BILL NUMBER: AB 1367 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 16, 2007
INTRODUCED BY Assembly Member DeSaulnier
(Coauthors: Assembly Members Brownley, Parra, Portantino, and
Solorio)
FEBRUARY 23, 2007
An act to amend Sections 4990, 4990.18, and 4990.30 of, and to add
Chapter 10.5 (commencing with Section 4700) to Division 2 of, the
Business and Professions Code, relating to alcohol
alcoholism and drug abuse counselors, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1367, as amended, DeSaulnier. Alcohol
Alcoholism and drug abuse counselors.
Existing law provides for the licensing and regulation of marriage
and family therapists, social workers, and educational psychologists
by the Board of Behavioral Sciences, in the Department of Consumer
Affairs. Existing law provides that the Board of Behavioral Sciences
consists of 11 members and makes that provision inoperative on July
1, 2009, and repeals it on January 1, 2010. Existing law declares the
intent of the Legislature that the board employ its resources for,
among other things, the licensure of marriage and family therapists,
clinical social workers, and educational psychologists. Existing law
authorizes a licensed marriage and family therapist and a marriage
and family therapist intern, among others, whose license or
registration has been revoked to petition the board for reinstatement
or modification of the penalty.
This bill would enact the Alcohol and Drug Abuse
Counselors Substance Abuse Professionals
Licensing Law and provide for the licensing or registration and
regulation of alcohol alcoholism and
drug abuse counselors and interns, as defined, by the Board of
Behavioral Sciences. The bill would, on and after January 1, 2009,
add 2 one licensed alcohol and drug
abuse counselors counselor to the
board, to be appointed by the Governor , and would delete
the inoperative and repeal dates from that provision, thereby
extending the operation of the board indefinitely .
The bill would also add an additional public member to the board, to
be appointed by the Governor. The bill would declare the intent
of the Legislature that the board also employ its resources for the
licensure of alcohol alcoholism and
drug abuse counselors and would authorize licensed alcohol
alcoholism and drug abuse counselors and interns
whose license or registration has been revoked to petition the board
for reinstatement or modification of the penalty. The bill would
enact various related provisions regarding the practice of licensed
alcohol alcoholism and drug abuse
counselors and interns, including, but not limited to, licensing
requirements , scope of practice, conditions for license
renewals, and grounds for revocation or suspension of a
license. The bill would authorize the board to impose various fees on
licensed alcohol alcoholism and drug
abuse counselors and interns, which would be deposited in the
Behavioral Sciences Fund. The bill would make a continuous
appropriation from that fund to the board to carry out the provisions
of the bill. The bill would prohibit a person from representing
himself or herself as, or using the title, initials, or description
of, a licensed alcohol alcoholism and
drug abuse counselor without a valid license issued under this
chapter. Because a violation of this provision of the bill would be a
crime, the 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.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) There has been over a 200-percent increase in admissions for
drug addiction, including methamphetamine addiction, in California
since 2001 with no corresponding increase in the number of
professionals prepared to treat addiction.
(a)
(b) The practice of substance abuse professionals
affects the public health, safety, and welfare, and is, therefore,
subject to regulation in the interest of the public.
(b)
(c) California voters have required that drug offenders
be offered treatment instead of incarceration.
(c) Existing
(d) The State Department of
Alcohol and Drug Programs implemented counselor certification
regulations in 2005. These state regulations do not apply to
private practitioners treating substance abuse addiction.
(d)
(e) The lack of licensure of substance abuse
professionals has severely limited the growth of private sector
treatment options, thereby leaving the state as the first provider of
care rather than the safety net.
(e)
(f) Untreated or poorly treated substance abuse
addiction heavily impacts a majority of state services, including
corrections, welfare, hospital and emergency room care, and education
, costing California billions of dollars every year .
(f) The disease
(g) The diseases of substance
abuse addiction has and addiction have
been deemed life threatening.
(g)
(h) Deaths resulting from incompetent care of those
with substance abuse addiction have reached record levels.
(h) Several
(i) Many states now
require licensure of professionals who treat substance abuse
addiction.
(j) Unlicensed persons are currently treating the disease of
addiction without a defined scope of practice and without making
appropriate referrals for underlying and co-occurring issues.
(i)
(k) Therefore, it is the intent of the Legislature to
provide for licensure of substance abuse professionals in this state
by enacting the Alcohol and Drug Abuse Counselors Licensing Law.
SEC. 2. Chapter 10.5 (commencing with Section 4700) is added to
Division 2 of the Business and Professions Code, to read:
CHAPTER 10.5. ALCOHOL AND DRUG ABUSE COUNSELORS
SUBSTANCE ABUSE PROFESSIONALS
4700. This chapter shall be known and may be cited as the
Alcohol and Drug Abuse Counselors Licensing Law.
Substance Abuse Professionals Licensing Law.
4701. The Board of Behavioral Sciences shall administer and
enforce this chapter.
4702. For purposes of this chapter, the following terms have the
following meanings:
(a) "Board" means the Board of Behavioral Sciences.
(b) "Intern" means an unlicensed person who meets the requirements
of Section 4708 and is registered with the board.
(c) "IC&RC" means the International Certification & Reciprocity
Consortium/Alcohol & Other Drug Abuse, Inc., an organization
comprised of domestic and international agencies
organizations involved in credentialing and licensing
alcohol and other drug abuse counselors.
(d) "Licensee" means a person who is licensed under this chapter
as an alcohol alcoholism and drug abuse
counselor and who, for compensation, renders alcohol or other drug
dependency and abuse counseling, or related services, to an
individual, group, organization, corporation, institution, or the
general public.
(e) "Applicant" means an unlicensed person who has completed the
education requirements, as specified in subdivision (b) of Section
4713, and whose application for registration as an intern is pending,
or an unlicensed person who has completed the requirements for
licensure as specified in this chapter, is no longer registered with
the board as an intern, and is currently in the examination process.
(f) "Experience" means experience in the 12 Core Functions of
alcoholism and drug abuse counseling.
(g) "Referring agent" means a licensed professional who performs
quality assurance functions for licensed alcoholism and drug abuse
counselors and who meets the requirements set forth in Section 4722.
(h) "Supervision" means a formal, systematic process that focuses
on skill development and integration of knowledge, skills, and
attitudes specific to the 12 Core Functions of a counselor, used in
the process of internship, training, certification, licensure, or
education.
(i) "Twelve Core Functions" means the performance parameters
utilized by substance abuse professionals as established by the
IC&RC.
