BILL ANALYSIS
SB 1203
Page 1
SENATE THIRD READING
SB 1203 (DeSaulnier)
As Amended August 20, 2010
Majority vote
SENATE VOTE : Vote not relevant
ELECTIONS
(vote not relevant)
SUMMARY : Establishes the Alcohol and Other Drug Counselor
Licensing and Certification Act (Act), commencing January 1,
2013. Specifically, this bill :
1)Establishes the Act.
2)Requires the Department of Alcohol and Drug Programs (DADP)
to:
a) Administer and enforce the Act through the adoption of rules
and regulations in accordance with the rulemaking
provisions of the Administrative Procedure Act;
b) Issue licenses, certificates and registrations to recognize
registrants and interns as meeting the qualifications of
this bill and any regulations commencing January 1, 2013;
c) Take disciplinary action against Alcohol and Other Drugs
(AOD) counselors, interns and registrants, 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 $5,000;
d) Conduct an initial review of each Counselor Preparation and
Testing Organization (CPTO) and make a determination as to
whether each CPTO has met certain qualifications, as
specified, on or before January 1, 2013;
e) Inspect each CPTO, commencing January 1, 2013, as specified;
and,
f) Take disciplinary action against CPTOs, as specified.
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3)Requires a CPTO to:
a) Maintain a business office in the state and notify the DADP
and the National Commission for Certifying Agencies (NCCA)
of that address and any changes to that address;
b) Be accredited with the NCCA as of January 1, 2011, as
specified.
4)Requires DADP, commencing January 1, 2013, to issue a
Registered Alcohol and Other Drug Counselor (RAODC)
registration to a person who has meet the following
requirements:
a) Completed and submitted an application for registration;
b) Met specified educational requirements;
c) Signed a statement indicating that he or she has read and
understands unprofessional conduct as specified;
d) Submitted to a state and federal level criminal offender
record information search and passed both background
checks, as specified; and,
e) Paid the required fees.
5)Authorizes an individual who is a member of a CPTO, and has
met the application and educational requirements, but has not
yet been recognized as an RAODC, to provide services in a
licensed facility or certified program for 30 days pending
recognition by DADP.
6)Requires an RAODC to renew his or her registration every year
and obtain a minimum of 30 hours of education per year working
toward certification as an AOD counselor.
7)Requires DADP, commencing January 1, 2013, until the
disposition of all complete applications actually received
prior to January 1, 2016, to issue a Certified Alcohol and
Other Drug Counselor (CAODC) certificate, within 90 business
days after receipt of an application to a person who the DADP
determines was certified as an AOD counselor immediately
preceding January 1, 2013, in accordance with regulation, who
has met all the following requirements:
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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;
c) Paid the required fees; and,
d) Signed a statement indicating that he or she has read and
understands unprofessional conduct, as specified.
8)Requires DADP, commencing January 1, 2013 to issue a CAODC
certificate to a person who meets specified requirements.
9)Requires CPTOs to inform the DADP of each intern registered
with the CPTO within 30 days. Requires a person registering
as an intern to complete and submit an application for
internship, begin taking required coursework, submit to a
state and federal level criminal offender record information
search and passed both background checks, pay required fees,
and sign a statement indicating that he or she has read and
understands unprofessional conduct. The intern shall renew
his or her registration at least once every year.
10)Requires DADP to issue an LAODC certificate, to persons the
DADP determines were certified as an AOD counselor before
January 1, 2013, until January 1, 2016, who meet specified
requirements.
11)Sets parameters for the issuance of LAODC certificates, as
specified.
12)Sets curriculum requirements for certification, licensure or
recognition as a registrant or intern, as specified.
13)Develops minimum tests standards recognized by a CPTO.
14)Requires DADP to recognize a single test for LAODCs, as
specified, no later than five years after the implementation
of this bill.
15)Sets parameters for work experience and supervision criteria
for work experience, as specified.
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16)Specifies that nothing in this bill should be construed to
constrict, limit, or withdraw other healing arts professional
scope of practice, as specified.
17)Exempts certain classes of individuals from certain
provisions of this bill.
18)Establishes scope of practice parameters for certified and
uncertified AODs.
19)Defines alcohol and other drug abuse counseling, as
specified, and states that a licensee, certified counselor, or
registrants may only perform such counseling within facilities
or programs certified or licensed by DADP, or other
independent counseling practices, as specified.
20)Specifies that nothing in this bill shall be construed to
require a facility or program to hire LAODCs as a condition of
participating in government programs.
21)Sets parameters for licensees operating independent
counseling practices.
22)Establishes title protection for AODs, as specified.
23)Grandfathers persons engaged in the practice of alcohol and
other drug counseling, under current law, between January 1,
2013, and January 1, 2016, as specified.
