BILL NUMBER: SB 1203 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 20, 2010
AMENDED IN SENATE MAY 6, 2010
INTRODUCED BY Senator DeSaulnier
(Coauthor: Senator Hancock)
FEBRUARY 18, 2010
An act to add Section 101.5 to the Elections Code,
relating to voting. 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 1203, as amended, DeSaulnier. Elections.
Alcohol 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, 2013,
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.
Existing law requires that any state or local initiative petition
contain a statement, as described, notifying the public that the
petition may be circulated by either a paid or a volunteer signature
gatherer, and that the public has the right to ask.
This bill would require an individual who receives compensation to
circulate an initiative, referendum, or recall petition to wear a
badge stating, in no smaller than 30-point font, that he or she is a
"paid" signature gatherer and that identifies if and where he or she
is registered to vote. The bill would require the individual
circulating the initiative, referendum, or recall petition to wear
the badge on his or her chest in clear view of all individuals
signing or asked to sign the petition.
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," "Registered Alcohol and Other Drug Counselor" 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 having met all the requirements pursuant to
Section 11975.30, is registered by the department to practice alcohol
and other drug counseling.
(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 an unlicensed alcohol and other drug counselor
who is in the course of completing the requirements for licensure
under this part, and who having met all the requirements pursuant to
Section 11975.39, is registered with a CPTO and recognized as an
intern by the department who is preparing for licensure to practice
alcohol and drug counseling.
(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, recognized by the
department as a registrant working toward certification as a CAODC,
or an intern seeking licensure 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 supervisors 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. 21A,
2007 (TAP 21A).
(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 an organization that meets all the requirements of Section
11975.25 for the purposes of preparing and testing applicants for
registration, certification, or licensure.
(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 BPPVE (BPPVE)
or its successor agency, the BPPVE, 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) "NCCA" means the National Commission for Certifying Agencies,
which is an independent organization that establishes accreditation
standards, evaluates compliance with those standards, and recognizes
programs which demonstrate compliance with those accreditation
standards.
11975.17. (a) The department shall form a committee to seek the
advice and comments of public and private agencies and individuals
concerned with alcohol and other drug problems. The committee shall
be comprised of an equal number of licensed or certified counselors
and public members, respectively. The committee shall advise the
department on the following issues:
(1) The department's implementation of this part.
(2) Counselor education and testing issues.
(3) Unprofessional conduct issues.
(4) Disciplinary issues.
(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.
(b) 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.
(c) The members of the advisory committee shall be appointed not
later than January 1, 2013. The director shall take recommendations
from organizations, agencies, and the public when making decisions
about the membership of the committee. Each CPTO, in good standing,
may recommend a nonvoting representative to participate on the
advisory committee.
(d) The department shall provide support to the advisory committee
from fees collected pursuant to this part.
11975.18. The duties of the advisory committee established
pursuant to Section 11975.17 shall include, but not be limited to,
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.
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, 2013, issue licenses, certificates, and
registrations to recognize registrants and interns as meeting the
qualifications of this part and any regulations adopted pursuant to
this part.
(3) Take disciplinary action against all Alcohol and Other Drugs
(AOD) counselors, interns and registrants, as appropriate, including
reprimand or probation, required training or education, suspension,
or revocation of the license or certificate, or the status as a
registrant or an intern, 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 for the receipt, investigation, and
resolution of complaints made by or against registrants and certified
and licensed counselors.
(5) Maintain a database of registrants, interns, and certified and
licensed counselors, and 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, 2013, 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, 2013, 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 NCCA. 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 NCCA 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, and interns 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.
(F) (i) A CPTO has the right to appeal an adverse decision made by
the department pursuant to subparagraph (D).
(ii) Prior to filing an appeal pursuant to clause (i), the CPTO
shall request relief from the director. The director shall respond to
the request for relief within 30 days of receipt.
(iii) 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).
(8) Create a process by which a CPTO is required to submit a
request for recognition as a registrant or an intern 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 a registrant or an intern. 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.
(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.
(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
meets all the requirements for licensure, including a recommendation
and a summary of the person's qualifications, at the time the
applicant 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.