(j) "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 whatsoever, with or without any limiting
qualification. It also includes business solicitations communicated
by radio or television broadcasting. Signs within church buildings or
notices in church bulletins mailed to a congregation shall not be
construed as advertising within the meaning of this chapter.
4703. In order to carry out the provisions of this chapter, the
board shall do, but shall not be limited to, all of the following:
(a) Adopt rules and regulations to implement this chapter.
(b) Issue licenses and registrations beginning January 1, 2009.
(c) Take disciplinary action against a licensee or intern, where
appropriate, including, but not limited to, censure or reprimand, or
probation, suspension, or revocation of the license or registration.
(d) Establish continuing education requirements for licensees.
(e) Establish procedures for the receipt, investigation, and
resolution of complaints against licensees and interns.
(f) Establish criteria to determine whether the curriculum of an
educational institution satisfies the licensure requirements imposed
by this chapter.
(g) Establish a code of ethics standards
of competency for licensees that is are
consistent with generally accepted ethics codes for the
profession.
(h) Establish reinstatement procedures for an expired or revoked
license or registration.
(i) Establish supervision and supervisory requirements for
interns.
4704. A person shall not represent himself or herself as a
licensed alcohol alcoholism and drug
abuse counselor, and shall not use the title, initials, or
description of a licensed alcohol alcoholism
and drug abuse counselor, without a valid license issued under
this chapter. A person who violates this section is guilty of a
misdemeanor, punishable by a fine of not less than ____ dollars
($____).
4705. (a) Nothing in this chapter 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)), or
the Marriage and Family Therapist Act (Chapter 13 (commencing with
Section 4980)) , or the Clinical Social Worker Practice Act
(Chapter 14 (commencing with Section 4991)) .
(b) This chapter shall not apply to the following:
(1) A person who engages in the practice of alcohol
alcoholism and drug abuse counseling, as defined
in Section 4711 4721 , if the person
is qualified or licensed to engage in that practice and does not use
a title stating or implying that he or she is, or otherwise holds
himself or herself out to the public as, a licensed drug and
alcohol alcoholism and drug abuse counselor.
(2) A person who is a 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 alcoholism and drug abuse counselor.
(3) A student enrolled in an accredited alcohol
alcoholism and drug abuse counseling school who engages in
the practice of alcohol alcoholism and
drug abuse counseling, as defined in Section 4711
4721 , under qualified supervision.
(4) A person who engages in the practice of alcohol
alcoholism and drug abuse counseling, as defined
in Section 4711 4721 , if the person
is qualified or licensed to engage in that practice and is employed
or volunteers at a program administered by the Department of
Corrections and Rehabilitation, or at a program licensed or certified
by the State Department of Alcohol and Drug Programs.
Nothing in this section shall be construed as prohibiting the
Department of Corrections and Rehabilitation or the State Department
of Alcohol and Drug Programs from requiring licensure of identified
staff members as a requirement of the licensure, certification, or
continued funding of a program administered, licensed, or certified
by that department.
(c) A licensee shall display his or her license in a conspicuous
place in the licensee's primary place of practice.
(d) Any licensed alcoholism and drug abuse counselor who conducts
a private practice under a fictitious business name shall not use any
name that is false, misleading, or deceptive and shall inform the
patient, prior to the commencement of treatment, of the name and
license designation of the owner or owners of the practice.
(e) A licensee or registrant shall give written notice to the
board of a name change within 30 days after each change, giving both
the old and new names. A copy of the legal document authorizing the
name change, such as a court order or marriage certificate, shall be
submitted with the notice.
4706. (a) On and after January 1, 2009, and until December 31,
2009, the board shall issue a license to a person who meets all of
the following requirements:
(1) Completes an application for a license.
(2) Pays the fees prescribed by the board.
(3) Obtains one of the following:
(A) Current certification by the California Association of
Alcoholism and Drug Abuse Counselors as a Certified Alcohol and Drug
Counselor I (CADC I) or a Certified Alcohol and Drug Counselor II
(CADC II).
(B) Current certification by the National Association of Alcohol
and Drug Abuse Counselors as a National Certified Addiction
Counselor I (NCAD I) or a National Certified Addiction
Counselor II (NCAD II) (NCAC II) .
(C) Current certification by the IC&RC as an International
Certified Alcohol and Drug Abuse Counselor (ICADC).
(D) Current certification by an organization recognized by the
State Department of Alcohol and Drug Programs and accredited by the
National Commission on Certifying Agencies (NCCA) if the
certification requirements are, at the date of licensure,
substantially equivalent to those of a certification listed in
subparagraphs (A), (B), or (C).
(b) The term of a license issued under this section is two years.
The license may be renewed upon application to the board, showing
proof of completion of the required continuing education, and payment
of the renewal fee prescribed by the board. If a person licensed
under this section fails to renew the license on or before the
expiration date of the license, the person shall be required to meet
the requirements listed in subdivision (a) of Section 4707 in order
to obtain a new license.
4707. (a) On and after January 1, 2010, and until December 31,
2014 2012 , the board shall issue a
license to a person who meets all of the following requirements:
(1) Completes an application for a license.
(2) Pays the fees prescribed by the board.
(3) Is a resident of the state.
(4) Is at least 18 years of age.
(5) Is a high school graduate or possesses a general education
development equivalent.
(6) Completes a minimum of 315 hours of classroom instruction,
including a 45-hour classroom practicum, in a curriculum approved by
the board.
(7) Completes a minimum of 255 hours of field work in a clinically
supervised practicum.
(8) Completes a minimum of 6,000 hours of work with
chemically dependent persons in a clinically supervised setting.
supervised work experience in the 12 Core Functions
defined in subdivision (i) of Section 4702.
(9) Passes the written and oral examinations offered by the IC&RC.
(10) Submits two letters of recommendation from two licensees.
(b) The term of a license issued under this section is two years.
The license may be renewed upon application to the board, showing
proof of completion of the required continuing education, and payment
of the renewal fee prescribed by the board. If a person licensed
under this section fails to renew the license on or before the
expiration date of the license, the person shall be required to meet
the requirements listed in Section 4708 in order to obtain a new
license.
4708. On and after January 1, 2015 2013
, the board shall issue a license to a person who meets both of
following requirements:
(a) Meets the requirements listed in subdivision (a) of Section
4707.
