Bill Text: CA SB686 | 2009-2010 | Regular Session | Amended
Bill Title: Alcohol and other drug counselor licensing and
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-07-01 - From committee with author's amendments. Read second time. Amended. Re-referred to Com. on NAT. RES. [SB686 Detail]
Download: California-2009-SB686-Amended.html
BILL NUMBER: SB 686 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 1, 2010
INTRODUCED BY Senator DeSaulnier
FEBRUARY 27, 2009
An act to amend Section 21086 of the Public Resources
Code, relating to the environment. An act to add Part
4 (commencing with Section 11975.10) to Division 10.5 of the Health
and Safety Code, to amend Section 11165. 7 of the Penal
Code, and to amend Section 15630 of the Welfare and Institutions
Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
SB 686, as amended, DeSaulnier. Environment: CEQA
exemption: addition and deletion. A lcohol
and other drug counselor licensing and certification.
Existing law provides for the registration, certification, and
licensure of various healing arts professionals, including, but not
limited to, setting forth the scope of practice, establishing the
regulatory boards, department, or bureaus, and setting forth the
powers and duties of these entities.
This bill would establish similar registration, certification, and
licensure provisions relating to alcohol and other drug counselors
to be administered by the State Department of Alcohol and Drug
Programs, and would authorize the department to commence issuing
these licenses, registrations, and certificates on January 1, 2012,
and would make conforming changes related to child, elder, and
dependent adult abuse reporting provisions. The bill would make a
violation of these provisions a misdemeanor, and would specify
various unlawful acts related to its provisions. The bill would
authorize the department to assess related fees, and would require
deposit of the fees into the Alcohol and Other Drug Counselor License
Fund, which the bill would establish for expenditure for the
purposes of this bill, upon appropriation by the Legislature.
By establishing a new crime, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
The California Environmental Quality Act requires the Office of
Planning and Research to adopt guidelines that include criteria for
public agencies to follow in determining whether or not a proposed
project may have a significant effect on the environment and a list
of classes of projects that are exempted from the act's requirements.
The act establishes procedures for the certification and adoption of
the guidelines. The act authorizes a public agency to request, in
writing, the addition or deletion of a class of projects to the list.
The office is required to review each request and, as soon as
possible, submit its recommendation to the Secretary of Natural
Resources Agency.
This bill would make technical, nonsubstantive changes to the
provision regarding the addition or deletion of a class of projects.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Part 4 (commencing with Section
11975.10) is added to Division 10.5 of the Health and
Safety Code , to read:
PART 4. ALCOHOL AND OTHER DRUG COUNSELOR LICENSING AND
CERTIFICATION
CHAPTER 1. GENERAL PROVISIONS
11975.10. This part shall be known, and may be cited, as the
Alcohol and Other Drug Counselor Licensing and Certification Act.
11975.15. For purposes of this part, the following terms have the
following meanings:
(a) "Registrant" or " RAODC" means an uncertified or unlicensed
person who is in the course of completing the requirements for
certification or licensure under this part and who is registered with
a Counselor Preparation and Testing Organization (CPTO).
(b) "Certified Alcohol and Other Drug Counselor" or "CAODC" means
a person certified by the department pursuant to Section 11975.35 or
11975.36 to practice alcohol and other drug counseling in a program
licensed or certified by the department under this division.
(c) "Intern" means a person certified by the department who is
preparing for licensure.
(d) "Licensed Alcohol and Other Drug Counselor" or "LAODC" means a
person licensed by the department pursuant to Section 11975.40 or
11975.42 to practice alcohol and other drug counseling, who may
provide clinical supervision to any other person licensed, certified,
or registered under this part, and who may maintain an independent
alcohol and other drug counseling practice outside of a program
licensed or certified by the department pursuant to this part.
(e) "Independent counseling practice" means an individual or
individuals who are licensed under this part to engage in the
practice of alcohol and other drug counseling, as defined in Section
11975.75, in a setting outside of a licensed facility or certified
program.
(f) "Clinical supervision" means the ongoing process in which the
supervisor participates with one or more supervisees to ensure
high-quality service delivery across domains of counselor
development, professional and ethical standards, program development,
quality assurance, performance evaluation, and administration, as
described in the Technical Assistance Publication Series No. 21, 2006
(TAP 21).
(g) "Advertise" includes, but is not limited to, the issuance of
any card, sign, or device to any person, or the causing, permitting,
or allowing of any sign or marking on or in any building or
structure, or in any newspaper or magazine or in any directory, or
any printed matter, with or without any limiting qualification.
"Advertise" also includes business solicitations communicated by
radio or television broadcasting, the Internet, or any other
electronic medium.
(h) "Counselor Preparation and Testing Organization" or "CPTO"
means a certifying organization as defined and used in Chapter 8
(commencing with Section 13000) of Division 4 of Title 9 of the
California Code of Regulations, including compliance with standards
and terms of accreditation by the Institute for Credentialing
Excellence (ICE).
(i) "Institution of higher learning" means an entity accredited by
the Western Association of Schools and Colleges or an equivalent
regional accrediting agency approved by the United States Department
of Education, or compliant with the requirements of the Bureau for
Private Postsecondary and Vocational Education (BPPVE) or its
successor agency, the Bureau for Private Postsecondary Education,
pursuant to the California Private Postsecondary Education Act of
2009 (Chapter 8 (commencing with Section 94800) of Part 59 of
Division 10 of Title 3 of the Education Code).
(j) (1) "TAP 21" means the publication published by the United
States Department of Health and Human Services, Substance Abuse and
Mental Health Services Administration, Center for Substance Abuse
Treatment entitled, "Addiction Counseling Competencies," Technical
Assistance Publication Series No. 21, 2006, and, to the extent the
department determines it to be consistent with this part, as that
publication may be updated.
(2) "TAP 21A" means the publication published by the United States
Department of Health and Human Services, Substance Abuse and Mental
Health Services Administration, Center for Substance Abuse Treatment
entitled, "Competencies for Substance Abuse Treatment Clinical
Supervisors," Technical Publication Series No. 21A, 2007, and, to the
extent the department determines it to be consistent with this part,
as that publication may be updated.
(k) "ICE" means the Institute for Credentialing Excellence,
formerly the National Organization for Competency Assurance, which is
a national organization that provides government and employers
services that allow them to confirm the validity and reliability of a
private certifying body.
11975.17. (a) There is within the department a seven-member
Advisory Committee on Alcohol and Other Drug (AOD) Counselor
Training, Certification, and Licensing.
(b) The advisory committee shall meet a minimum of four times per
year in order to review and issue recommendations to the department
on the following issues:
(1) The department's implementation of this part.
(2) Counselor education and examination issues.
(3) Code of conduct and ethics issues.
(4) Disciplinary actions.
(5) Counselor performance.
(6) Reciprocity provisions with other states.
(7) Other pertinent issues related to counselor training,
certification, and licensing as the committee may decide.
(c) (1) At least once every two years the advisory committee shall
issue a report to the department and the Legislature regarding its
findings and recommendations.
(2) The requirement for submitting a report to the Legislature
imposed under this subdivision is inoperative four years after the
date the first report is due, pursuant to Section 10231.5 of the
Government Code.
(3) A report submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.
(d) For purposes of this section, a "public member" means a person
who is neither registered, certified, or licensed under this part,
nor who has a fiduciary duty to, any employment with, or contractual
interest in, any facility or program providing alcohol and other drug
treatment, or any group or organization representing, or financially
or legally associated with, any aspect of the alcohol and other drug
treatment community.
(e) The seven members of the advisory committee shall be appointed
not later than January 1, 2012. Except for public members, initial
appointment and continued service on the advisory committee is
contingent upon the member being and remaining certified or licensed
under this part. Members shall be appointed as follows:
(1) Five members, at least one of whom shall be a public member,
appointed by the Governor. Up to four members may be nonpublic
members, including, but not limited to, certified or licensed
counselors, service providers, or a person representing any aspect of
the alcohol and other drug treatment community.
(2) One public member appointed by the Speaker of the Assembly.
(3) One public member appointed by the Senate Committee on Rules.
(f) The director may appoint no more than three nonvoting, ex
officio members who may include a representative of the Little Hoover
Commission, the department, the Assembly Select Committee on Alcohol
and Drug Abuse, the Senate Committee on Health, or the Assembly
Committee on Public Safety.
(g) The executive directors of the Board of Behavioral Sciences
and the Board of Psychology shall also serve as nonvoting, ex officio
members of the advisory committee.
(h) All committee members shall serve for terms of four years,
except that the appointing power may remove a member without cause.
If a member is removed, the member appointed as his or her
replacement shall serve for the duration of the unexpired term. No
committee member shall serve more than two consecutive terms.
Committee members shall not be compensated but shall be reimbursed by
the department for necessary expenses incurred in performing the
duties of their membership on the committee.
(i) The committee shall select a chairperson each year, but no
person shall be selected as the chairperson for more than two
consecutive years.
(j) The committee may create subcommittees as it deems
appropriate.
(k) The department shall provide support to the advisory committee
from within its existing resources.
11975.18. The duties of the advisory committee established
pursuant to Section 11975.17 shall include all of the following:
(a) Recommend to the director any changes to the definition of
unprofessional conduct specified in Section 11975.95, that are
consistent with generally accepted ethics codes.
(b) Periodically review and make recommendations regarding the
efficacy of the complaint process adopted by the department pursuant
to paragraph (4) of subdivision (b) of Section 11975.20.
(c) Review and provide recommendations on agreements and
regulations proposed by the director to implement this part.