11975.25. (a) CPTO shall do all of the following:
(1) Maintain a business office in the state and notify the
department and the NCCA of that address and any changes to that
address.
(2) Be accredited with the NCCA as of January 1, 2011,
continuously maintain accreditation, including accreditation renewals
as required by the NCCA, and abide by all terms of its NCCA
accreditation, including all final documentation presented to the
NCCA 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, internship, certification, and
licensure that includes enough information to allow the CPTO to
provide the department the information required pursuant to
paragraphs (8), (9), and (10) of subdivision (c) of Section 11975.20.
(4) Comply with the requirements of this part.
(b) The department shall consider approving as a CPTO any other
organization not accredited with NCCA as of January 1, 2011, if the
department determines that the organization has gained accreditation
after that date, and the agency pays an initial review fee
established pursuant to this part. 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 (c) of Section 11975.20.
CHAPTER 3. REGISTRATION
11975.30. (a) Commencing January 1, 2013, the department shall,
within 30 business days after receiving a request for registration
for the person from a CPTO, issue a Registered Alcohol and Other Drug
Counselor (RAODC) registration to recognize as a registrant each
person who has met all of the following requirements:
(1) Completed and submitted an application for registration.
(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, but is not limited to, instruction as follows:
(A) At least eight hours of education in the subject of law and
ethics as it relates to an alcohol and other drug (AOD) counselor'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, including the scope of practice specified in Section
11975.75, 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 other 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 a statement indicating that he or she has read and
understands unprofessional conduct as that term is used in Section
11975.95.
(4) Submitted to a state and federal level criminal offender
record information search and passed both background checks as
specified in Section 11976.35.
(5) Paid the required fees as specified in Section 11977.15.
(b) (1) A registrant may provide services, including all of the
services specified in Section 11975.75, in a licensed facility or
certified program.
(2) An individual who is a member of a CPTO, has completed the
requirements in paragraphs (1) to (3), inclusive, of subdivision (a),
and has submitted a request for registration to the department, but
has not yet been recognized, may provide services, including all of
the services specified in Section 11975.75, in a licensed facility or
certified program for 30 days pending recognition by the department.
(c) A CPTO shall notify the department regarding each applicant's
completion of the requirements specified in subdivision (a).
(d) Only a person who has received recognition as a registrant or
an intern from the department may begin obtaining hours of work
experience required for certification or licensure.
(e) A registrant shall renew his or her registration at least once
every year.
11975.31. (a) All registrants shall obtain a minimum of 30 hours
of education per year working toward certification as an alcohol and
other drug (AOD) counselor from 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) The department shall revoke the registration of a registrant
who has been registered for more than five years, but has not
received certification, unless the department determines that unusual
or extenuating hardships existed for the individual to prevent him
or her from completing the requirements within the five-year period.
If the department 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 the department under this
subdivision shall be entered into its database. The CPTO shall enter
and display the information in its database within five business days
of receiving notification from the department.
CHAPTER 4. CERTIFICATION
11975.35. Commencing January 1, 2013, and until the disposition
of all complete applications actually received by the department
prior to January 1, 2016, the department shall issue a Certified
Alcohol and Other Drug Counselor (CAODC) certificate, within 90
business days after receipt of an application for a CAODC, to a
person who the department determines was certified as an alcohol and
other drug (AOD) counselor immediately preceding January 1, 2013, in
accordance with regulations of the department in effect on December
31, 2010, and who has met all of the following requirements:
(a) Completed and submitted an application for a CAODC certificate
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.
(d) Signed a statement indicating that he or she has read and
understands unprofessional conduct as that term is used in Section
11975.95.
11975.36. Commencing January 1, 2013, the department shall issue
a Certified Alcohol and Other Drug Counselor (CAODC) certificate to a
person if all of the following requirements are met:
(a) The department receives documentation pursuant to paragraph
(9) of subdivision (c) of Section 11975.20 from a CPTO that the
person has met either of the following requirements:
(1) Completed the education requirements as specified in Section
11975.45, passed the test administered by a CPTO, and completed all
other requirements, including hours of work experience required
pursuant to this section and verified by the CPTO.