(b) Holds a bachelor's degree in alcoholism and drug abuse
counseling or a human services field obtained from a school,
college, or university that, at the time the degree was conferred,
was accredited by the Western Association of Schools and
Colleges, or a nationally accredited learning institution approved by
the board .
4709. Every applicant who meets the educational and experience
requirements and applies for a license as an alcoholism and drug
abuse counselor shall pass the examinations specified in paragraph
(9) of subdivision (a) of Section 4707. The board may evaluate these
examinations prior to their use to determine whether they meet the
prevailing standards of the Office of Examination Resources and are
adequate at measuring the skills and knowledge required to deliver
safe and effective alcoholism and drug abuse counseling services. The
board may develop a supplemental examination if it deems necessary.
If a supplemental examination is developed, the examinations in
paragraph (9) of subdivision (a) of Section 4707 shall be used until
a supplemental examination is developed. The examinations shall be
given at least twice a year at a time and place and under supervision
as the board may determine.
4710. (a) If requested by an applicant who fails the
examinations, the board shall furnish the applicant with an analysis
of the applicant's performance on the examinations.
(b) An applicant who fails the examinations may take subsequent
examination on payment of the required examination fee.
(c) The board may establish the criteria under which an applicant
may take subsequent examinations.
4711. The board may issue a license to any person who, at the
time of application, has held for at least two years a valid license
issued by a board of alcoholism and drug abuse counseling, or
corresponding authority, of any state, if the education and
supervised experience requirements are substantially the equivalent
to this chapter and the person successfully completes the board
administered licensing examinations, as specified by paragraph (9) of
subdivision (a) of Section 4707, and pays the required fee.
4712. (a) Experience gained outside of California shall be
accepted toward the licensure requirements if it is substantially
equivalent to that required by this chapter and if the applicant has
gained a minimum of 250 hours of supervised experience in direct
counseling within California while registered as an intern with the
board.
(b) Education gained outside of California shall be accepted
toward the licensure requirements if it is substantially equivalent
to the education requirements of this chapter.
4709. 4713. On and after January 1,
2009, the board may register a person as an intern if the person
meets both all of the following
requirements:
(a) Is a high school graduate or possesses a general education
development equivalent.
(b) Completes a minimum of 315 hours of classroom instruction,
including a 45-hour classroom practicum, in a curriculum approved by
the board.
(c) Has not committed acts constituting grounds for denial of
licensure.
(d) Has not been convicted of a crime that involves sexual abuse
of children and is not required to register as a sex offender.
4714. On and after December 31, 2012, the board may register a
person as an intern if the person meets both of following
requirements:
(a) Meets the requirements listed in Section 4713.
(b) Holds a bachelor's degree in alcoholism and drug abuse
counseling or a human services field.
4710. 4715. A person registered as
an intern under this chapter shall do all of the following:
(a) Be registered with the board prior to performing any duties.
(b) File for renewal of registration annually for a maximum of
five years after initial registration with the board. Renewal of
registration shall include filing an application for renewal, paying
a renewal fee prescribed by the board, and notifying the board
whether disciplinary action has been taken by a regulatory or
licensing board in this or any other state subsequent to the issuance
of the initial registration or the registrant's last renewal.
(c) Inform a client prior to performing a professional service
that he or she is unlicensed and under the supervision of a licensed
alcohol alcoholism and drug abuse
counselor, a licensed marriage and family therapist, a licensed
clinical social worker, a licensed psychologist, a licensed physician
certified in psychiatry by the American Board of Psychiatry and
Neurology, or a licensed physician who has completed a residency in
psychiatry, whichever is applicable.
4716. (a) Continued employment as an unlicensed alcoholism and
drug abuse counselor intern shall cease after six years unless the
requirements of subdivision (b) are met. No registration shall be
renewed or reinstated beyond the six years from initial issuance
regardless of whether it has been revoked.
(b) When no further renewals are possible, an applicant may apply
for and obtain new intern registration status if the applicant meets
the educational requirements for registration in effect at the time
of the application for a new intern registration.
4717. All interns shall at all times be supervised in accordance
with regulations adopted by the board. Supervision of intern hours
requires that a treatment agency sign a contract or memorandum of
understanding with the state board which signifies that the onsite
internship is based on direct services in the 12 Core Functions.
Interns must comply with all laws, rules, and regulations governing
the practice of alcoholism and drug abuse counseling. Experience may
be gained by the intern solely as part of the position for which the
intern is employed. An intern may be credited with supervised
experience completed in any setting that meets both of the following:
(a) Lawfully and regularly provides alcoholism and drug abuse
counseling.
(b) Provides oversight to ensure that the intern's work at the
setting meets the experience and supervision requirements set forth
in this chapter and is within the scope of practice for the
profession as defined in subdivision (a) of Section 4721.
4718. A person shall register with the board as an intern before
volunteering or employment in a private practice setting. Intern
registration must be complete in order to be credited for hours of
supervised experience gained toward licensure.
4719. Interns shall only perform services at the place where
their employers regularly conduct business, which may include
performing services at other locations, as long as the services are
performed under the direction and control of their employer, and in
compliance with the laws and regulations pertaining to supervision.
4720. Interns shall have no proprietary interest in the employer'
s business and shall not receive any remuneration from patients or
clients, and shall only be paid by their employers. Interns shall not
be considered independent contractors.
4711. 4721. (a) A licensee may
engage in the practice of alcohol alcoholism
and drug abuse counseling. For purposes of this chapter, the
"practice of alcohol alcoholism and
drug abuse counseling" means performing any of the following
acts for the purpose of treating alcohol or drug abuse:
(1) Determining whether a client is appropriate and eligible for
admission to a particular drug or alcohol abuse program.
(2) Conducting the administrative and initial assessment
procedures for a client's admission to a drug or alcohol abuse
program.
(3) Describing to a client any of the following:
(A) The general nature and goals of a drug or alcohol abuse
program.
(B) The rules governing the conduct of the client and the
infractions that can lead to disciplinary action or discharge from a
drug or alcohol abuse program.
(C) The hours during which services are available in a drug or
alcohol abuse program.
(D) The treatment costs to be paid by the client.
(E) The client's rights.
(4) Identifying and evaluating a client's strengths, weaknesses,
problems, and needs in order to develop a treatment plan.
(5) Engaging in treatment planning with a client, including the
identification and ranking of problems needing resolution, the
establishment of immediate and long-term goals for the client, and
the determination of a treatment process.
(6) Providing counseling services to a client.
(7) Coordinating services for a client.