(d) Review and provide recommendations to the department regarding
the department's reports of initial inspections of CPTOs conducted
pursuant to paragraph (6) of subdivision (b) of Section 11975.20,
biennial inspections and unannounced inspections conducted pursuant
to paragraph (7) of subdivision (b) of Section 11975.20, and agencies
seeking approval as a CPTO on a provisional basis pursuant to
Section 11975.25.
(e) Provide recommendations to the director on any other matters
pertaining to this part.
11975.19. (a) Upon receipt of a recommendation from the advisory
committee, the director shall do one of the following within 30
business days:
(1) Initiate the rulemaking process to adopt the recommendation of
the committee.
(2) Decline to initiate the rulemaking process and provide the
committee with a written statement of reasons for the decision.
(3) Request that the committee provide additional information
regarding the recommendation.
(4) Indicate to the committee that consultation with a particular
agency or agencies may be required before responding to the committee'
s recommendation.
(b) All regulations adopted pursuant to this chapter shall be
adopted in compliance with the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code).
CHAPTER 2. ADMINISTRATION
11975.20. (a) The department shall administer and enforce this
part.
(b) In order to carry out the provisions of this part, the
department shall do, but shall not be limited to, all of the
following:
(1) Adopt rules and regulations as necessary to administer and
enforce this part. The adoption, amendment, and repeal of those rules
and regulations shall be made in accordance with the rulemaking
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).
(2) Commencing January 1, 2012, issue licenses, certificates, and
registrations to those who meet the qualifications of this part and
any regulations promulgated pursuant to this part.
(3) Take disciplinary action against counselors and registrants,
as appropriate, including reprimand or probation, suspension, or
revocation of the license, certificate, or registration, issuance of
administrative citations, or imposition of administrative fines not
to exceed five thousand dollars ($5,000), or any combination of these
for failing to comply with the terms of this part.
(4) Adopt regulations not later than January 1, 2013, for the
receipt, investigation, and resolution of complaints made by or
against registrants and certified and licensed counselors.
(5) Maintain a database of registrants, and certified and licensed
counselors, including the individual's status, any public record of
discipline, and other information as the department may adopt by
regulation. The department shall also maintain on its Internet Web
site a current, simple listing of all registrants and counselors
against whom a finalized disciplinary action has been taken,
including the specific disciplinary action ordered.
(6) On or before January 1, 2012, conduct an initial review of
each CPTO and make a determination as to whether each CPTO has met
the qualifications and requirements of this part. If a CPTO is
determined to have met these qualifications and requirements, the
department shall confirm its status as a CPTO for the purposes of
preparing and testing applicants. If the department determines that a
CPTO has not met one or more of the qualifications or requirements,
the department may take any of the appropriate actions specified in
subparagraphs (D) and (E) of paragraph (7). The findings of these
reviews shall be made available to the advisory committee established
pursuant to Section 11975.17, and to the public within 60 days of
conducting the review.
(7) (A) Commencing January 1, 2014, inspect each CPTO and each
CPTO with provisional status once every two years to ensure
compliance with applicable requirements and regulations, including
continuing compliance with the terms and standards by which the CPTO
was accredited by the ICE. The findings of these inspections shall be
made available to the advisory committee established pursuant to
Section 11975.17, and to the public within 60 days of conducting the
review.
(B) The department may inspect, at any time, with or without
providing prior notice, any CPTO to ensure compliance.
(C) A CPTO shall comply with all state regulations and with the
terms of its ICE approval.
(D) The department shall take disciplinary action against CPTOs,
as appropriate, including reprimand or probation, issuing an order to
take corrective action, suspension, or revocation of the CPTO's
status, imposition of administrative fines not to exceed ten thousand
dollars ($10,000), or any combination of these for failing to comply
with the terms of this part.
(E) If the department suspends or revokes the status of a CPTO,
the department shall determine the appropriate means for licensees,
certificants, and registrants who are affiliated with that CPTO to
transfer their credit earned toward meeting the education and work
experience requirements of this part, as appropriate, to another
CPTO.
(8) Create a process by which a CPTO is required to submit a
request for registration to the department on behalf of an applicant,
including a recommendation and summary of the person's
qualifications, at the time a person applies to a CPTO for status as
an RAODC. The department may establish a requirement that a CPTO
provide an applicant's portfolio that includes all the documentation
concerning the applicant's qualifications not more than five business
days after the documentation is requested by the department. The
department also may establish, by regulation, recordkeeping
requirements for applicants' portfolios. The department shall, after
seeking recommendations from the advisory committee, adopt
regulations to implement this paragraph not later than January 1,
2012.
(9) Create a process by which a CPTO is required to submit a
request for certification to the department on behalf of an applicant
who has been an RAODC and who meets all the requirements for
certification, including a recommendation and a summary of the RAODC'
s qualifications, at the time the RAODC applies to the CPTO for
certification as a CAODC. The department may establish a requirement
that a CPTO provide an applicant's portfolio that includes all the
documentation concerning the applicant's qualifications not more than
five business days after the documentation is requested by the
department. The department also may establish, by regulation,
recordkeeping requirements for applicants' portfolios. The department
shall, after seeking recommendations from the advisory committee,
adopt regulations to implement this paragraph not later than January
1, 2012.
(10) Create a process by which a CPTO is required to submit a
request for licensure to the department on behalf of an applicant who
has been a CAODC and who meets all the requirements for licensure,
including a recommendation and a summary of the person's
qualifications, at the time the CAODC applies to the CPTO for
licensure as an LAODC. The department may establish a requirement
that a CPTO provide an applicant's portfolio with all the
documentation concerning the applicant's qualifications not more than
five business days after the documentation is requested by the
department. The department also may establish, by regulation,
recordkeeping requirements for applicants' portfolios. The department
shall, after seeking recommendations from the advisory committee,
adopt regulations to implement this paragraph not later than January
1, 2012.
11975.25. (a) A CPTO shall do all of the following:
(1) Maintain a business office in the state and advise the
department and the ICE of that address and any changes to that
address.
(2) Be accredited with the ICE as of January 1, 2010, continuously
maintain accreditation, including accreditation renewals as required
by the ICE, and abide by all terms of its ICE accreditation,
including all final documentation presented to the ICE regarding the
CPTO's organizational requirements and counselor education and
testing provisions.
(3) Maintain an electronic database of all persons affiliated
with the CPTO through registration, certification, and licensure that
includes enough information to allow the CPTO to provide the
department the information required by subdivisions (h), paragraphs
(8), (9), and (10) of subdivision (b) of Section 11975.20.
(4) Comply with the requirements of this part.
(b) The department shall, commencing January 1, 2014, consider
approving as a CPTO any other agency not accredited with the ICE as
of January 1, 2010, if the department determines that the agency has
gained ICE accreditation after that date, the agency complies with
all of the other provisions of this subdivision, and pays an initial
review fee in the same amount as specified in subdivision (c) of
Section 1177.15. Approval as a CPTO pursuant to this subdivision
shall be on a provisional basis for a period of three years during
which time the department shall inspect the CPTO at least once under
the terms of subparagraph (A) of paragraph (7) of subdivision (b) of
Section 11975.20.
CHAPTER 3. REGISTRATION
11975.30. (a) Commencing January 1, 2012, the department shall
issue a Registered Alcohol and Other Drug Counselor (RAODC)
registration to a person, within 30 business days after receiving a
request for registration for the person from a CPTO, if the person
has met all of the following requirements:
(1) Completed and submitted an application for registration to a
CPTO.
(2) Completed an introductory alcohol and other drug abuse class
approved by the CPTO before providing any of the services defined
within the scope of practice specified in Section 11975.75, that
includes instruction as follows:
(A) At least eight hours of education in the subject of law and
ethics as it relates to a registrant's ability to practice alcohol
and other drug abuse counseling safely. This education may include,
but need not be limited to, education in the legal and regulatory
aspects of alcohol and other drug abuse treatment, regulatory
restrictions, confidentiality issues surrounding clients' rights,
including those pursuant to the federal Health Insurance Portability
and Accountability Act (HIPAA), what constitutes unprofessional
conduct under this part, and the standards of competency for the
practice of alcohol and drug abuse counseling.
(B) At least eight hours of education in an orientation class in
the field of addiction treatment that includes screening and
referral.
(3) Signed the CPTO's Code of Ethics.
(4) Submitted a live fingerprint scan as specified in subdivision
(b) of Section 11976.35.
(5) Submitted to a state and federal level criminal offender
record information search and passed both background checks as
specified in Section 11976.35.
(6) Paid the required fees as specified in Section 11977.15.
(b) A registrant may provide support services, including all of
the services specified in Section 11975.75, to certified or licensed
counselors, but shall not carry a caseload, or perform group or
individual counseling in an unsupervised environment.
(c) A CPTO shall be responsible for notifying the department
regarding each applicant's completion of the requirements specified
in subdivision (a).
(d) Before a person may begin obtaining work experience for
certification or licensure, he or she is required to be registered
with a CPTO and is required to have received an RAODC certification
from the department.
(e) A registrant shall renew his or her registration at least once
every two years with a CPTO.
11975.31. (a) All registrants shall obtain a minimum of 30 hours
of education per year working toward certification in alcohol and
other drug treatment in an institution of higher learning in a
program that provides courses of study that may be applied toward the
315 hours of education, as specified in Section 11975.36, in not
more than five years in order for registrants to meet the education
requirements for CAODCs. Hours of education that are offered as
continuing education units shall not apply to the 30 hours of
education per year required by this subdivision.
(b) A CPTO shall revoke the registration of a registrant who has
been registered for more than five years, but has not received
certification, unless the CPTO determines that unusual or extenuating
hardships existed for the individual preventing him or her from
completing the requirements within the five-year period. If a CPTO
makes this determination regarding an individual, then the CPTO may
grant the individual an extension of up to three additional years to
complete all certification requirements. Every revocation or
extension action taken by a CPTO under this subdivision shall be
reported to the department within five business days. The CPTO shall
enter this information into its database no later than the time at
which it notifies the department. The department shall enter and
display the information in its database within five business days of
receiving notification from a CPTO.