(A) The education requirements shall include a minimum of 350
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 material 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) The person 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) The person submitted to a state and federal level criminal
offender record information search and passed both background checks
as specified in Section 11976.35.
(d) The person paid the required fees specified in Section
11977.15.
(e) The person completed the application for a certificate as a
CAODC and satisfied any other requirements of this part for
certification as a CAODC.
(f) The person signed a statement indicating that he or she has
read and understands what constitutes unprofessional conduct as that
term is used in Section 11975.95.
11975.37. (g) 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) of Section 11975.36. The individual applying
to the department for certification shall be responsible for meeting
the requirements of subdivisions (c), (d), (e), and (f) of Section
11975.36 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.
11975.38. The department shall issue the CAODC certificate unless
a finding is made that a particular application for certification
should be delayed or denied pursuant to the due process provisions of
this part.
CHAPTER 5. INTERNSHIPS
11975.39. (a) Commencing January 1, 2013, a CPTO shall inform the
department of each intern registered with the CPTO within 30 days of
the individual becoming registered with the CPTO. Each person
registering as an intern shall meet all of the following
requirements:
(1) Completed and submitted an application for internship. An
individual who seeks licensure as an LAODC shall be accepted as an
intern prior to either of the following:
(A) Providing alcohol and other drug counseling, unless the
individual maintains a valid certification pursuant to this part.
(B) Gaining the required hours of clinically supervised experience
required pursuant to this part.
(2) Has begun taking the coursework required to meet the
educational requirements specified in Section 11975.42.
(3) Submitted to a state and federal level criminal offender
record information search and passed both background checks as
specified in Section 11976.35.
(4) Paid the required fees as specified in Section 11977.15.
(5) Signed a statement indicating that he or she has read and
understands unprofessional conduct as that term is used in Section
11975.95.
(b) An intern shall renew his or her registration at least once
every year.
11975.40. Commencing January 1, 2013, and until the disposition
of all completed applications actually received by the department
prior to January 1, 2016, the department shall issue a Licensed
Alcohol and Other Drug Counselor (LAODC) license to a person who the
department determines was certified as an alcohol and other drug
(AOD) counselor immediately preceding January 1, 2013, in accordance
with regulations of the department in effect on that date, and who
has met either of the following requirements prior to January 1,
2013:
(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, 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 screening for co-occurring
disorders, and referral processes, which will be in accordance with
the guidelines and recommendations from the Co-Occurring Center for
Excellence (COCE) in the federal Substance Abuse and Mental Health
Services Administration (SAMHSA) and other related materials, 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
client's 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) Submitted to a state and federal level criminal offender
record information search and passed both background checks as
specified in Section 11976.35.
(5) Paid the required fees as specified in Section 11977.15.
(6) Completed the application for a license to be licensed as a
LAODC.
(7) Signed a statement indicating that he or she has read and
understands what constitutes unprofessional conduct as that term is
used in Section 11975.95.
(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.
(9) Submitted to a state and federal level criminal offender
record information search and passed both background checks as
specified in Section 11976.35.
(10) Paid the required fees as specified in Section 11977.15.
(11) Completed the application to be licensed as a LAODC.
(12) Signed a statement indicating that he or she has read and
understands what constitutes unprofessional conduct as that term is
used in Section 11975.95.
(13) Is in possession of an existing certification valid pursuant
to Section 11975.90.
11975.42. Commencing January 1, 2013, the department shall issue
a Licensed Alcohol and Other Drug Counselor (LAODC) license, to a
person if all of the following requirements are met:
(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 related clinically focused major, or an equivalent
degree recognized by the department from an institution of higher
learning.
(b) Completed all of the following:
(1) Forty hours of education in clinical supervision techniques.
(2) A minimum of 90 hours of education on operating an independent
AOD counseling practice, including the following:
(A) Thirty 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 including the scope of practice
restrictions specified in Section 11975.75, confidentiality, child
abuse assessment and reporting, issues surrounding clients' rights,
and the standards of competency for the practice of alcohol and other
drug abuse counseling.
(B) Sixty hours of education in psychopathology, including
screening for co-occurring disorders, and referral processes.