(8) Providing services that respond to a client's needs during
acute emotional or physical distress.
(9) Providing information to a client concerning drug and alcohol
abuse, including information on relevant resources and services.
(10) Identifying needs of a client that the licensee cannot meet
and referring the client to the appropriate resources.
(11) Documenting a client's progress in achieving his or her
goals.
(12) Consulting with other professionals regarding a client's
treatment or services.
(b) A licensee may also supervise, direct, and instruct others who
perform the acts listed in subdivision (a).
(c) A licensee may perform the acts listed in this section without
supervision and in a private practice setting or within a facility
licensed or certified by the State Department of Alcohol and Drug
Programs.
(d) A licensee may perform the acts listed in this section only
for the purpose of treating alcohol or drug abuse.
(e) A licensee shall not engage in the practice of psychology, as
defined in Section 2903, or the practice of marriage and family
therapy, as defined in Section 4980.02.
(f) A licensee shall, in an effective and safe fashion,
demonstrate the ability to refer patients in need of services that go
beyond the practice of alcohol and drug abuse counseling. The
licensee shall maintain current referral information for the services
he or she is prohibited from providing under subdivision (e).
4712. The board may refuse to issue a license or registration, or
may suspend or revoke a license or registration, for any of the
following reasons:
(a) Conviction of a crime, which the board determines renders the
person unfit to practice as an alcohol and drug abuse counselor.
(b) Violation of the code of ethics established by the board,
which violation the board determines renders the person unfit to
practice as an alcohol and drug abuse counselor.
(c) Procuring a license or registration by fraud or
misrepresentation.
(d) Use of drugs or alcohol to the extent that the use impairs the
ability to safely practice alcohol and drug abuse counseling.
(e) Mental illness rendering the person unable to practice his or
her profession safely, until proof of recovery from that condition
can be established by a licensed psychologist or psychiatrist.
(f) Violation of, attempting or conspiring to violate, directly or
indirectly, or assisting in or abetting the violation of, this
chapter or a regulation adopted by the board pursuant to this
chapter.
(g) Commission of an act of malpractice, gross negligence, or
incompetency in the performance of alcohol and drug abuse counseling.
(h) Engaging in conduct that could result in harm or injury to the
public.
(i) Entering into a relationship with a client, a person related
to a client, or a supervisee that impairs the licensee's professional
judgment or increases the risk of exploitation of the client or
supervisee.
(j) Performing, or holding oneself out as being able to perform, or
offering to perform, or permitting a registered intern under
supervision to perform, a professional service beyond the scope of
the license authorized by this chapter.
(k) Other just and sufficient cause that renders the person unfit
to practice as a licensed alcohol and drug abuse counselor.
the following 12 core functions for the purpose of treating
substance abuse and addiction:
(1) Screening. The process by which a client is determined to be
eligible for admission to a particular substance abuse treatment
program.
(2) Initial Intake. The administrative and initial assessment
procedures for admission to a substance 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 substance abuse treatment program, including rules
governing client conduct and infractions that can lead to
disciplinary action or discharge from the program.
(4) Substance 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
decisionmaking 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 which respond to an
alcohol or drug abuser's needs during acute emotional or physical
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 substance 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 in regard to client
treatment or services. Communicating with other professionals to
ensure comprehensive, quality care for the client.
(b) A licensee may also supervise, direct, and instruct others who
perform the acts listed in subdivision (a).
(c) A licensee may perform the acts listed in this section without
supervision in a private practice setting in which a referring agent
has been established.
(d) A licensee may perform the acts listed in this section in
hospitals, agencies, or other facilities where alcohol or drug abuse
services are delivered without supervision in accordance with the
laws and regulations governing the facilities.
(e) A licensee may perform the acts listed in this section only
for the purpose of treating substance abuse and addiction.
(f) A licensee shall not engage in the practice of psychology, as
defined in Section 2903, the practice of marriage and family therapy,
as defined in Section 4980.02, or the practice of clinical social
work, as defined in Section 4996.2.
4722. A licensed alcoholism and drug abuse counselor performing
services in a private practice setting shall establish a professional
relationship with one or more referral agents, who may include
marriage and family therapists, licensed clinical social workers,
licensed psychologists, licensed physicians certified in psychiatry
by the American Board of Psychiatry and Neurology, or physicians who
have completed a residency but are not yet board certified in
psychiatry. All referring agents must have at least two years direct
treatment experience in substance abuse and addiction.
4723. Licensed alcoholism and drug abuse counselors shall refer
all clients for an initial assessment with a referral agent within 30
days of intake to assess any co-occurring needs or disorders. Such
referrals shall be documented in the client's chart. A licensee
shall, in an effective and safe fashion, demonstrate the ability to
refer patients in need of services that go beyond the practice of
alcoholism and drug abuse counseling. The licensee shall maintain
current referral information for the service he or she is prohibited
from providing under subdivision (f) of Section 4721.
4724. (a) A licensed alcoholism and drug abuse counselor may do
all of the following:
(1) Perform screening as defined in paragraph (1) of subdivision
(a) of Section 4721.
(2) Perform an initial intake as defined in paragraph (2) of
subdivision (a) of Section 4721.
(3) Assist in the evaluation process by meeting with the client to
gather parts of the psychosocial information as directed by the
referral agent. However, the referral agent must see the client
face-to-face to conduct the co-occurring needs assessment.
(b) A licensed alcoholism and drug abuse counselor may also
participate as part of the multidisciplinary team in the development
of the treatment plan, but may not independently diagnose and
prescribe treatment outside of addiction treatment.
(c) The professional assessment of the referral agent shall be
documented by the alcoholism and drug abuse counselor and any
recommendations made by the referring agent shall be noted in the
client's ongoing treatment plan.
4725. A referring agent may perform any or all of the following
quality assurance measures:
(a) A quarterly review of case files to ensure that appropriate
and timely referrals for necessary treatment outside of alcoholism
and drug abuse counseling have been made.
(b) Observation of counseling techniques with clients to ensure
that services beyond alcoholism and drug treatment counseling are not
being offered or provided by the alcoholism and drug abuse
counselor.
(c) Report a finding that the quarterly review or onsite
observation demonstrates a lack of appropriate referrals, failure to
refer in a timely manner, or practice beyond the scope of the
licensed alcoholism and drug abuse counselor, to the board so that
disciplinary action can be initiated.