CHAPTER 4. CERTIFICATION
11975.35. Commencing January 1, 2012, and until the disposition
of all complete applications actually received by the department
prior to January 1, 2014, the department shall issue a Certified
Alcohol and Other Drug Counselor (CAODC) certificate, within 30
business days, to a person who the department determines was
certified as a counselor on or before December 31, 2011, in
accordance with regulations of the department in effect on that date,
and who has met all of the following requirements:
(a) Completed and submitted an application for certification to a
CPTO.
(b) Submitted to a state and federal level criminal offender
record information search and passed both background checks as
specified in Section 11976.35.
(c) Paid the required fees as specified in
Section 11977.15.
11975.36. Commencing January 1, 2012, the department shall issue
a Certified Alcohol and Other Drug Counselor (CAODC) certificate
within 30 business days to a person if all of the following
requirements are met:
(a) The department receives documentation pursuant to paragraph
(9) of subdivision (b) of Section 11975.20 from a CPTO that the
person has met either of the following requirements:
(1) Completed the education requirements of, passed the
examination administered by, and completed all other requirements,
including work experience requirements, of the CPTO.
(A) Education requirements must include a minimum of 315 classroom
hours and 160 hours of a supervised practicum.
(B) The examination administered by a CPTO shall be
psychometrically validated to the appropriate level of education and
shall examine the person's knowledge of the materials as specified in
Section 11975.45.
(2) Possesses an earned associate of arts or associate of science
in alcohol and drug counseling, or other equivalent degree recognized
by the department from an institution of higher learning, and has
completed 160 hours of a supervised practicum, and passed a test
administered by a CPTO as specified in Section 11975.50.
(b) Completed 2,080 hours of work experience, as specified in
Section 11975.60, that are within the scope of practice of a
counselor specified in Section 11975.75. The work experience must be
gained within six years of the application for certification.
(c) Submitted to a state and federal level criminal offender
record information search and passed both background checks as
specified in Section 11976.35.
(d) Paid the required fees as specified in Section 11977.15.
(e) Completed the application for a certificate and satisfied any
other requirements of this part for certification as a CAODC.
(f) The CPTO shall be responsible for notifying the department, in
a manner the department may specify, of pertinent information
regarding each applicant's completion of the requirements specified
in subdivisions (a) and (b). The individual applying to the
department for certification is responsible for meeting the
requirements imposed by subdivisions (c), (d), and (e), and for
payment of fees. Upon receiving all of the required information and
payment of fees, the department may, with cause, contact the CPTO to
elicit additional information regarding any particular application
for certification.
(g) The department shall issue the certification not more than 30
business days following the date on which the department receives all
required documentation, including payment of fees, unless a finding
is made that a particular application for certification should be
delayed or denied pursuant to due process provisions of this part.
CHAPTER 5. LICENSURE
11975.40. Commencing January 1, 2012, and until the disposition
of all completed applications actually received by the department by
June 30, 2013, the department shall issue a Licensed Alcohol and
Other Drug Counselor (LAODC) license, within 30 business days, to a
person who the department determines was certified as a counselor on
or before December 31, 2011, in accordance with regulations of the
department in effect on that date, if the person has met one of the
following requirements:
(a) Possesses an earned master of arts, master of science, or
doctoral degree in alcohol and drug counseling, psychology, social
work, marriage, family and child counseling, marital and family
therapy or other clinically focused discipline, or an equivalent
degree from an institution of higher learning that is recognized by
the department, holds a valid advanced certification from a CPTO as
described in paragraph (5), and has completed all of the following:
(1) Six hours of education in clinical supervision techniques.
(2) Sixteen hours of education on operating an independent
counseling practice, including both of the following:
(A) Six hours of education in the subject of law and ethics as it
relates to a licensee's ability to practice alcohol and other drug
abuse counseling safely. This education may include, but shall not be
limited to, education in the legal and regulatory aspects of
chemical dependency treatment, regulatory restrictions,
confidentiality, issues surrounding clients' rights, and standards of
competency for the practice of alcohol and other drug abuse
counseling.
(B) Ten hours of education in the recognition of co-occurring
disorders, referral processes, and the evaluation of clients using
placement criteria, such as the ASAM 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.
(3) All of the hours of education required by this section may be
gained as part of the education leading to a person's earned master
of arts, master of science, or doctoral degree.
(4) (A) Submitted to a state and federal level criminal offender
record information search not later than June 30, 2012, and passed
both background checks as specified in Section 11976.35.
(B) Paid the required fees as specified in Section 11977.15.
(C) Completed the application for a license.
(5) For the purpose of this subdivision, an "advanced
certification" issued by a CPTO shall include the following minimum
requirements:
(A) Three hundred fifteen hours of formal instruction in alcohol
and other drug abuse counseling.
(B) Six thousand hours of work experience as an alcohol and other
drug abuse counselor.
(b) (1) Passed a test prior to January 1, 2012, that is recognized
by a CPTO, and is sufficient to verify the skill and knowledge
determined by an applicable job task analysis.
(2) Completed a course of education as described in Section
11975.45 that includes at least 315 hours of classroom instruction in
alcohol and other drug abuse counseling, including, but not limited
to, a 45-hour classroom practicum course offered by a provider
approved by the CPTO.
(3) Completed 10,000 hours of work experience that is within the
scope of practice of a counselor specified in Section 11975.75 as a
certified counselor and as verified by a CPTO prior to the date the
application for licensure was filed, and is currently certified as a
counselor by a CPTO.
(4) Completed at least 255 hours of fieldwork in a clinically
supervised practicum approved by a CPTO.
(5) Completed at least six hours of education in supervision
techniques.
(6) Completed at least six hours of education in the subject of
law and ethics as it relates to a licensee's ability to practice
alcohol and other drug abuse counseling safely. This education may
include, but shall not be limited to, education in the legal and
regulatory aspects of chemical dependency treatment, regulatory
restrictions, confidentiality, issues surrounding clients' rights,
and standards of competency for the practice of alcohol and other
drug abuse counseling.
(7) Completed at least 10 hours of education in the recognition of
co-occurring disorders, referral processes, and the evaluation of
clients using placement criteria, such as the ASAM Patient Placement
Criteria, to determine the most appropriate level of care for a
client and a client's eligibility for admission to a particular
alcohol and other drug abuse treatment program.
(8) Sixteen hours of education on operating an independent
counseling practice.
11975.42. Commencing January 1, 2012, the department shall issue
a Licensed Alcohol and Other Drug Counselor (LAODC) license, within
30 business days, to a person who has met all of the following
requirements:
(a) Possesses an earned master of arts, master of science, or
doctoral degree in alcohol and drug counseling, psychology, social
work, marriage, family and child counseling, marital and family
therapy or other clinically focused major, or an equivalent degree
recognized by the department from an institution of higher learning,
and meets the requirements of a certified counselor pursuant to
Section 11975.35.
(b) Completed all of the following:
(1) Forty hours of education in clinical supervision techniques.
(2) A minimum of 65 hours of education on operating an independent
counseling practice, including both of the following:
(A) Twenty hours of education in the subject of law and ethics as
it relates to a licensee's ability to practice alcoholism and drug
abuse counseling safely. This education may include, but shall not be
limited to, education in the legal and regulatory aspects of
chemical dependency treatment including the scope of practice
restrictions specified in Section 11975.75, regulatory restrictions,
confidentiality, issues surrounding clients' rights, and standards of
competency for the practice of alcohol and other drug abuse
counseling.
(B) Forty-five hours of education in psychopathology, including
co-occurring disorders, referral processes, and the evaluation of
clients using placement criteria, such as the ASAM 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) Passed a test administered by a CPTO as specified in Section
11975.50.
(d) Completed a supervised practicum required by the institution
of higher learning that awarded the applicant his or her degree.
(e) Completed 3,120 hours of work experience as specified in
Section 11975.60 which hours shall be inclusive of the hours spent in
the practicum specified in subdivision (d) and the 2,080 work
experience hours specified in Section 11975.60.
(f) Submitted to a state and federal level criminal offender
record information search and passed both background checks as
specified in Section 11976.35.
(g) Paid the required fees as specified in Section 11977.15.
(h) Completed and submitted an application for a license and
satisfied all other requirements of this part for licensure as an
LAODC.
(i) Completed at least six hours of education in supervision
techniques.
(j) All of the hours of education required by this section may be
gained as part of the education leading to a person's earned master
of arts, master of science, or doctoral degree.
11975.45. The curriculum for educational qualifications required
for registration, certification, or licensure pursuant to this part
shall, at a minimum, meet the requirements as determined by the TAP
21 for all counselors, and by the TAP 21A for counselors at the LAODC
level.
11975.50. A test developed or recognized by a CPTO shall meet, at
a minimum, all of the following criteria:
(a) Sufficient to examine and verify the appropriate level of
skills and knowledge as described in the TAP 21 or TAP 21A and the
job task analysis created specifically for the level of certification
and licensure intended.
(b) Psychometrically validated to cover the curriculum and the
skills and knowledge required by this part including the competencies
determined by the TAP 21 and TAP 21A for CAODCs and LAODCs.
(c) Administered at a frequency and under conditions providing
reasonable access and security.
(d) Maintained in accordance with industry standards, including,
but not limited to, revalidating every five years, performing a cut
score validated annually to maintain validity, and maintaining an
annual question bank maintenance.