24)Specifies that nothing in this bill shall be construed to
mean that counselors and staff working in a facility licensed
or certified by DADP are required to obtain a license.
25)Defines unprofessional conduct and permits DADP to deny,
revoke, suspend, or impose conditions upon a registrant or
intern for unprofessional conduct.
26)Provides DADP enforcement authority.
27)Establishes an appeal process for enforcement actions, as
specified.
28)Establishes parameters for licensure and certification
renewal.
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29)Requires an AOD to display his or her license, as specified.
30)Establishes parameters for accusations of misconduct, as
specified.
31)Permits temporary unlicensed AOD counselors under certain
circumstances, as specified.
32)Establishes the AOD Counselors License Fund in the State
Treasury for the receipt of all fees and fines.
33)Requires the DADP to establish fee parameters for the
licensure, certification, or recognition as a registrant or
intern of alcohol and other drug counselors.
34)Defines "mandated reporter," as specified, and the duties of
a mandated reporter.
35)Encourages employers, public, and private organizations to
provide mandated reporters with a statement, as specified, and
training in the duties imposed by this bill, as specified.
36)Establishes penalties for a mandated reporter who fails to
report, including a fine, jail, or both a fine and
imprisonment.
EXISTING LAW provides for the registration, certification, and
licensure of various healing arts professionals, including
setting forth the scope of practice, establishing the regulatory
boards, departments, or bureaus, and setting forth the powers
and duties of these entities.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office, "SB
1203 is an attempt to reach compromise from all stakeholders in
the AODA industry?SB 1203 creates a comprehensive overhaul of
counselor certification requirements, including more education,
supervised work requirements, specific and comprehensive
counselor testing criteria to meet federal 'best-evidence'
standards, 'grandparenting' the existing workforce, and a
'career ladder' (including a licensed counselor level) that will
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help counselors and AOD treatment programs."
Background . This bill is a reintroduction of SB 686
(DeSaulnier) of 2010, and SB 707 (DeSaulnier) of 2009,
substantially similar measures that were held in the Assembly
Natural Resources Committee and the Senate Appropriations
Committee suspense file, respectively.
Currently DADP authorizes 10 different certifying organizations
to certify counselors. Each program develops its own classroom
curriculum, training, supervisor and work experience
requirements. Background checks are not performed and there is
no central repository of counselor information, including
disciplinary action taken to suspend or revoke certification for
misconduct. DADP can direct a certifying organization to take
action against a counselor for misconduct, but there is nothing
to prevent a counselor who has had certification suspended or
revoked from obtaining certification from another organization.
This bill authorizes DADP to register, certify and license AOD
counselors in California and to charge fees to do so. This bill
creates a tiered system for counselor certification and
licensure with specific education, supervision, training and
experience criteria for each tier. This bill also requires DADP
to impose sanctions for counselor misconduct.
Alcohol and other drug dependency is a treatable condition, but
no one treatment modality is successful with all persons who
exhibit chemical dependency problems. Due to the fact that
individual problems, needs and resources vary greatly, a variety
of treatment strategies must be available. Treatments for
chemical dependency vary because there are multiple perspectives
about the condition, itself.
Most treatments focus on helping people discontinue their
alcohol or other drug intake, followed by life training and/or
social support in order to help them resist a return to
substance use. Since chemical dependency involves multiple
factors which encourage a person to continue using, they must
all be addressed in order to successfully prevent a relapse. An
example of this kind of treatment is detoxification, followed by
a combination of supportive therapy, attendance at self-help
groups, and ongoing development of coping mechanisms.
Besides being effective, treatment is widely considered to save
money by combating the problems associated with substance abuse.
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A benefit cost analysis done in conjunction with the evaluation
of Proposition 36: Substance Abuse and Crime Prevention Act of
2000, found that for every $1 invested in substance abuse
treatment, state and local governments have saved $2.50 from
reduced health care costs and crime. Other studies have found
that the per capita cost of treatment is significantly less than
the cost of incarceration. According to the Institute of
Medicine, the cost of incarceration is about $40,000 per year
compared to $12,500 and $3,100 for residential and outpatient
treatments, respectively. Despite the cost effectiveness of
substance abuse treatment programs, a substantial gap exists
between the number of people who need treatment and the number
who receive treatment.
The number of people seeking treatment who have co-occurring
mental health disorders has steadily increased in recent years,
although it is not clear if the reason is improved diagnosis of
mental disorders or a change in the population. It is estimated
that individuals with co-occurring disorders now comprise 20 to
50% of those with addiction problems. DADP has noted that, if
counselors were better qualified, they would be better prepared
to accurately identify these co-occurring disorders earlier,
treat the addiction and make appropriate referrals to treat the
co-occurring mental health disorder.