4726. The board may refuse to issue a registration or license, or
may suspend or revoke the license or registration of any registrant
or licensee, if the applicant, licensee, or registrant has been
guilty of unprofessional conduct. Unprofessional conduct shall
include, but not be limited to, all of the following:
(a) The conviction of a crime substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter. The record of conviction shall be conclusive
evidence only of the fact that the conviction occurred. The board may
inquire into the circumstances surrounding the commission of the
crime in order to fix the degree of discipline or to determine if the
conviction is substantially related to the qualifications,
functions, or duties of a licensee or registrant under this chapter.
A plea or verdict of guilty or a conviction following a plea of nolo
contendere made to a charge substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter shall be deemed to be a conviction within the
meaning of this section. The board may order any license or
registration, suspended or revoked, or may decline to issue a license
or registration when the time for appeal has elapsed or the judgment
of conviction has been affirmed on appeal, or when an order granting
probation is made suspending the imposition of sentence,
irrespective of a subsequent order under Section 1203.4 of the Penal
Code allowing the person to withdraw a plea of guilty and enter a
plea of not guilty, or setting aside the verdict of guilty, or
dismissing the accusation, information, or indictment.
(b) Securing a license or registration by fraud, deceit, or
misrepresentation on any application for licensure or registration
submitted to the board, whether engaged in by an applicant for a
license or registration, or by a licensee in support of any
application for licensure or registration.
(c) Administering to himself or herself any controlled substance
or using of any of the dangerous drugs specified in Section 4022, or
of any alcoholic beverage to the extent, or in a manner, as to be
dangerous or injurious to the person applying for a registration or
license or holding a registration or license under this chapter, 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
registration or license to conduct with safety to the public the
practice authorized by the registration or license, or the conviction
of more than one misdemeanor or any felony involving the use,
consumption, or self-administration of any of the substances referred
to in this subdivision, or any combination thereof after becoming
licensed. The board shall deny an application for a registration or
license or revoke the license or registration of any person who uses
or offers to use drugs in the course of performing alcoholism and
drug abuse counseling services.
(d) Gross negligence or incompetence in the performance of
alcoholism and drug abuse counseling services.
(e) Violating, attempting to violate, or conspiring to violate any
of the provisions of this chapter or any regulation adopted by the
board.
(f) Misrepresentation as to the type or status of a license 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 licensee, registrant, or
applicant for a license or registration, or, in the case of a
licensee, allowing any other person to use his or her license or
registration.
(h) Aiding or abetting, or employing, directly or indirectly, any
unlicensed or unregistered person to engage in conduct for which a
license or registration is required under this chapter.
(i) Intentionally or recklessly causing physical or emotional harm
to any client.
(j) The commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee or registrant.
(k) Engaging in sexual relations with a client, or a former client
within two years following termination of services, 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 alcoholism and drug abuse counselor.
(l) Performing, or holding oneself out as being able to perform,
or offering to perform, or permitting any registered intern under
supervision to perform, any professional services beyond the scope of
the license authorized by this chapter.
(m) Failure to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client which is obtained from tests or
other means.
(n) 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.
(o) 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 (n).
(p) Advertising in a manner that is false, misleading, or
deceptive.
(q) Reproduction or description in public, or in any publication
subject to general public distribution, of any psychological test or
other assessment device, the value of which depends in whole or in
part on the naivete of the subject, in ways that might invalidate the
test or device.
(r) Any conduct in the supervision of any registered intern by any
licensee that violates this chapter or any rules or regulations
adopted by the board.
(s) Performing or holding oneself out as being able to perform
professional services beyond the scope of one's competence, as
established by one's education, training, or experience. This
subdivision shall not be construed to expand the scope of the license
authorized by this chapter.
(t) Permitting a registered intern under one's supervision or
control to perform, or permitting the registered intern to hold
himself or herself out as competent to perform, professional services
beyond the registered intern's scope.
(u) Receipt of credible justification from a referring agent that
the licensed alcoholism and drug abuse counselor is performing
services outside of the 12 Core Functions or is negligent in making
referrals for co-occurring disorders.
4727. (a) Except as provided in subdivisions (b), (c), and (e),
any accusation filed against a licensee pursuant to Section 11503 of
the Government Code shall be filed within three years from the date
the board 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 licensee pursuant to Section
11503 of the Government Code alleging the procurement of a license by
fraud or misrepresentation is not subject to the limitations set
forth in subdivision (a).
(c) The limitation provided for by subdivision (a) shall be tolled
for the length of time required to obtain compliance when a report
required to be filed by the licensee or registrant with the board
pursuant to Article 11 (commencing with Section 800) of Chapter 1 is
not filed in a timely fashion.
(d) If an alleged act or omission involves a minor, the seven-year
limitations period provided for by subdivision (a) and the 10-year
limitations period provided for by subdivision (e) shall be tolled
until the minor reaches the age of majority.
(e) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging sexual misconduct shall be
filed within three years after the board 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 occurs, whichever occurs first.
(f) The limitations 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 board due to an ongoing criminal
investigation.
(g) For purposes of this section, "discovers" means the later 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 board received a complaint or report describing
the act or omission.
(2) The date, subsequent to the original complaint or report, on
which the board became aware of any additional acts or omissions
alleged as the basis for disciplinary action against the same
individual.
(3) The date the board receives from the complainant a written
release of information pertaining to the complainant's diagnosis and
treatment.
4713. 4728. (a) An applicant for a
license under this chapter shall consent to a criminal history
background check. Refusal to consent to the criminal history
background check constitutes grounds for denial of the license.
(b) Before issuing a license to an applicant, the board shall
ensure that the state and national criminal history of the applicant
is checked.
(c) If an applicant's criminal history background check reveals
one or more convictions, the applicant shall not automatically be
denied a license. With regard to each conviction, the board shall
consider all of the following factors in determining whether to issue
a license:
(1) The level of seriousness of the crime committed.
(2) The date that the crime was committed.
(3) The age of the applicant at the time of conviction.
(4) The circumstances surrounding the commission of the crime, if
known.
(5) The nexus between the criminal conduct and the duties of a
licensed alcohol alcoholism and drug
abuse counselor.
(6) The applicant's prison, jail, probation, parole,
rehabilitation, and employment records since the date the crime was
committed.
(d) If the board denies a license based on an applicant's criminal
history background check, the board may disclose to the applicant
the information contained in the background check that is relevant to
the denial.
(e) The applicant shall have the right to appear before the board
to appeal a decision made by the board pursuant to this section.