(e) Protected, to the best of the CPTO's ability, the integrity of
the testing instruments utilized and shall maintain a plan of action
to respond to a compromised test. A CPTO shall report test
compromises to the department with the documented incident and plan
of action within five business days of discovering a compromising
incident.
11975.60. The work experience required by this part shall meet
all of the following criteria:
(a) Except for the work experience provisions specified in
subdivision (j) of Section 11975.42, no hours of experience may be
gained more than six years prior to the date the application for
registration, certification, or licensure, as applicable, was filed,
except as specifically provided in this part, unless a CPTO makes a
determination regarding an individual for whom a hardship exists, in
which case the CPTO may allow up to two additional years to gain the
work experience.
(b) Work experience shall not be gained as an independent
contractor.
(c) Clinical supervision of registrants and interns conducted
pursuant to this section shall include at least one hour of direct
supervisor contact during each 40-hour work period, and must be
conducted while the registrants or interns are performing services
that are within the scope of practice of a counselor specified in
Section 11975.75.
(d) For purposes of this section "one hour of direct supervisor
contact" means either of the following:
(1) One hour of face-to-face contact on an individual basis during
counseling periods or during provision of other services specified
in Section 11975.75.
(2) Two hours of face-to-face contact during counseling periods or
during the provision of other services specified in Section
11975.75, with a group that includes not more than five registrants
or interns.
(d) Work experience may be completed in any setting that meets
both of the following:
(1) Lawfully and regularly provides alcohol and other drug
counseling.
(2) Provides clinical supervision to ensure that the registrant's
or intern's work at the setting meets the requirements set forth in
this part and is within the scope of practice for the profession as
specified in Section 11975.75.
(e) Clinical supervision hours required of registrants to become
eligible for certification shall be supervised by a licensed or
certified counselor who has 6,000 hours of work experience that is
within the scope of practice of a counselor specified in Section
11975.75 and who is approved by a CPTO for supervising registrants in
a facility licensed or in a program certified by the department.
Interns seeking to meet the qualifications for licensure may only
gain clinical supervision hours by an LAODC or by a person who is
licensed under applicable provisions described in Section 11975.65.
(f) (1) Two thousand eighty hours of work experience credited
toward licensure may only be acquired in a setting in which a
certified counselor is physically present.
(2) (A) Before beginning the remaining 1,040 hours of work
experience required for licensure, a candidate for licensure shall
register as an intern with a CPTO. The remaining 1,040 experience
hours for licensure specified in Section 11975.40 shall be gained
under the clinical supervision of an LAODC, or any of the following
licensed professionals:
(i) A physician licensed by the Medical Board of California.
(ii) A psychologist licensed by the Board of Psychology.
(iii) A clinical social worker or marriage and family therapist
licensed by the California Board of Behavioral Sciences.
(iv) Another licensed mental health professional specified by the
department by regulation.
(B) A CAODC performing services in a private practice setting
shall be supervised by a person who is either an LAODC, a marriage
and family therapist, a licensed clinical social worker, a licensed
psychologist, a licensed physician and surgeon certified in
psychiatry by the American Board of Psychiatry and Neurology, or a
physician and surgeon who has completed a residency but is not yet
board certified in psychiatry. All clinical supervisors of
registrants and interns seeking hours for licensure shall have at
least 6,000 hours of direct treatment experience in substance abuse
and addiction.
(C) A person supervising a certified alcohol and other drug abuse
counselor or intern shall have a written agreement with the
supervisee describing the planned hours of practice, supervision
schedule, nature of work assignments, and other specifications that
the supervisor reasonably deems appropriate to the supervisee's level
of training.
(D) A person supervising a certified alcohol and other drug abuse
counselor or intern shall evaluate a supervisee at least annually,
emphasizing his or her strengths and shortcomings as well as areas in
which the supervisee should pursue additional knowledge or skill
development. These evaluations shall be signed by both the supervisor
and the supervisee and copies shall be retained by both for seven
years. The department may request copies of these evaluations.
(E) Clinical supervision conducted pursuant to this paragraph
shall include at least 50 hours of face-to-face supervision per year.
As necessary, clinical supervisors shall make themselves available
to each supervisee for face-to-face consultations or consultations
via telephone or other electronic means.
(F) A clinical supervisor shall be limited to no more than five
supervisees at a time, unless specifically authorized by the CPTO, to
supervise additional supervisees.
(g) Supervisors who are certified counselors but who do not hold
an LAODC license shall complete the supervision requirements of a
CPTO which shall include 40 hours of education in the subject matter
covered by the TAP 21 as specified in Section 11975.45. CPTOs shall
require alcohol and other drug supervisors to have at least three
years experience.
(h) Total work experience hours shall be gained in each of the
service areas that are within the scope of practice of a counselor
specified in Section 11975.75, approximately in ratios normally
engaged in by those currently working in the field.
(i) Work experience may be gained solely as part of the position
or positions in which the individual volunteers or is employed.
(j) All persons shall be registered with or be certified by the
department in order to be credited for the work experience necessary
for certification or licensure.
11975.65. Nothing in this part shall be construed to constrict,
limit, or withdraw the Medical Practice Act (Chapter 5 (commencing
with Section 2000)), the Nursing Practice Act (Chapter 6 (commencing
with Section 2700)), the Psychology Licensing Act (Chapter 6.6
(commencing with Section 2900)), the Marriage and Family Therapist
Act (Chapter 13 (commencing with Section 4980)), the Clinical Social
Worker Practice Act (Chapter 14 (commencing with Section 4991)) of
Division 2 of the Business and Professions Code, or Substance Abuse
Professionals as defined by the United States Department of
Transportation.
11975.70. This part shall not apply to any of the following,
provided that this exception shall not preclude the department from
considering any conduct in any setting in its determination of
fitness for registration, certification, or licensure or in any
disciplinary matter.
(a) A person who engages in the practice of alcohol and drug
counseling exclusively as an employee or volunteer of an agency of
the Armed Forces of the United States.
(b) A person who is an unpaid member of a peer or self-help group
who performs peer group or self-help activities if the person does
not use a title stating or implying that he or she is a licensed
alcohol and other drug counselor or any other designation listed in
Section 11975.85.
(c) A cleric or other religious leader who provides spiritual
advice and guidance to members of his or her congregation or order,
or to other persons, if it is free of charge.
(d) A director, officer, or staff member of a program described in
Section 8001 of the Penal Code.
(e) A person who is providing alcohol and other drug abuse
counseling services while practicing a profession licensed by the
State of California under the Medical Practice Act (Chapter 5
(commencing with Section 2000)), the Nursing Practice Act (Chapter 6
(commencing with Section 2700)), the Psychology Licensing Act
(Chapter 6.6 (commencing with Section 2900)), the Marriage and Family
Therapist Act (Chapter 13 (commencing with Section 4980)), the
Clinical Social Worker Practice Act (Chapter 14 (commencing with
Section 4991)) of Division 2 of the Business and Professions Code, or
Substance Abuse Professionals as defined by the United States
Department of Transportation.
11975.75. (a) An individual licensed, registered, or certified
under this part may engage in the practice of alcohol and other drug
abuse counseling. Alcohol and other drug abuse counseling is the
application of counseling approaches and methods derived from alcohol
and drug theory and research, for the purpose of treating alcohol
and other drug abuse problems, the practice of which conforms to the
practitioner's level of training, education, and experience.
(b) A counselor or registrant may perform the acts listed in this
section only for the purpose of treating alcohol and other drug
problems.
(c) For purposes of this part, "alcohol and other drug abuse
counseling" means performing any of the following services for the
purpose of treating alcohol and other drug abuse:
(1) Screening. The process by which a client is determined to be
eligible for admission to a particular alcohol and other drug abuse
treatment program.
(2) Initial intake. The administrative and initial assessment
procedures for admission to an alcohol and other drug abuse treatment
program. Assessment shall not include psychological testing intended
to measure or diagnose mental illness.
(3) Orientation. Describing to the client the general nature and
goals of the alcohol and other drug abuse treatment program,
including rules governing client conduct and infractions that can
lead to disciplinary action or discharge from the program.
(4) Alcohol and other drug abuse counseling, including individual,
group, and significant others. The utilization of special skills to
assist individuals, families, or groups in achieving objectives
through exploration of a problem and its ramifications, examination
of attitudes and feelings, considerations of alternative solutions,
and decision making as each relates to substance abuse. Counseling
shall be limited to assisting a client in learning more about himself
or herself for the purposes of understanding how to effectuate
clearly perceived, realistically defined goals related to abstinence.
Counseling is limited to assisting the client to learn or acquire
new skills that will enable the client to cope and adjust to life
situations without the use of substances.
(5) Case management. Activities that bring services, agencies,
resources, or individuals together within a planned framework of
action toward achievement of established goals. It may involve
liaison activities and collateral contacts.
(6) Crisis intervention. Those services that respond to an alcohol
or drug abuser's needs during acute emotional or physical distress,
including, but not limited to, referrals for assessment of the client'
s need for additional psychological or medical treatment for client
behaviors that signal risk or prolonged distress.
(7) Assessment. Those procedures by which a counselor or program
identifies and evaluates an individual's strengths,
weaknesses, problems, and needs for the
development of the alcohol and other drug abuse treatment plan.
(8) Treatment planning. The process by which the counselor and the
client identify and rank problems needing resolution, establish
agreed-upon immediate and long-term goals, and decide on a treatment
process and the resources to be utilized.
(9) Client education. Providing information to individuals and
groups concerning alcohol and other drugs of abuse and the services
and resources available.
(10) Referral. Identifying the needs of the client that cannot be
met by the counselor or agency, as well as assisting the client in
utilizing the support systems and community resources available.
(11) Reports and recordkeeping. Documenting the client's progress
in achieving the client's goals.