(C) Training in the use of client placement criteria, including,
but not limited to, the ASAM Patient Placement Criteria or other
validated clinical tools, to determine the most appropriate level of
care for the client and client's 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 this license and
satisfied all other requirements of this part for licensure as an
LAODC.
(i) Signed a statement indicating that he or she has read and
understands what constitutes unprofessional conduct as that term is
used in Section 11975.95.
(j) All of the hours of education required by paragraphs (1) and
(2) of subdivision (b) 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 certification, licensure, or recognition as a registrant or an
intern 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 AOD 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, skills and
knowledge required by this part including the competencies
determined by the TAP 21 for all AOD counselors and the 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 any test that
becomes compromised at any time to the department with the documented
incident and plan of action within five business days of discovering
a compromising incident.
11975.55. No later than five years after implementation of this
chapter, the department shall recognize a single test for LAODCs
after consultation with the advisory committee and public and private
agencies and individuals with expertise in alcohol and other drug
abuse counseling.
11975.60. The work experience required by this part shall meet
all of the following criteria:
(a) No hours of experience may be gained more than six years prior
to the date the application for recognition as a registrant or an
intern, or for certification or licensure, as applicable, was filed,
except as specifically provided in this part, unless a CPTO makes a
determination approved by the department 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) 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.
(c) Work experience shall not be gained prior to becoming a
registrant.
(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
in one session.
(e) 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 administrative supervision to ensure that the
registrant's or intern's work setting meets the requirements of this
part and is within the scope of practice for the profession as
specified in Section 11975.75.
(f) 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 setting that lawfully provides addiction counseling services or by
any of the following licensed professions:
(1) A physician and surgeon licensed by the Medical Board of
California.
(2) A psychologist licensed by the Board of Psychology.
(3) A clinical social worker or marriage and family therapist
licensed by the Board of Behavioral Sciences
(4) Another licensed mental health professional specified by the
department by regulation.
(g) Hours of work experience that can be credited toward the
requirements for licensure pursuant to Section 11975.42 shall meet
all of the following requirements:
(1) Two thousand eighty hours of work experience credited toward
licensure may only be acquired in a setting in which a certified or
licensed counselor, or an individual listed in paragraphs (1) to (4),
inclusive, of subdivision (f) is physically present.
(2) (A) Before beginning the remaining 1,040 hours of work
experience required for licensure, a person shall register as an
intern with a CPTO and the department. The remaining 1,040 experience
hours for licensure specified in Section 11975.42 shall be gained
under the supervision of an LAODC, or any of the following licensed
professionals:
(i) A physician and surgeon 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 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 supervisors of interns seeking
hours of work experience for licensure shall have at least 6,000
hours of direct treatment experience in substance abuse and
addiction.
(C) A person supervising an 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 an 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 subdivision
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 of interns shall be limited to
supervising no more than five supervisees in one session.
(h) (1) Supervisors who are certified counselors but who do not
hold an LAODC license or who are not listed among persons listed in
paragraphs (1) to (4), inclusive, of subdivision (f) shall complete
the following:
(A) Forty hours of education in the subject matter covered by the
TAP 21A as specified in Section 11975.45.
(B) CPTOs shall require alcohol and other drug supervisors to have
at least three years experience in a setting that lawfully and
regularly provides alcohol and other drug (AOD) counseling.
(i) 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.
(j) Work experience may be gained solely as part of the position
or positions in which the individual volunteers or is employed as an
AOD counselor carrying out the duties of an AOD counselor.
(k) 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)), or the Clinical
Social Worker Practice Act (Chapter 14 (commencing with Section
4991)) as these are set forth in 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:
(1) Armed Forces.
(2) United States government.
(3) State of California.
(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 (AOD) 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 and is listed in paragraphs (1) to (4),
inclusive, of Subdivision (f) of Section 11975.60 or who is a
Substance Abuse Professional 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 within the scope at his or her license,
registration, or certification. 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. A person who is employed by or volunteers in a
treatment program, but who is not certified or licensed, or
recognized as a registrant or intern, may respond to general
inquiries from the public or potential clients regarding the general
organization and operation of the program, the types of services
offered, site locations, clients rights, including their right to
confidentiality, and other questions that may be asked via telephone,
personal communication, or web-based contact with the program so
long as that person does not engage in the activities specified in
subdivision (c), except that he or she may provide information that
could fall under the practice delineated in paragraph (3) of
subdivision (c) if the information is of a general nature of the type
that normally appears in a brochure or Internet Web site published
by the program, and does not address any person's individual
treatment.