AOD counseling . AOD counselors work very closely with program
participants, patients and residents, and provide critical
services including assessments, counseling, treatment planning
and case management. Counselors are not currently required to
be certified or to have a minimum amount of education or
experience. Most treatment programs use or employ a mixture of
counselors, who have some formal education or personal
experience with alcoholism, drug addiction, and recovery.
DADP adopted counselor certification regulations in April 2005,
but they apply only to individuals providing counseling services
in an AOD program licensed or certified by DADP. To be
certified by DADP, individuals must be certified by one of the
organizations identified in the DADP regulations. In order for
a certifying organization to issue AOD program counselor
certification, the organization's certification requirements
must meet DADP's minimum standards.
Many other licensed professionals provide alcoholism and drug
abuse counseling either in a medical setting or in private
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practice. These include marriage and family therapists and
clinical social workers, who are licensed by the Board of
Behavior Sciences (BBS); psychologists, who are licensed by the
Board of Psychology; and, physicians and surgeons, including
psychiatrists, who are licensed and regulated by the Medical
Board of California.
Informational hearing . The Assembly Business and Professions
Committee reviewed
the issue of licensure of alcoholism and drug abuse counselors
at an informational hearing held on October 30, 2007. Testimony
was provided by stakeholders, including the California
Association of Alcoholism & Drug Abuse Counselors, DADP, BBS,
the Justin Foundation, the American Psychological Association,
the California Association of Marriage and Family Therapists,
and the California Association for Alcohol/Drug Educators. In
addition to industry stakeholders and regulatory agencies, a
number of community members testified before the committee.
Little Hoover Commission (LHC) Report . A March 2008 report by
the LHC titled, Addressing Addiction: Improving & Integrating
California's Substance Abuse Treatment System, describes the
effects of substance abuse on families, neighborhoods and
government coffers and recommends ways to reduce the misery and
cost of substance abuse by addressing addiction as a distinct
problem in many state-funded programs. In the report, the LHC
called for a new treatment system model that emphasizes
screening for signs of alcohol and drug abuse and early
intervention strategies, employs evidence-based strategies to
treat addiction, links state funding with improved outcomes,
standardizes counselor certification and creates multiple levels
of certification, and improves the Substance Abuse and Crime
Prevention Act, or Proposition 36, by increasing the use of
proven practices such as drug court models.
Previous legislation . AB 239 (DeSaulnier) of 2008 would have
enacted the Alcoholism and Drug Abuse Counselors Licensing Law
and would have provided for the licensing and regulation of
alcohol and drug counselors by BBS. The bill would have created
two categories of licensed alcoholism and drug abuse counselors,
a "licensed alcoholism and drug abuse counselor I,", who would
be a person licensed to practice alcoholism and drug abuse
counseling under clinical supervision, and a "licensed
alcoholism and drug abuse counselor II," who would be a person
licensed to conduct an independent practice of alcoholism and
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drug abuse counseling, and to provide supervision to other
counselors. The bill did not address counselors working in
licensed and certified facilities, they would have remained
under the jurisdiction of DADP and subject to the existing
certification process.
This bill was vetoed by the Governor who stated in his veto
message that he was directing DADP to work to craft a uniform
standard for all alcohol and drug counselors whether in private
practice or in facilities.
AB 1367 (DeSaulnier) of 2007 would have provided for the
licensing or registration and regulation of Alcoholism and Drug
Abuse Counselors, as defined, by the BBS. This bill was held in
the Assembly Appropriations Committee on the suspense.
AB 2571 (Longville) of 2004 would have created the Board of
Alcohol and Other Drugs of Abuse Professionals in the Department
of Consumer Affairs (DCA) and established requirements for
licensure of AOD abuse counselors. This bill failed passage in
the Assembly Health Committee.
AB 1100 (Longville) of 2003 would have enacted the Alcohol and
Drug Abuse Counselors Licensing Law, to be administered by BBS.
This bill was held in the Assembly Business and Professions
Committee.
SB 1716 (Vasconcellos) of 2002 would have enacted the Alcohol
and Drug Abuse Counselors Licensing Law requiring the Board of
Behavioral Sciences to license and regulate alcohol and drug
abuse counselors. This bill was held in the Assembly Business
and Professions Committee.
SB 537 (Vasconcellos) of 2001 would have required DCA to
initiate a review of the need for licensing substance abuse
counselors. This bill was vetoed by the Governor, who cited as
his reason the impact on the general fund. In his veto message,
he directed DADP to require counselors in drug and alcohol
treatment facilities to be certified for quality assurance
purposes.
AB 79 (Tucker) of 1993 would have required DCA, to approve
private organizations which certify persons working in alcohol
or other drug abuse prevention, recovery or treatment programs.
This bill was held in the Assembly Health Committee.
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Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301
FN: 0006568