(12) Consultation with other professionals with regard to client
treatment or services. Communicating with other professionals to
ensure comprehensive, quality care for the client.
(d) A licensee, certified counselor, or registrant may perform the
acts listed in this section only for the purpose of treating alcohol
and other drug abuse and only within a program that is certified or
a facility that is licensed by the department, or within an
independent counseling practice if performed in accordance with
applicable provisions of this part.
(e) The department shall not require the hiring or contractual
retention of one or more LAODCs as a condition of licensing a
facility or certifying a program. A state or local governmental
agency shall not require a licensed facility or certified program to
hire or contractually retain one or more LAODCs as a condition of
allocating funds to or making contracts with licensed facilities or
certified programs.
11975.77. A licensee who operates an independent counseling
practice shall refer any client assessed as needing additional
services not within the scope of practice as specified in Section
11975.75 to another licensed professional, as appropriate.
11975.80. The department shall issue a license, registration, or
certification to each applicant meeting the requirements of this
part, that license or certification permits the holder to engage in
alcohol and other drug counseling as defined in Section 11975.75,
entitles the holder to use the title of licensed, registered, or
certified alcohol and other drug counselor, as applicable, and
authorizes the holder to hold himself or herself out as qualified to
perform the functions delineated by this part, subject to any
limitations relating to the level of the license, registration, or
certification or other conditions that may be imposed by the
department. The form and content of the license, registration, or
certification shall be determined by the department.
11975.85. A person who has received a certificate, registration,
or license under this part may use the title "Certified Alcohol and
Other Drug Counselor" or "CAODC," "Registered Alcohol and Other Drug
Counselor" or "RAODC," or "Licensed Alcohol and Other Drug Counselor"
or "LAODC," in accordance with the type of certificate,
registration, or license possessed. Every person who styles himself
or herself or who holds himself or herself out to be a Certified
Alcohol and Other Drug Counselor, Registered Alcohol and Other Drug
Counselor, or Licensed Alcohol and Other Drug Counselor without
holding a license or certification in good standing under this part,
is guilty of a misdemeanor.
11975.90. (a) It is unlawful for a person to engage in the
practice of alcohol and other drug counseling unless at the time of
so doing the person holds a valid, unexpired, and unrevoked
certificate, registration, or license under this part, excluding such
practice by a person who is exempt pursuant to Section 11975.70 or
by a person who is eligible to become certified or licensed pursuant
to the provisions of Sections 11975.35 or 11975.40.
(b) It is unlawful to engage in the unsupervised practice of
alcohol and other drug abuse counseling by a person who is registered
or certified under this part outside of a facility exempted by this
part, or that is licensed or certified by the department or that is
an independent counseling practice, unless at the time of doing so, a
person holds a valid, unexpired, and unrevoked license issued by the
department under this part.
(c) Nothing in this part shall be construed to mean that
counselors and staff working in a facility licensed or certified by
the State Department of Alcohol and Drug Programs are required to
obtain a license.
(d) This section shall become operative on January 1, 2013.
11975.95. The department may deny, revoke, suspend, or impose
conditions upon a license, certification, or registration, for
unprofessional conduct. Unprofessional conduct, includes, but is not
limited to, any of the following:
(a) The conviction of a crime that permits denial of a license,
certification, or registration pursuant to Section 11976.45 or which
the department finds is substantially related to the practice of
alcohol and other drug counseling.
(b) Securing a license, certification, or registration by fraud,
deceit, or misrepresentation on any application submitted to the
department, whether engaged in by an applicant for a license,
certification, or registration, or in support of any application by
another.
(c) Unlawfully administering to himself or herself any controlled
substance as defined in Section 4021 of the Business and Professions
Code, or using any of the dangerous drugs or devices specified in
Section 4022 of the Business and Professions Code or using any
alcoholic beverage to the extent, or in a manner, as to be dangerous
or injurious to the person applying for a license, certification, or
registration, or holding a license, certification, or registration
under this part, or to any other person, or to the public, or, to the
extent that the use impairs the ability of the person applying for
or holding a license, certification, or registration, to conduct with
safety to the public the counseling authorized by this part. The
department may deny an application for a license, certification, or
registration, or may revoke the license, certification, or
registration of any person who unlawfully uses or offers to use a
controlled substance as defined in Section 4021 of the Business and
Professions Code, a dangerous drug or device specified in Section
4022 of the Business and Professions Code, or alcohol in the course
of performing alcohol and other drug counseling. This provision does
not apply to any person also licensed as a physician and surgeon
under Chapter 5 (commencing with Section 2000) of the Business and
Professions Code or the Osteopathic Act who lawfully prescribes drugs
to a patient under his or her care.
(d) Gross negligence or incompetence in the performance of alcohol
and other drug counseling.
(e) Violating, attempting to violate, or conspiring to violate
this part or any regulation adopted by the department.
(f) Misrepresentation as to the type or status of a license,
certification, or registration held by the person, or otherwise
misrepresenting or permitting misrepresentation of his or her
education, professional qualifications, or professional affiliations
to any person or entity.
(g) Impersonation of another by any counselor or registrant, or
applicant for a license, certification, or registration, or, in the
case of a counselor, allowing any other person to use his or her
license, certification, or registration.
(h) Aiding or abetting any unlicensed, uncertified, or
unregistered person to engage in conduct for which a license,
certification, or registration is required under this part.
(i) Intentionally or recklessly causing physical or emotional harm
to any client or verbally, physically, or sexually harassing,
threatening, or abusing any participant, patient, resident, their
family members, other persons who are significant to them, or other
staff members.
(j) The commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a counselor or registrant.
(k) Engaging in sexual relations with a client or with a former
client within two years from the termination date of therapy with the
client, soliciting sexual relations with a client, or committing an
act of sexual abuse, or sexual misconduct with a client, or
committing an act punishable as a sexually related crime, if that act
or solicitation is substantially related to the qualifications,
functions, or duties of an alcohol and other drug counselor.
(l) Engaging in a social or business relationship with clients,
program participants, patients, or residents, or other persons
significant to them while they are in treatment and exploiting former
clients, program participants, patients, or residents.
(m) Performing, or holding oneself out as being able to perform,
or offering to perform, or permitting any licensee under supervision
to perform any professional services beyond the scope of the license
authorized by this part.
(n) Failure to maintain confidentiality, except as otherwise
required or permitted by law, including, but not limited to, Part 2
(commencing with Section 2.1) of Subchapter A of Chapter 1 of Title
42 of the Code of Federal Regulations.
(o) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services, or the basis upon which that fee will be
computed.
(p) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients. All consideration, compensation,
or remuneration shall be in relation to professional counseling
services actually provided by the licensee. Nothing in this
subdivision shall prevent collaboration among two or more licensees
in a case or cases. However, no fee shall be charged for that
collaboration, except when disclosure of the fee has been made in
compliance with subdivision (o).
(q) Advertising or using a name in a manner that is false,
misleading, or deceptive.
(r) Conduct in the clinical supervision of any individual
licensed, certified, or registered counselor that violates this part
or rules or regulations adopted by the department.
(s) Failure to keep records consistent with sound professional
judgment, the standards of the profession, and the nature of the
services being rendered.
(t) Failure to comply with the child abuse reporting requirements
of Section 11166 of the Penal Code.
(u) Failure to comply with the elder and dependent adult abuse
reporting requirements of Section 15630 of the Welfare and
Institutions Code.
(v) Willful denial of access to client records as otherwise
provided by law.
(w) A registrant or certified counselor shall not receive any
remuneration from patients or clients, and shall be paid only by his
or her employer.
11976.10. The department shall revoke a license, certification,
or registration issued under this part upon a decision made in
accordance with the procedures set forth in the adjudication
provisions of the Administrative Procedure Act (Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code) that contains any finding of fact that the counselor
or registrant engaged in any act of sexual contact, as defined in
Section 729 of the Business and Professions Code, when that act is
with a client, or with a former client when the relationship was
terminated primarily for the purpose of engaging in that act. The
revocation shall not be stayed by the administrative law judge or the
department.
11976.15. The department may deny an application, or may suspend
or revoke a license, certification, or registration issued under this
part, for denial of licensure, revocation, suspension, restriction,
or other disciplinary action imposed by another state or territory of
the United States, or by any other governmental agency, on a
license, certificate, or registration to practice alcohol and other
drug counseling or other healing art. A certified copy of the
disciplinary action decision or judgment shall be conclusive evidence
of that action.
11976.20. The director may temporarily suspend a license,
certification, or registration prior to a hearing when, in the
opinion of the director, the action is necessary to protect a client
from physical or mental abuse, abandonment, or other substantial
threat to health or safety. The director shall give notice of the
temporary suspension and the effective date of the temporary
suspension and, at the same time, shall serve an accusation. Upon
receipt of a notice of defense to the accusation, the director shall,
within 15 days, set the matter for hearing, and the hearing shall be
held as soon as possible. The temporary suspension shall remain in
effect until the time the hearing is completed and the director has
made a final determination on the need for the temporary suspension
to remain in place pending resolution of the accusation. However, the
temporary suspension shall be deemed vacated if the director fails
to make a final determination on the merits within 30 days after the
hearing, if the director hears the matter personally or within 30
days after the department receives the proposed decision from the
Office of Administrative Hearings, or if the matter is heard by a
hearing officer.
11976.25. (a) A person who has applied for or received a license,
certification, or registration from the department under this part
has the right to appeal an adverse decision of the department with
regard to his or her application, license, certificate, or
registration.
(b) Unless the department specifies additional or different due
process provisions by regulation, an appeal shall be determined in
accordance with the adjudication provisions of the Administrative
Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code).