4729. (a) The board shall renew an unexpired license of a
licensee who meets the following qualifications:
(1) Has applied for renewal on a board-issued form and paid the
required renewal fee.
(2) Has certified compliance with continuing education
requirements.
(3) Has notified the board whether he or she has been subject to,
or whether another board has taken, disciplinary action since the
last renewal.
4730. (a) The board shall not renew any license pursuant to this
chapter unless the licensee certifies to the board, on a form
prescribed by the board, that he or she has completed not less than
36 hours of approved continuing education in or relevant to the field
of alcoholism and drug abuse counseling, as determined by the board.
(b) The board shall have the right to audit the records of any
licensee to verify the completion of the continuing education
requirement. Licensees shall maintain records of completion of
required continuing education coursework for a minimum of two years
and shall make these records available to the board for auditing
purposes upon request.
(c) The continuing education shall be obtained from one of the
following sources:
(1) An accredited school, college, or university accredited by the
Western Association of Schools and Colleges. Nothing in this
paragraph shall be construed as requiring coursework to be offered as
part of a regular degree program.
(2) Other continuing education providers, including, but not
limited to, a certified counseling association, a licensed health
facility, a governmental entity, a continuing education unit of an
accredited four-year institution of higher learning, or a mental
health professional association, approved by the board.
(3) The board shall establish, by regulation, a procedure for
approving providers of continuing education courses, and all
providers of continuing education, as described in paragraphs (1) and
(2), shall adhere to procedures established by the board. The board
may revoke or deny the right of a provider to offer continuing
education coursework pursuant to this section for failure to comply
with the requirements of this section or any regulation adopted
pursuant to this section.
(d) Training, education, and coursework by approved providers
shall incorporate one or more of the following:
(1) Aspects of the discipline that are fundamental to the
understanding or the practice of alcoholism and drug abuse
counseling.
(2) Aspects of the discipline of alcoholism and drug abuse
counseling in which significant recent developments have occurred.
(3) Aspects of other disciplines that enhance the understanding or
the practice of alcoholism and drug abuse counseling.
(e) The board shall, by regulation, fund the administration of
this section through continuing education provider fees to be
deposited in the Behavioral Sciences Fund. The fees related to the
administration of this section shall be sufficient to meet, but shall
not exceed, the costs of administering the corresponding provisions
of this section.
4731. (a) The board may renew an expired license for former
licensees who meet the following qualifications:
(1) Apply for renewal on a board-issued form.
(2) Pay the renewal fees that would have been paid if the license
had not been delinquent.
(3) Pay all delinquency fees.
(4) Certify compliance with continuing education requirements.
(5) Notify the board whether he or she has been subject to, or
whether another board has taken, disciplinary action since the last
renewal.
(6) Provides proof that the license expired less than three years
from the date of application.
4732. A license that is not renewed within three years after its
expiration may not be renewed, restored, reinstated, or reissued
thereafter, but the former licensee may apply for and obtain a new
license if all of the following are satisfied:
(a) No fact, circumstance, or condition exists that, if the
license were issued, would justify its revocation or suspension.
(b) He or she pays the fees that would be required if he or she
were applying for a license for the first time.
(c) He or she takes and passes the current licensing examinations
as specified in paragraph (9) of subdivision (a) of Section 4707.
(d) He or she meets the educational requirements of Section 4708.
4733. A suspended license is subject to expiration and shall be
renewed as provided in this chapter, but the renewal does not entitle
the licensee, while it remains suspended and until it is reinstated,
to engage in the activity to which the license relates, or in any
other activity or conduct in violation of the order or judgment by
which it was suspended.
4734. A revoked license is subject to expiration as provided in
this chapter, but it may not be renewed. If it is reinstated after
its expiration, the licensee shall, as a condition precedent to its
reinstatement, pay a reinstatement fee in an amount equal to the
renewal fee in effect on the last regular renewal date before the
date on which it is reinstated, plus the
delinquency fee, if any, accrued at the time of its
revocation.
4735. A licensed alcoholism and drug abuse counselor may apply to
the board to request that his or her license be placed on inactive
status. A licensee who holds an inactive license shall pay a biennial
fee of one-half of the active renewal fee and shall be exempt from
continuing education requirements specified in subdivision (a) of
Section 4730, but shall otherwise be subject to this chapter and
shall not engage in the practice of alcoholism and drug abuse
counseling in this state. A licensee on inactive status who has not
committed any acts or crimes constituting grounds for denial of
licensure may, upon his or her request, have his or her license to
practice alcoholism and drug abuse counseling placed on active
status. A licensee requesting his or her license to be placed on
active status at any time between a renewal cycle shall pay the
remaining one-half of the renewal fee. A licensee requesting to
reactivate from an inactive status whose license will expire less
than one year from the date of the request shall be required to
complete 18 hours of continuing education for license renewal. A
licensee requesting to reactivate from an inactive status whose
license will expire more than one year from the date of the request
shall be required to complete 36 hours of continuing education for
license renewal.
4736. The board may refuse to issue any registration or license
whenever it appears that an applicant may be unable to practice his
or her profession safely due to mental illness or chemical
dependency. The procedures set forth in Article 12.5 (commencing with
Section 820) of Chapter 1 shall apply to any denial of a license or
registration pursuant to this section.
4737. (a) The board may place a license or registration on
probation under the following circumstances:
(1) Instead of, or in addition to, any order of the board
suspending or revoking the license or registration of any licensee or
intern.
(2) Upon the issuance of a license to an individual who has been
guilty of unprofessional conduct, but who had otherwise completed all
education and training and experience required for licensure.
(3) As a condition upon the reissuance or reinstatement of any
license that has been suspended or revoked by the board.
(b) The board may adopt regulations establishing a monitoring
program to ensure compliance with any terms or conditions of
probation imposed by the board pursuant to subdivision (a). The cost
of probation or monitoring may be ordered to be paid by the licensee,
registrant, or applicant.
(c) The board, in its discretion, may require any licensee or
registrant who has been placed on probation, or whose license or
registration has been suspended, to obtain additional professional
training, and to pass an examination upon completion of that
training, and to pay any necessary examination fee. The examination
may be written, oral, or a practical or clinical examination.
4738. (a) A licensed alcoholism and drug abuse counselor who has
been placed on probation may petition the board for reinstatement or
modification of penalty, including modification or termination of
probation, after a period not less than the following minimum periods
has elapsed from the effective date of the decision ordering the
disciplinary action, or if the order of the board, or any portion of
it, is stayed by the board itself, or by the superior court, from the
date the disciplinary action is actually implemented in its
entirety:
(1) At least three years for reinstatement of a license that was
revoked for unprofessional conduct, except that the board may, in its
sole discretion at the time of adoption, specify in its order that a
petition for reinstatement may be filed after two years.