(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, which means 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, which means 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, which means the act of 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, which means the activities that bring
services, agencies, resources, or individuals together within a
planned framework of action toward achievement of established goals.
Case management may involve liaison activities and collateral
contacts.
(6) Crisis intervention, which means the provision of 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, which means the use of 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, which means 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, which means the provision of information to
individuals and groups concerning alcohol and other drugs of abuse
and the services and resources available.
(10) Referral, which means the process of 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, which means the documentation of
the client's progress in achieving the client's goals.
(12) Consultation with other professionals with regard to client
treatment or services and 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) Nothing in this part shall be interpreted to prohibit the
department from requiring the hiring or contractual retention of one
or more LAODCs as a condition of licensing a facility or certifying a
program. Nothing in this part shall be interpreted to authorize a
state or local governmental agency to 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, within 14 days of assessment, 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. (a) The department shall issue a license or
certification to each applicant meeting the requirements of this
part. This license or certification shall permit the holder to engage
in alcohol and other drug counseling as specified in Section
11975.75, entitle the holder to use the title of licensed counselor
or CAODC, as applicable, and authorize 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
or certification or other conditions that may be imposed by this
part. The form of the license or certification shall be determined by
the department.
(b) The department shall recognize as a registrant or an intern
each individual applicant meeting the requirements of this part. This
recognition shall permit the holder to engage in alcohol and other
drug counseling as specified in Section 11975.75, entitle the
individual to use the title of RAODC, or AOD counselor intern as
applicable, and authorize the holder to hold himself or herself out
as qualified to perform the functions delineated by this part. The
form of the registration or internship shall be determined by the
department.
11975.85. (a) A person who has received a certificate or license
under this part may use the title "Certified Alcohol and Other Drug
Counselor" or "CAODC," or "Licensed Alcohol and Other Drug Counselor"
or "LAODC," in accordance with the type of certificate 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, or Licensed Alcohol and Other Drug Counselor without
holding a license or certification, in good standing under this part,
is guilty of a misdemeanor.
(b) A person who has been recognized by the department as a
registrant under this part may use the title "Registered Alcohol and
Other Drug Counselor" or "RAODC." Every person who styles himself or
herself or who holds himself or herself out to be a RAODC without
recognition from the department in good standing under this part is
guilty of a misdemeanor.
(c) A person who has been recognized by the department as an
intern under this part may use the title "Alcohol and Other Drug
Counselor Intern" or "Intern." Every person who styles himself or
herself or who holds himself or herself out to be an Alcohol and
Other Drug Counselor Intern without recognition from the department
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 or license under this part, or has been recognized by the
department as a registrant or an intern pursuant to this part,
excluding this practice by a person who is exempt pursuant to Section
11975.70.
(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 except in a facility exempt from
licensure or certification by this division, or is licensed by the
State Department of Health Care Services or the State Department of
Public Health, or is a facility licensed or a program certified by
the department or that is an independent counseling practice. This
subdivision does not apply to a person who holds a valid, unexpired,
and unrevoked license issued by the department under this part or who
is working in an independent practice as defined by this part.
(c) Between January 1, 2013, and January 1, 2016, it is not
unlawful for a person to engage in the practice of alcohol and other
drug counseling if the person holds a valid, unexpired, and unrevoked
certification or registration in accordance with the regulations of
the department in effect immediately preceding December 31, 2010.
(d) 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.
(e) 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 registered status of a
registrant or an intern, 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 recognition as a registrant or an intern, pursuant
to Section 11976.35 or which the department finds is substantially
related to the qualifications, functions, or duties of a licensee,
certificant, intern, or registrant under this part.