11976.30. An applicant who fails an examination administered by
the CPTO may retake that examination in accordance with procedures
established by the CPTO.
11976.35. (a) An applicant for a license, certification, or
registration under this part shall consent to a state and federal
level criminal offender record information search as part of a
criminal history background check. Refusal to consent to the criminal
history background check, as delineated in this section, shall
result in denial of the license, certification, or registration.
(b) A CPTO shall require a person applying for registration to
submit a live fingerprint scan that does not require direct
submission of fingerprints to the Department of Justice. A CPTO shall
report the accompanying results of a person's fingerprint scan to
the department at the time a CPTO submits a recommendation for
certification to the department.
11976.40. (a) The department shall submit to the Department of
Justice fingerprint images and related information required by the
Department of Justice for all alcohol and other drug counselor
licensure or certification applicants to obtain information on the
existence and content of a record of state or federal convictions,
state or federal arrests, and the existence and content of a record
of state or federal arrests for which the Department of Justice
establishes that the person is free on bail or on his or her own
recognizance pending trial or appeal.
(b) When received, the Department of Justice shall forward the
relevant information to the Federal Bureau of Investigation and
request a federal criminal history summary. The Department of Justice
shall review the information returned from the Federal Bureau of
Investigation and compile and disseminate a response to the
department.
(c) The Department of Justice shall provide a response to the
department pursuant to paragraph (1) of subdivision (p) of Section
11105 of the Penal Code.
(d) The department shall request from the Department of Justice
subsequent arrest notification service, as provided pursuant to
Section 11105.2 of the Penal Code, for all license and certification
applicants.
(e) The Department of Justice shall charge fees sufficient to
cover the cost of processing the request described in this section.
The applicant shall be responsible for payment of these fees.
(f) The applicant shall pay the fee for fingerprint image rolling
and electronic submission charged by the live scan device operator.
(g) Before issuing a certification or license, the department
shall ensure that the state and federal level criminal history of the
applicant is reviewed.
11976.45. (a) The department shall deny or revoke any person's
license or certification if, at the time of the department's
determination, the person meets one or more of the following
criteria:
(1) Subject to subdivision (b), he or she has been convicted of
three or more serious felonies listed in subdivision (c) of Section
1192.7 of the Penal Code. Each conviction must have arisen from a
different incident and all of the incidents resulting in conviction
must have occurred within a single five-year period. The most recent
conviction must have occurred less than five years prior to the date
of the department's determination.
(2) The person is required to register as a sex offender pursuant
to Section 290 of the Penal Code.
(3) Subject to subdivision (b), the person has been convicted of a
violent felony, as defined in Section 667.5 of the Penal Code,
within nine years of the date of the department's determination.
(b) After the expiration of three years from the date of
conviction, if a person described in paragraph (1) or (3) of
subdivision (a) is on parole, he or she may be certified or licensed,
upon receipt by the department of written approval of his or her
parole officer or the Board of Parole Hearings, as the Board of
Parole Hearings may provide. The Board of Parole Hearings may
withdraw approval with written notice to the counselor and to the
department. The counselor's certification or licensure shall be
revoked by the department upon receipt of the notice of withdrawal of
approval and the counselor shall have no further recourse against
the department. The Board of Parole Hearings shall set the procedure
for review of the withdrawal of approval. If approval is reinstated,
the department shall reinstate the counselor if he or she is
otherwise eligible for reinstatement under this part and complies
with all applicable requirements.
(c) The department shall, following consultation with the advisory
committee, adopt regulations allowing an individual who has a
certificate or license suspended or revoked pursuant to this section
to appeal the decision to the Director of Alcohol and Drug Programs.
The regulations shall clearly state the responsibility of the
appellant and the requirements of the director to render a decision
in a timely fashion.
(d) The department shall prohibit an independent practice,
licensed facility, or certified program that serves minor children,
or a facility that allows minor children of clients to reside in the
facility, from employing, allowing in a licensed facility, or
allowing contact with clients of a licensed facility by, an employee,
prospective employee, or person who is not a client who meets any of
the following criteria:
(1) The person has engaged in conduct that the department
determines is inimical to the health, morals, welfare, or safety of
an individual in, or receiving services from, the facility, or to the
people of the State of California.
(2) The person has been denied an exemption to work or to be
present in a facility, when that person has been convicted of a crime
to which Section 1522 applies.
(3) The person has engaged in other conduct that would constitute
a basis for disciplining a licensee.
(4) The person is permitted to receive a certification or license
under provisions of subdivision (b).
(e) The department may establish by regulation additional criteria
to implement subdivision (d), that may include, standards,
exemptions, and terms of rehabilitation, and may include rebuttable
presumptions with regard to any of those standards, exemptions, and
terms of rehabilitation.
(f) This section shall become operative on January 1, 2012.
11976.50. (a) Licenses or certifications issued under this part
shall expire two years after the issue date.
(b) To renew an unexpired license or certification, the counselor
shall, on or before the expiration date of the license or
certification, complete all of the following actions:
(1) Apply for a renewal on a form prescribed by the department.
(2) Pay a renewal fee, to be determined by the department.
(3) Complete a minimum of 30 hours per year of continuing
education, including at least three hours each year relating to
ethics and the code of conduct. A minimum of 20 of these hours shall
be provided by an approved provider with a CEU provider number. Up to
10 of these hours may include in-service education, presentation of
related training, or self-improvement development that focuses on
personal and professional growth.
(4) Notify the department of either of the following:
(A) If he or she has been convicted of a misdemeanor or felony
that permits denial of a license, certification, or registration,
pursuant to Section 11976.45, or which the department finds is
substantially related to the practice of alcohol and other drug
counseling.
(B) If any disciplinary action has been taken by a regulatory or
licensing board, in this or any other state, subsequent to the
licensee's last renewal.
(c) To renew an expired license or certification within three
years of its expiration, the counselor shall, as a condition
precedent to renewal, do all of the following:
(1) Apply for renewal on a form prescribed by the department.
(2) Pay the renewal fees that would have been paid if the license
had not been delinquent.
(3) Pay all delinquency fees.
(4) Complete the applicable continuing education requirements.
(5) Notify the department if he or she has been subject to
disciplinary action since the last renewal.
(d) The department shall establish regulations allowing for the
reinstatement of a license or certification that is not renewed
within three years after its expiration.
11976.55. A counselor shall display his or her license or
certification in a conspicuous place in the counselor's primary place
of business. The current renewal receipt shall be displayed near the
license.
11976.60. An LAODC who conducts a private practice under a
fictitious business name shall not use a name that is false,
misleading, or deceptive, and shall inform the client, prior to the
commencement of treatment, of the name and license designation of the
owner or owners of the practice.
11976.70. An LAODC shall be required to renew a license or
certification that has been suspended. Renewal does not, while the
license or certificate remains suspended, change the terms of
the suspension and the counselor
shall wait until the license or certificate is reinstated pursuant
to this part before resuming the activities for which the license or
certificate are required.
11976.80. (a) An LAODC may apply to the department to place his
or her license or certification on inactive status. A person who
holds an inactive license or certification shall pay a biennial fee
of one-half of the active renewal fee and shall be exempt from
continuing education requirements specified in paragraph (3) of
subdivision (b) of Section 11976.50, but shall otherwise be subject
to this part and shall not engage in the practice of alcohol and
other drug counseling in this state.
(b) A counselor on inactive status who has not committed any acts
or crimes constituting grounds for denial of licensure or
certification may, upon request, have his or her license or
certification placed on active status. A person requesting his or her
license or certification to be placed on active status at any time
during a renewal cycle shall pay a pro rata portion of the renewal
fees.
(c) A person requesting to move from inactive to active status
whose license or certification will expire less than one year from
the date of the request shall be required to complete 20 hours of
continuing education for license or certificate renewal. A person
requesting to move from inactive to active status whose license or
certification will expire more than one year from the date of the
request shall be required to complete 40 hours of continuing
education for license or certificate renewal.
11976.85. A person licensed or certified under this part shall
comply with both of the following:
(a) Provide written notice to the CPTO and department within 30
days of any change of his or her residential or work address.
(b) Provide written notice to the department within 30 days of a
name change giving both the old and the new names along with a copy
of the legal document authorizing the name change, including, but not
limited to, a court order or marriage license.
11976.90. (a) Except as otherwise provided in this part, an
accusation filed pursuant to Section 11503 of the Government Code
against a person licensed, certified, or registered pursuant to this
part shall be filed within three years from the date the department
discovers the alleged act or omission that is the basis for
disciplinary action or within seven years from the date the alleged
act or omission that is the basis for disciplinary action occurred,
whichever occurs first.
(b) An accusation filed against a person licensed, certified, or
registered pursuant to this part alleging the procurement of a
license, certification, or registration by fraud or misrepresentation
is not subject to the limitations set forth in subdivision (a).
(c) An accusation alleging sexual misconduct shall be filed within
three years after the department discovers the act or omission
alleged as the grounds for disciplinary action or within 10 years
after the act or omission alleged as the grounds for disciplinary
action occurred, whichever occurs first.
(d) If an alleged act or omission involves a minor, the seven-year
limitation period provided for by subdivision (a) and the 10-year
limitation period provided for by subdivision (c) shall be tolled
until the minor reaches the age of majority.
(e) The limitation period provided by subdivision (a) shall be
tolled during any period if material evidence necessary for
prosecuting or determining whether a disciplinary action would be
appropriate is unavailable to the department due to an ongoing
criminal investigation.
(f) For purposes of this section, "discovers" means the latest of
the occurrence of any of the following with respect to each act or
omission alleged as the basis for disciplinary action:
(1) The date the department received a complaint or report
describing the act or omission.
