving-under-the-influence program from employing or contracting
with an alcohol and drug counselor who is certified by a certifying
organization accredited and approved by this state pursuant to
Chapter 8 (commencing with Section 13000) of Division 4 of Title 9 of
the California Code of Regulations as that chapter read on January
1, 2017.
(b) This chapter does not require a facility or program licensed
or certified by this state, a county-operated or contracted alcohol
and drug treatment program or facility, or a
driving-under-the-influence program to utilize the services of an
alcohol and drug counselor licensed pursuant to this chapter.
All matter omitted in this version of the bill appears in the bill as
amended in the Senate, March 28, 2016. (JR11)