(2) At least two years for early termination of any probation
period of three years or more.
(3) At least one year for modification of a condition, or
reinstatement of a license revoked for mental or physical illness, or
termination of probation of less than three years.
(b) The petition may be heard by the board itself, or the board
may assign the petition to an administrative law judge pursuant to
Section 11512 of the Government Code. The board shall give notice to
the Attorney General of the filing of the petition. The petitioner
and the Attorney General shall be given timely notice by letter of
the time and place of the hearing on the petition, and an opportunity
to present both oral and documentary evidence and argument to the
board. The petitioner shall at all times have the burden of
production and proof to establish by clear and convincing evidence
that he or she is entitled to the relief sought in the petition. The
board, when it is hearing the petition itself, or an administrative
law judge sitting in for the board, may consider all activities of
the petitioner since the disciplinary action was taken, the offense
for which the petitioner was disciplined, the petitioner's activities
during the time his or her license was in good standing, and the
petitioner's rehabilitative efforts, general reputation for truth,
and professional ability.
(c) The hearing may be continued from time to time as the board or
the administrative law judge deems appropriate.
(d) The board itself, or the administrative law judge if one is
designated by the board, shall hear the petition and shall prepare a
written decision setting forth the reasons supporting the decision.
In a decision granting a petition reinstating a license or modifying
a penalty, the board itself, or the administrative law judge may
impose any terms and conditions that the agency deems reasonably
appropriate, including those set forth in Sections 823 and 4737.
Where a petition is heard by an administrative law judge sitting
alone, the administrative law judge shall prepare a proposed decision
and submit it to the board.
(e) The board may take action with respect to the proposed
decision and petition as it deems appropriate.
(f) The petition shall be on a form provided by the board, and
shall state any facts and information as may be required by the board
including, but not limited to, proof of compliance with the terms
and conditions of the underlying disciplinary order.
(g) The petitioner shall pay a fingerprinting fee and provide a
current set of his or her fingerprints to the board. The petitioner
shall execute a form authorizing release to the board or its
designee, of all information concerning the petitioner's current
physical and mental condition. Information provided to the board
pursuant to the release shall be confidential and shall not be
subject to discovery or subpoena in any other proceeding, and shall
not be admissible in any action, other than before the board, to
determine the petitioner's fitness to practice as required by Section
822.
(h) The petition shall be verified by the petitioner, who shall
file an original and sufficient copies of the petition, together with
any supporting documents, for the members of the board, the
administrative law judge, and the Attorney General.
(i) The board may delegate to its executive officer authority to
order investigation of the contents of the petition, but in no case,
may the hearing on the petition be delayed more than 180 days from
its filing without the consent of the petitioner.
(j) The petitioner may request that the board schedule the hearing
on the petition for a board meeting at a specific city where the
board regularly meets.
(k) No petition shall be considered while the petitioner is under
sentence for any criminal offense, including any period during which
the petitioner is on court-imposed probation or parole, or the
petitioner is required to register pursuant to Section 290 of the
Penal Code. No petition shall be considered while there is an
accusation or petition to revoke probation pending against the
petitioner.
(l) Except in those cases where the petitioner has been
disciplined for violation of Section 822, the board may in its
discretion deny without hearing or argument any petition that is
filed pursuant to this section within a period of two years from the
effective date of a prior decision following a hearing under this
section.
4739. The board may deny any application, or may suspend or
revoke any license or registration issued under this chapter, for any
of the following:
(a) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action imposed by another state or territory
or possession of the United States, or by any other governmental
agency, on a license, certificate, or registration to practice
alcoholism and drug abuse counseling, or any other healing art, shall
constitute unprofessional conduct. A certified copy of the
disciplinary action decision or judgment shall be conclusive evidence
of that action.
(b) Revocation, suspension, or restriction by the board of a
license, certificate, or registration to practice as a marriage and
family therapist, clinical social worker or educational psychologist
shall also constitute grounds for disciplinary action for
unprofessional conduct against the licensee or registrant under this
chapter.
(c) A written documentation from the State Department of Alcohol
and Drug Programs demonstrating that the department has ruled that a
certification should be revoked by a private certifying organization.
4740. The board shall revoke any license issued under this
chapter upon a decision made in accordance with the procedures set
forth in 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 licensee or registrant engaged in any act of
sexual contact, as defined in Section 729, when that act is with a
patient, or with a former patient 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
board.
4741. The proceedings conducted under this chapter shall be held
in accordance with Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code.
4714. 4742. The board shall assess
application, examination, licensure, renewal, background
check, and other fees in amounts sufficient to cover the costs of
administering this chapter. The fees collected pursuant to this
chapter shall be deposited in the Behavioral Sciences Fund and are
continuously appropriated to the board for carrying out and enforcing
this chapter.
4715. 4743. (a) Prior to January 1,
2009, the board may register persons who are interested in applying
for a license and may impose a registration fee of not more than ____
dollars ($____).
(b) The term of a registration issued under this section shall not
exceed one year.
(c) The board may use the fees collected pursuant to this section
to pay for the initial cost of implementing this chapter.
(d) Nothing in this section shall be construed to impair a person'
s ability to apply for or obtain a license.
(e) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2009, deletes or extends
that date.
4744. (a) The board shall report each month to the Controller the
amount and source of all revenue received pursuant to this chapter
and at the same time pay the entire amount thereof into the State
Treasury for credit to the Behavioral Sciences Fund.
(b) The Behavioral Sciences Fund shall be used for the purposes of
carrying out and enforcing the provisions of this chapter.
(c) The board shall keep any records as will reasonably ensure
that funds expended in the administration of each licensing or
registration category shall bear a reasonable relation to the revenue
derived from each category, and shall so notify the department no
later than May 31 of each year.
(d) Surpluses, if any, may be used in such a way so as to bear a
reasonable relation to the revenue derived from each category, and
may include, but not be limited to, expenditures for education and
research related to each of the licensing or registration categories.
SEC. 3. Section 4990 of the Business and Professions Code is
amended to read:
4990. (a) There is in the Department of Consumer Affairs, a Board
of Behavioral Sciences that consists of the following members:
(1) Two state licensed clinical social workers.