(2) The date, subsequent to the original complaint or report, on
which the department became aware of additional acts or omissions
alleged as the basis for disciplinary action relating to the original
complaint or report against the individual.
(3) The date the department receives from the complainant a
written release of information pertaining to the complainant's
diagnosis and treatment.
11976.95. (a) Nothing in this part shall apply to an alcohol and
other drug counselor who is in this state for either of the following
reasons:
(1) The person is in actual consultation with a practitioner
licensed in this state.
(2) The person is an invited guest of a professional association
or an educational institution, is in the state for the sole purpose
of engaging in professional education through lectures, clinics, or
demonstrations, and is, at the time of the consultation, lecture, or
demonstration, licensed to practice alcohol and other drug counseling
in the state or country in which he or she resides.
(b) Alcohol and other drug counselors in the state pursuant to
subdivision (a) shall not open an office or appoint a place to meet
clients or receive calls from clients within this state.
11976.97. (a) Education and work experience gained outside of
California may be accepted toward the licensure or certification
requirements if it is substantially the equivalent of the
requirements of this part.
(b) The department shall issue a license or certification to a
person who, at the time of application, meets all of the following
requirements:
(1) Has held a valid active alcohol and other drug counseling
license or certification issued by a board of alcohol and other drug
counseling examiners or corresponding authority of another state.
(2) Passes a current applicable examination.
(3) Pays the required fees.
(4) Passes the required background check.
(5) Is not subject to denial of licensure or certification under
this part.
CHAPTER 6. FISCAL PROVISIONS
11977.10. The Alcohol and Other Drug Counselors License Fund is
hereby established in the State Treasury. All fees and fines
collected by the department in accordance with this part shall be
deposited in this fund. The money in the fund shall be available to
the department, upon appropriation by the Legislature, for the
purpose of supporting the counselor licensing activities of the
department.
11977.15. (a) The department shall assess the following fees
relating to the licensure, certification, or registration of alcohol
and other drug counselors:
(1) The fee for issuance of an initial registration shall be no
more than five dollars ($5).
(2) The fee for renewal of a registration shall be no more than
five dollars ($5).
(3) The fee for issuance of an initial certification shall be no
more than fifteen dollars ($15).
(4) The fee for renewal of a certification shall be no more than
fifteen dollars ($15).
(5) The fee for issuance of an initial license shall be no more
than one hundred twenty-five dollars ($125).
(6) The fee for a license renewal shall be no more than
twenty-five dollars ($25).
(7) The fee for an inactive license or certification renewal shall
be no more than twenty-five dollars ($25).
(8) The renewal delinquency fee shall be no more than twenty-five
dollars ($25). A person who permits his or her license or
certification to expire is subject to the delinquency fee.
(9) The fee for issuance of a replacement registration, license,
or certificate shall be no more than twenty dollars ($20).
(10) The fee for issuance of a certificate or letter of good
standing shall be no more than twenty-five dollars ($25).
(11) The fee for department review of the criminal records
information shall be no more than thirty dollars ($30).
(12) The fee for the state level criminal offender record
information search shall be set by the Department of Justice and the
fee for the federal level criminal offender record information search
shall be set by the Federal Bureau of Investigation.
(b) The department shall assess each CPTO quarterly for the
requests for registration and certification presented during the
previous quarter. A CPTO shall provide payment for registrants and
certified counselors within 90 days of receipt of an assessment.
(c) The department shall assess each CPTO five thousand dollars
($5,000) every two years for the purposes of reviewing CPTOs and
enforcing regulations related to CPTO compliance.
(d) The department shall assess each CPTO a one-time
twenty-five-dollar ($25) fee for each individual who either received
a license pursuant to Section 11975.40 or received a certificate
pursuant to Section 11975.35 and who registers with, is certified by,
or applies for licensure through, the CPTO between January 1, 2012,
and December 31, 2012, inclusive, for the purposes of implementing
this act.
(e) This section shall not establish or limit the fees charged for
education, examinations, or application preparation or submission.
SEC. 2. Section 11165.7 of the Penal
Code is amended to read:
11165.7. (a) As used in this article, "mandated reporter" is
defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by any public
or private school.
(4) A classified employee of any public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of any public
or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.
(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
(9) Any employee of a county office of education or the State
Department of Education, whose duties bring the employee into contact
with children on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a
licensing agency as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security
department.
(17) Any person who is an administrator or presenter of, or a
counselor in, a child abuse prevention program in any public or
private school.
(18) A district attorney investigator, inspector, or local child
support agency caseworker unless the investigator, inspector, or
caseworker is working with an attorney appointed pursuant to Section
317 of the Welfare and Institutions Code to represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician, surgeon, psychiatrist, psychologist, dentist,
resident, intern, podiatrist, chiropractor, licensed nurse, dental
hygienist, optometrist, marriage, family and child counselor,
clinical social worker, or any other person who is currently licensed
under Division 2 (commencing with Section 500) of the Business and
Professions Code.
(22) Any emergency medical technician I or II, paramedic, or other
person certified pursuant to Division 2.5 (commencing with Section
1797) of the Health and Safety Code.
(23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
(24) A marriage, family, and child therapist trainee, as defined
in subdivision (c) of Section 4980.03 of the Business and Professions
Code.
(25) An unlicensed marriage, family, and child therapist intern
registered under Section 4980.44 of the Business and Professions
Code.
(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner, or any other person who performs
autopsies.
(29) A commercial film and photographic print processor, as
specified in subdivision (e) of Section 11166. As used in this
article, "commercial film and photographic print processor" means any
person who develops exposed photographic film into negatives,
slides, or prints, or who makes prints from negatives or slides, for
compensation. The term includes any employee of such a person; it
does not include a person who develops film or makes prints for a
public agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means any person who, for financial compensation,
acts as monitor of a visit between a child and any other person when
the monitoring of that visit has been ordered by a court of law.
(31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
(A) "Animal control officer" means any person employed by a city,
county, or city and county for the purpose of enforcing animal
control laws or regulations.
(B) "Humane society officer" means any person appointed or
employed by a public or private entity as a humane officer who is
qualified pursuant to Section 14502 or 14503 of the Corporations
Code.
(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in
this section and subdivision (d) of Section 11166.
(34) Any employee of any police department, county sheriff's
department, county probation department, or county welfare
department.
(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 1424 of the California Rules of
Court.
(36) A custodial officer as defined in Section 831.5.
(37) Any person providing services to a minor child under Section
12300 or 12300.1 of the Welfare and Institutions Code.
(38) An alcohol and other drug counselor. As
used in this article, an "alcohol and drug counselor" is a person
providing counseling, therapy, counselor or
other clinical services for a state licensed or certified
drug, alcohol, or drug supervisor licensed, certified,
or registered under Part 4 (commencing with Section 11975.10) of
Division 10.5 of the Health and alcohol treatment
program Safety Code . However, alcohol or drug
abuse, or both alcohol and drug abuse, is not in and of itself a
sufficient basis for reporting child abuse or neglect.
(b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and supervision of children are not mandated
reporters but are encouraged to obtain training in the identification
and reporting of child abuse and neglect and are further encouraged
to report known or suspected instances of child abuse or neglect to
an agency specified in Section 11165.9.
(c) Employers are strongly encouraged to provide their employees
who are mandated reporters with training in the duties imposed by
this article. This training shall include training in child abuse and
neglect identification and training in child abuse and neglect
reporting. Whether or not employers provide their employees with
training in child abuse and neglect identification and reporting, the
employers shall provide their employees who are mandated reporters
with the statement required pursuant to subdivision (a) of Section
11166.5.
(d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
(f) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.
SEC. 3. Section 15630 of the Welfare
and Institutions Code is amended to read:
15630. (a) Any person who has assumed full or intermittent
responsibility for the care or custody of an elder or dependent
adult, whether or not he or she receives compensation, including
administrators, supervisors, and any licensed staff of a public or
private facility that provides care or services for elder or
dependent adults, or any elder or dependent adult care custodian,
health practitioner, clergy member, or employee of a county adult
protective services agency or a local law enforcement agency, is a
mandated reporter. An alcohol and other drug counselor or
supervisor licensed, certified, or registered pursuant to Part 4
(commencing with Section 11975.10) of Division 10.5 of the Health and
Safety Code is also a mandated reporter.
(b) (1) Any mandated reporter who, in his or her professional
capacity, or within the scope of his or her employment, has observed
or has knowledge of an incident that reasonably appears to be
physical abuse, as defined in Section 15610.63 of the
Welfare and Institutions Code , abandonment, abduction,
isolation, financial abuse, or neglect, or is told by an elder or
dependent adult that he or she has experienced behavior, including an
act or omission, constituting physical abuse, as defined in Section
15610.63 of the Welfare and Institutions Code ,
abandonment, abduction, isolation, financial abuse, or neglect, or
reasonably suspects that abuse, shall report the known or suspected
instance of abuse by telephone immediately or as soon as practicably
possible, and by written report sent within two working days, as
follows:
(A) If the abuse has occurred in a long-term care facility, except
a state mental health hospital or a state developmental center, the
report shall be made to the local ombudsperson or the local law
enforcement agency.
The local ombudsperson and the local law enforcement agency shall,
as soon as practicable, except in the case of an emergency or
pursuant to a report required to be made pursuant to clause (v), in
which case these actions shall be taken immediately, do all of the
following:
(i) Report to the State Department of Public Health any case of
known or suspected abuse occurring in a long-term health care
facility, as defined in subdivision (a) of Section 1418 of the Health
and Safety Code.
(ii) Report to the State Department of Social Services any case of
known or suspected abuse occurring in a residential care facility
for the elderly, as defined in Section 1569.2 of the Health and
Safety Code, or in an adult day care facility, as defined in
paragraph (2) of subdivision (a) of Section 1502.