(b) Securing a license, certification, or recognition from the
department as a registrant or an intern, 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
recognition as a registrant or intern, or holding a license,
certification, or recognition as a registrant or intern 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 recognition as a registrant or
intern, to conduct with safety to the public the counseling
authorized by this part. The department may deny an application for a
license, certification, or any recognition as a registrant or
intern, or may revoke the license, certification, or recognition as a
registrant or intern, 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 any recognition as a registrant or intern, 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 alcohol and other drug (AOD)
counselor or applicant for a license, certification, or recognition
as a registrant or intern, or, in the case of a an AOD counselor,
allowing any other person to use his or her license, or
certification, or registration, recognition as a registrant or
intern.
(h) Aiding or abetting any unlicensed, or uncertified person, or
any person not recognized as a registrant or intern, to engage in
conduct for which a license, certification, or recognition as a
registrant or intern, 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, or other persons who are significant to them.
(j) The commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
an AOD counselor or registrant.
(k) Soliciting or 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 treatment.
(l) (1) Engaging in a social or business relationship with a
current client, program participant, patient, or resident, a current
client's family member, or other persons significant to the client
while they are in treatment.
(2) Exploiting a former client, program participant, patient, or
resident or other person significant to a client.
(m) Performing, or holding oneself out as being able to perform,
or offering to perform, or permitting any registrant or intern under
supervision, to perform any professional services beyond the scope of
a registration or internship 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 LAODC, CAODC, registrant or intern.
Nothing in this subdivision shall prevent collaboration among two or
more AOD counselors or other professionals 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 or professional status in a manner
that is false, misleading, or deceptive.
(r) Conduct in the clinical supervision of any individual AOD
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, intern, 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 or certification,
or withdraw a recognition of a registrant or intern, 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 AOD counselor 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 recognition of a registrant or
an intern, 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 recognition
of a registrant or an intern 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 the status of a registrant or an intern, 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 recognition as a registrant or an intern, 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 recognition of a registrant or an intern.
(b) 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 a test administered by the CPTO
may within one year from the notification date of failure retake that
test in accordance with procedures established by the CPTO.
11976.35. (a) An applicant for a license, certification, or
recognition as a registrant or an intern 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 recognition as a registrant or an intern.
(b) The following procedure shall be followed for criminal
offender record information searches:
(1) 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,
certification, registration or intern 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.
(2) When received, the Department of Justice shall forward the
relevant information to the Federal Bureau of Investigation requests
for federal summary criminal history information received pursuant to
this section. The Department of Justice shall review the information
returned from the Federal Bureau of Investigation and compile and
disseminate a response to the department.
(3) 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.
(4) 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 persons described in
paragraph (1).
(5) 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.
(6) The applicant shall pay the fee for fingerprint image rolling
and electronic submission charged by the live scan device operator.
(c) Before issuing a certification or license or recognizing an
individual as a registrant or an intern, the department shall ensure
that the state and federal level criminal history of the applicant is
reviewed.
(d) The department shall deny any person's license, certification,
or the person's status as a registrant or an intern if, at the time
of the department's determination, the person meets one or more of
the following criteria:
(1) Subject to subdivisions (b) and (e), 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 more 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 or was convicted of violating
equivalent provisions of any jurisdiction outside of California.
(3) Subject to subdivisions (b) and (e), the person has been
convicted of a violent felony, as defined in subdivision (c) of
Section 667.5 of the Penal Code, within nine years prior to of the
date of the department's determination.
(e) (1) After the expiration of three years from the date of
conviction, if a person described in paragraph (1) or (3) of
subdivision (d) is on parole, he or she may be certified, licensed,
or recognized by the department as a registrant or an intern, if the
department receives the 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 alcohol and other drug (AOD) counselor and to
the department. The AOD counselor's certification or licensure or
status as a registrant or an intern 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 AOD counselor if he or she is otherwise eligible
for reinstatement under this part and complies with all applicable
requirements.
(2) Paragraph (1) shall also apply to a person convicted of a
crime that the department, by regulation, determines is substantially
related to the practice of alcohol and drug counseling.
(f) 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 receiving services from the LAODC, 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 an LAODC.
(4) The person is permitted to receive a license under provisions
of subdivision (e).
(g) The department shall, subject to subdivisions (b) and (c),
revoke the certificate or license, or the recognition as a registrant
or intern of any person convicted of any offense provided for in
subdivision (d).