(2) One state licensed educational psychologist.
(3) Two state licensed marriage and family therapists.
(4) After January 1, 2009, two one
state licensed alcohol alcoholism and
drug abuse counselors counselor .
(5) Six Seven public members.
(b) Each member, except the six seven
public members, shall have at least two years of experience in
his or her profession.
(c) Each member shall reside in the State of California.
(d) The Governor shall appoint four five
of the public members and the seven six
licensed members with the advice and consent of the Senate.
The Senate Committee on Rules and the Speaker of the Assembly shall
each appoint a public member.
(e) Each member of the board shall be appointed for a term of four
years. A member appointed by the Speaker of the Assembly or the
Senate Committee on Rules shall hold office until the appointment and
qualification of his or her successor or until one year from the
expiration date of the term for which he or she was appointed,
whichever first occurs. Pursuant to Section 1774 of the Government
Code, a member appointed by the Governor shall hold office until the
appointment and qualification of his or her successor or until 60
days from the expiration date of the term for which he or she was
appointed, whichever first occurs.
(f) A vacancy on the board shall be filled by appointment for the
unexpired term by the authority who appointed the member whose
membership was vacated.
(g) Not later than the first of June of each calendar year, the
board shall elect a chairperson and a vice chairperson from its
membership.
(h) Each member of the board shall receive a per diem and
reimbursement of expenses as provided in Section 103.
(i) This section shall become inoperative on July 1, 2009, and, as
of January 1, 2010, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2010, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 4. Section 4990.18 of the Business and Professions Code is
amended to read:
4990.18. It is the intent of the Legislature that the board
employ its resources for each and all of the following functions:
(a) The licensure of marriage and family therapists,
alcoholism and drug abuse counselors, clinical social workers,
alcohol and drug abuse counselors, and educational
psychologists.
(b) The development and administration of licensure examinations
and examination procedures consistent with prevailing standards for
the validation and use of licensing and certification tests.
Examinations shall measure knowledge and abilities demonstrably
important to the safe, effective practice of the profession.
(c) Enforcement of laws designed to protect the public from
incompetent, unethical, or unprofessional practitioners.
(d) Consumer education.
SEC. 5. Section 4990.30 of the Business and Professions Code is
amended to read:
4990.30. (a) A licensed marriage and family therapist, marriage
and family therapist intern, licensed alcohol
alcoholism and drug abuse counselor, alcohol and drug
abuse counselor intern, licensed clinical social worker,
associate clinical social worker, or licensed educational
psychologist whose license or registration has been revoked,
suspended, or placed on probation, may petition the board for
reinstatement or modification of the penalty, including modification
or termination of probation. The petition shall be on a form provided
by the board and shall state any facts and information as may be
required by the board including, but not limited to, proof of
compliance with the terms and conditions of the underlying
disciplinary order. The petition shall be verified by the petitioner
who shall file an original and sufficient copies of the petition,
together with any supporting documents, for the members of the board,
the administrative law judge, and the Attorney General.
(b) The licensee or registrant may file the petition on or after
the expiration of the following timeframes, each of which commences
on the effective date of the decision ordering the disciplinary
action or, if the order of the board, or any portion of it, is stayed
by the board itself or by the superior court, from the date the
disciplinary action is actually implemented in its entirety:
(1) Three years for reinstatement of a license or registration
that was revoked for unprofessional conduct, except that the board
may, in its sole discretion, specify in its revocation order that a
petition for reinstatement may be filed after two years.
(2) Two years for early termination of any probation period of
three years or more.
(3) One year for modification of a condition, reinstatement of a
license or registration revoked for mental or physical illness, or
termination of probation of less than three years.
(c) The petition may be heard by the board itself or the board may
assign the petition to an administrative law judge pursuant to
Section 11512 of the Government Code.
(d) The petitioner may request that the board schedule the hearing
on the petition for a board meeting at a specific city where the
board regularly meets.
(e) The petitioner and the Attorney General shall be given timely
notice by letter of the time and place of the hearing on the petition
and an opportunity to present both oral and documentary evidence and
argument to the board or the administrative law judge.
(f) The petitioner shall at all times have the burden of
production and proof to establish by clear and convincing evidence
that he or she is entitled to the relief sought in the petition.
(g) The board, when it is hearing the petition itself, or an
administrative law judge sitting for the board, may consider all
activities of the petitioner since the disciplinary action was taken,
the offense for which the petitioner was disciplined, the petitioner'
s activities during the time his or her license or registration was
in good standing, and the petitioner's rehabilitative efforts,
general reputation for truth, and professional ability.
(h) The hearing may be continued from time to time as the board or
the administrative law judge deems appropriate but in no case may
the hearing on the petition be delayed more than 180 days from its
filing without the consent of the petitioner.
(i) The board itself, or the administrative law judge if one is
designated by the board, shall hear the petition and shall prepare a
written decision setting forth the reasons supporting the decision.
In a decision granting a petition reinstating a license or modifying
a penalty, the board itself, or the administrative law judge, may
impose any terms and conditions that the agency deems reasonably
appropriate, including those set forth in Sections 823 and 4990.38.
If a petition is heard by an administrative law judge sitting alone,
the administrative law judge shall prepare a proposed decision and
submit it to the board. The board may take action with respect to the
proposed decision and petition as it deems appropriate.
(j) The petitioner shall pay a fingerprinting fee and provide a
current set of his or her fingerprints to the board. The petitioner
shall execute a form authorizing release to the board or its
designee, of all information concerning the petitioner's current
physical and mental condition. Information provided to the board
pursuant to the release shall be confidential and shall not be
subject to discovery or subpoena in any other proceeding, and shall
not be admissible in any action, other than before the board, to
determine the petitioner's fitness to practice as required by Section
822.
(k) The board may delegate to its executive officer authority to
order investigation of the contents of the petition.
() No petition shall be considered while the petitioner is under
sentence for any criminal offense, including any period during which
the petitioner is on court-imposed probation or parole or the
petitioner is required to register pursuant to Section 290 of the
Penal Code. No petition shall be considered while there is an
accusation or petition to revoke probation pending against the
petitioner.
(m) Except in those cases where the petitioner has been
disciplined for violation of Section 822, the board may in its
discretion deny without hearing or argument any petition that is
filed pursuant to this section within a period of two years from the
effective date of a prior decision following a hearing under this
section.
SEC. 6. 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.
____ CORRECTIONS Text--Pages 3, 4, 10, 16, 20, and 22.
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