(iii) Report to the State Department of Public Health and the
California Department of Aging any case of known or suspected abuse
occurring in an adult day health care center, as defined in
subdivision (b) of Section 1570.7 of the Health and Safety Code.
(iv) Report to the Bureau of Medi-Cal Fraud and Elder Abuse any
case of known or suspected criminal activity.
(v) Report all cases of known or suspected physical abuse and
financial abuse to the local district attorney's office in the county
where the abuse occurred.
(B) If the suspected or alleged abuse occurred in a state mental
hospital or a state developmental center, the report shall be made to
designated investigators of the State Department of Mental Health or
the State Department of Developmental Services, or to the local law
enforcement agency.
Except in an emergency, the local law enforcement agency shall, as
soon as practicable, report any case of known or suspected criminal
activity to the Bureau of Medi-Cal Fraud and Elder Abuse.
(C) If the abuse has occurred any place other than one described
in subparagraph (A), the report shall be made to the adult protective
services agency or the local law enforcement agency.
(2) (A) A mandated reporter who is a clergy member who acquires
knowledge or reasonable suspicion of elder or dependent adult abuse
during a penitential communication is not subject to paragraph (1).
For purposes of this subdivision, "penitential communication" means a
communication that is intended to be in confidence, including, but
not limited to, a sacramental confession made to a clergy member who,
in the course of the discipline or practice of his or her church,
denomination, or organization is authorized or accustomed to hear
those communications and under the discipline tenets, customs, or
practices of his or her church, denomination, or organization, has a
duty to keep those communications secret.
(B) Nothing in this subdivision shall be construed to modify or
limit a clergy member's duty to report known or suspected elder and
dependent adult abuse when he or she is acting in the capacity of a
care custodian, health practitioner, or employee of an adult
protective services agency.
(C) Notwithstanding any other provision in this section, a clergy
member who is not regularly employed on either a full-time or
part-time basis in a long-term care facility or does not have care or
custody of an elder or dependent adult shall not be responsible for
reporting abuse or neglect that is not reasonably observable or
discernible to a reasonably prudent person having no specialized
training or experience in elder or dependent care.
(3) (A) A mandated reporter who is a physician and surgeon, a
registered nurse, or a psychotherapist, as defined in Section 1010 of
the Evidence Code, shall not be required to report, pursuant to
paragraph (1), an incident where all of the following conditions
exist:
(i) The mandated reporter has been told by an elder or dependent
adult that he or she has experienced behavior constituting physical
abuse, as defined in Section 15610.63 of the Welfare and
Institutions Code , abandonment, abduction, isolation,
financial abuse, or neglect.
(ii) The mandated reporter is not aware of any independent
evidence that corroborates the statement that the abuse has occurred.
(iii) The elder or dependent adult has been diagnosed with a
mental illness or dementia, or is the subject of a court-ordered
conservatorship because of a mental illness or dementia.
(iv) In the exercise of clinical judgment, the physician and
surgeon, the registered nurse, or the psychotherapist, as defined in
Section 1010 of the Evidence Code, reasonably believes that the abuse
did not occur.
(B) This paragraph shall not be construed to impose upon mandated
reporters a duty to investigate a known or suspected incident of
abuse and shall not be construed to lessen or restrict any existing
duty of mandated reporters.
(4) (A) In a long-term care facility, a mandated reporter shall
not be required to report as a suspected incident of abuse, as
defined in Section 15610.07, an incident where all of the following
conditions exist:
(i) The mandated reporter is aware that there is a proper plan of
care.
(ii) The mandated reporter is aware that the plan of care was
properly provided or executed.
(iii) A physical, mental, or medical injury occurred as a result
of care provided pursuant to clause (i) or (ii).
(iv) The mandated reporter reasonably believes that the injury was
not the result of abuse.
(B) This paragraph shall not be construed to require a mandated
reporter to seek, nor to preclude a mandated reporter from seeking,
information regarding a known or suspected incident of abuse prior to
reporting. This paragraph shall apply only to those categories of
mandated reporters that the State Department of Public Health
determines, upon approval by the Bureau of Medi-Cal Fraud and Elder
Abuse and the state long-term care ombudsperson, have access to plans
of care and have the training and experience necessary to determine
whether the conditions specified in this section have been met.
(c) (1) Any mandated reporter who has knowledge, or reasonably
suspects, that types of elder or dependent adult abuse for which
reports are not mandated have been inflicted upon an elder or
dependent adult, or that his or her emotional well-being is
endangered in any other way, may report the known or suspected
instance of abuse.
(2) If the suspected or alleged abuse occurred in a long-term care
facility other than a state mental health hospital or a state
developmental center, the report may be made to the long-term care
ombudsperson program. Except in an emergency, the local ombudsperson
shall report any case of known or suspected abuse to the State
Department of Public Health and any case of known or suspected
criminal activity to the Bureau of Medi-Cal Fraud and Elder
Abuse, as soon as is practicable.
(3) If the suspected or alleged abuse occurred in a state mental
health hospital or a state developmental center, the report may be
made to the designated investigator of the State Department of Mental
Health or the State Department of Developmental Services or to a
local law enforcement agency or to the local ombudsperson. Except in
an emergency, the local ombudsperson and the local law enforcement
agency shall report any case of known or suspected criminal activity
to the Bureau of Medi-Cal Fraud and Elder Abuse, as soon as is
practicable.
(4) If the suspected or alleged abuse occurred in a place other
than a place described in paragraph (2) or (3), the report may be
made to the county adult protective services agency.
(5) If the conduct involves criminal activity not covered in
subdivision (b), it may be immediately reported to the appropriate
law enforcement agency.
(d) When two or more mandated reporters are present and jointly
have knowledge or reasonably suspect that types of abuse of an elder
or a dependent adult for which a report is or is not mandated have
occurred, and when there is agreement among them, the telephone
report may be made by a member of the team selected by mutual
agreement, and a single report may be made and signed by the selected
member of the reporting team. Any member who has knowledge that the
member designated to report has failed to do so shall thereafter make
the report.
(e) A telephone report of a known or suspected instance of elder
or dependent adult abuse shall include, if known, the name of the
person making the report, the name and age of the elder or dependent
adult, the present location of the elder or dependent adult, the
names and addresses of family members or any other adult responsible
for the elder's or dependent adult's care, the nature and extent of
the elder's or dependent adult's condition, the date of the incident,
and any other information, including information that led that
person to suspect elder or dependent adult abuse, as requested by the
agency receiving the report.
(f) The reporting duties under this section are individual, and no
supervisor or administrator shall impede or inhibit the reporting
duties, and no person making the report shall be subject to any
sanction for making the report. However, internal procedures to
facilitate reporting, ensure confidentiality, and apprise supervisors
and administrators of reports may be established, provided they are
not inconsistent with this chapter.
(g) (1) Whenever this section requires a county adult protective
services agency to report to a law enforcement agency, the law
enforcement agency shall, immediately upon request, provide a copy of
its investigative report concerning the reported matter to that
county adult protective services agency.
(2) Whenever this section requires a law enforcement agency to
report to a county adult protective services agency, the county adult
protective services agency shall, immediately upon request, provide
to that law enforcement agency a copy of its investigative report
concerning the reported matter.
(3) The requirement to disclose investigative reports pursuant to
this subdivision shall not include the disclosure of social services
records or case files that are confidential, nor shall this
subdivision be construed to allow disclosure of any reports or
records if the disclosure would be prohibited by any other provision
of state or federal law.
(h) Failure to report, or impeding or inhibiting a report of,
physical abuse, as defined in Section 15610.63 of the
Welfare and Institutions Code , abandonment, abduction,
isolation, financial abuse, or neglect of an elder or dependent
adult, in violation of this section, is a misdemeanor, punishable by
not more than six months in the county jail, by a fine of not more
than one thousand dollars ($1,000), or by both that fine and
imprisonment. Any mandated reporter who willfully fails to report, or
impedes or inhibits a report of, physical abuse, as defined in
Section 15610.63 of the Welfare and Institutions Code
, abandonment, abduction, isolation, financial abuse, or
neglect of an elder or dependent adult, in violation of this section,
where that abuse results in death or great bodily injury, shall be
punished by not more than one year in a county jail, by a fine of not
more than five thousand dollars ($5,000), or by both that fine and
imprisonment. If a mandated reporter intentionally conceals his or
her failure to report an incident known by the mandated reporter to
be abuse or severe neglect under this section, the failure to report
is a continuing offense until a law enforcement agency specified in
paragraph (1) of subdivision (b) of Section 15630 of the
Welfare and Institutions Code discovers the offense.
(i) For purposes of this section, "dependent adult" shall have the
same meaning as in Section 15610.23.
SEC. 4. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 21086 of the Public
Resources Code is amended to read:
21086. (a) A public agency may, at any time, request the addition
or deletion of a class of projects, to the list designated pursuant
to Section 21084. That request shall be made in writing to the Office
of Planning and Research and shall include information supporting
the public agency's position that the class of projects does, or does
not, have a significant effect on the environment.
(b) The Office of Planning and Research shall review each request
and, as soon as possible, shall submit its recommendation to the
Secretary of the Natural Resources Agency pursuant to Sections 21083
and 21084. Following the receipt of that recommendation, the
Secretary of the Natural Resources Agency may add or delete the class
of projects to the list of classes of projects designated pursuant
to Section 21084 that are exempt from the requirements of this
division.
(c) The addition or deletion of a class of projects, as provided
in this section, to the list specified in Section 21084 shall
constitute an amendment to the guidelines adopted pursuant to Section
21083 and shall be adopted in the manner prescribed in Sections
21083 and 21084.