(h) This section shall become operative on January 1, 2013.
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 at least 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 11976.35, 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 in writing whether he or she has been
convicted of a misdemeanor or felony described in subdivision (a) of
Section 11975.95, or if he or she has been subject to disciplinary
action since the last renewal.
(d) The department shall adopt regulations to allow 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 or the approval from the department as a registrant or
an intern, in a conspicuous place in the counselor's primary place of
business. The current renewal receipt shall be displayed near the
license or certification or the approval from the department as a
registrant or an intern.
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, CAODC, or the recognition of a registrant or
an intern shall be required to renew a license or certification, or
recognition as a registrant or an intern that has been suspended.
Renewal does not, while the license, certificate, or recognition as a
registrant or an intern remains suspended, change the terms of the
suspension and the counselor shall wait until the license,
certificate, or recognition as a registrant or an intern is
reinstated pursuant to this part before resuming the activities for
which the license, certificate, or recognition as a registrant or an
intern are required or conduct in violation of the order or judgment
by which it was suspended.
11976.80. (a) An alcohol and other drug (AOD) counselor may apply
to the department to request that his or her license, certification,
or his or her recognition as a registrant or intern be placed on
inactive status. A person who holds an inactive license or
certification or who holds an inactive recognition by the department
as a registrant or an intern shall pay a 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, and all education, and hours of work experience required
for annual registration, 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 may, upon request, have his
or her license, certification, or recognition as a registrant or an
intern, to practice AOD counseling placed on active status. A person
requesting his or her license, certification, or recognition as a
registrant or intern 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 the hours of
continuing education for licensure or certificate renewal in
proportion to those required for the entire active period for license
or certification. 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
all of the required hours of continuing education for license or
certificate renewal.
11976.85. A person licensed, certified, or recognized as a
registrant or an intern 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 recognized as a registrant
or an intern 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
recognized as a registrant or an intern pursuant to this part
alleging the procurement of a license, certification, or recognition
as a registrant or an intern 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 drrug (AOD) counselor who is in this state for either of the
following reasons:
(1) 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) AOD 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 (AOD)
counseling license or certification issued by a board of alcohol and
other drug counseling examiners or corresponding authority of another
state as long as the applicant has had substantially the equivalent
education and experience as it required by this part.
(2) Passes a current applicable test.
(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, and,
notwithstanding Section 16305.7 of the Government Code, any interest
and dividends earned on money in the fund, 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, by regulation, assess fees
relating to the licensure, certification, or recognition as a
registrant or intern of alcohol and other drug (AOD) counselors that
do not exceed the amounts necessary to cover all the department's
expenses to administer of this part.
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 a fee 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 fee.
(c) The department may establish fees based on other categories or
classifications that the department deems necessary or convenient to
maintain an effective and equitable fee structure, but that do not
exceed the costs of administering this part.
(d) The department shall review its fee annually.
(e) This section shall not establish or limit the fees charged by
a CPTO 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, and family
and child counselor, therapist,
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
licensed, certified, or certified drug, alcohol, or
drug recognized by the department as a registrant or
an intern under Part 4 (commencing with Section 11975.10) of Division
1.5 of the Health and alcohol treatment program
Safety Code . However, alcohol or other
drug abuse, or both alcohol and other 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 licensed,
certified, or recognized by the department as a registrant or an
intern 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 101.5 is added to the
Elections Code, to read:
101.5. (a) An individual who receives compensation to circulate
an initiative, referendum, or recall petition shall identify himself
or herself as a paid signature gatherer by wearing a badge stating
"PAID SIGNATURE GATHERER."
(b) An individual subject to this section shall identify the
jurisdiction in which he or she is registered to vote, by placing on
the badge required by subdivision (a), the name of the county in
California in which he or she is registered to vote. If he or she is
not registered to vote, the badge shall state "NOT REGISTERED TO
VOTE."
(c) The individual circulating an initiative, referendum, or
recall petition shall wear the badge required by subdivisions (a) and
(b) on his or her chest in clear view of all individuals signing or
asked to sign the petition.
(d) The print on the badge shall be no smaller than 30-point font.