BILL NUMBER: SB 570 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 27, 2013
AMENDED IN SENATE MAY 24, 2013
AMENDED IN SENATE APRIL 16, 2013
INTRODUCED BY Senator DeSaulnier
FEBRUARY 22, 2013
An act to add Section 6253.32 to the Government Code,
relating to public records. Division 10.11 (commencing
with Section 11999.40) to the Health and Safety Code, relating to
alcohol and other drug counselors.
LEGISLATIVE COUNSEL'S DIGEST
SB 570, as amended, DeSaulnier. Public records: copy
charges: retrieval. Alcohol and other drug counselors.
Existing law provides for the registration, certification, and
licensure of various healing arts professionals. Existing law
provides for various programs to eliminate alcohol and drug abuse,
and states the finding of the Legislature that state government has
an affirmative role in alleviating problems related to the
inappropriate use of alcoholic beverages and other drug use.
This bill would require the State Department of Health Care
Services to require each person who applies to an approved certifying
organization to become certified as an alcohol or other drug
counselor (AOD counselor) to submit to a criminal background check,
as specified. The bill would require the department to establish the
Director's Advisory Panel for purposes, among other things, of
reviewing the results of the criminal background checks, reviewing
complaints made against AOD counselors, and advising the department
on the development of criteria for baseline decisions regarding AOD
counselors, as these decisions relate to criminal background checks.
The bill would require the department and approved certifying
organizations to share specified information.
This bill would require the department to contract to have an
occupational analysis for the profession of alcohol and other drug
counseling completed no later than January 1, 2015.
The California Public Records Act provides that any person may
receive a copy of any identifiable public record from any state or
local agency upon payment of fees covering direct costs of
duplication or a statutory fee if applicable.
This bill would prohibit a public agency from charging for copies
of records available in portable digital format (PDF), or for a copy
of data that is extracted from a database, if new programming is not
required to extract the data.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Division 10.11 (commencing with Section
11999.40) is added to the Health and Safety Code
, to read:
DIVISION 10.11. Alcohol and Other Drug Counselors
11999.40. For purposes of this division, the following
definitions apply:
(a) "AOD counselor" means a person who has been certified as an
alcohol or other drug counselor.
(b) "Approved certifying organization" means an organization that
the department has approved to certify AOD counselors.
(c) "Department" means the State Department of Health Care
Services.
(d) "Director" means the Director of Health Care Services.
(e) "Panel" means the Director's Advisory Panel established
pursuant to Section 11999.42.
11999.41. In order to protect consumers utilizing alcohol and
drug abuse treatment services, the department shall require approved
certifying organizations to require each person who applies to become
certified as an AOD counselor to submit to a criminal background
check via LiveScan, identifying the department as the recipient.
11999.42. The department shall establish the Director's Advisory
Panel.
(a) The director shall select the members of the panel in
accordance with the following:
(1) Each panel member shall be a certified AOD counselor and have
at least five years experience in alcohol and drug treatment
services.
(2) Each panel member shall submit to a criminal background check
via LiveScan for review by the director prior to being selected for
the panel.
(b) The panel shall do all of the following:
(1) Review LiveScan results pursuant to Section 11999.41, and
advise the director as to whether the applicant should be accepted,
based on the LiveScan results.
(2) Review complaints made against AOD counselors and advise the
director with respect to disciplinary actions, including revocation,
suspension, and referral for criminal prosecution.
(3) For purposes of improving quality assurance in the profession
of alcohol and other drug abuse counseling, advise the department on
the development of criteria for baseline decisions regarding AOD
counselors, as these decisions relate to criminal background checks.
These criteria may include, but are not limited to, the circumstances
that would warrant the automatic rejection of an applicant and the
circumstances that would allow for certification of an applicant,
notwithstanding an applicant's prior criminal conviction.
(4) Make recommendations to the department regarding the initial
entry into the profession of counseling and continuing participation
in the profession.
(5) Make recommendations to the department regarding criteria for
disciplinary guidelines.
(6) Make recommendations to the department for creating systems
for sharing information about violators between the department and
approved certifying organizations.
11999.43. An approved certifying organization shall do both of
the following:
(a) Report complaints made against an AOD counselor to the
department, and assist in documenting these complaints.
(b) Comply with the department's decisions, based upon the panel's
recommendations, regarding disciplinary actions, including initial
denial of a certification.
(c) Report any known criminal convictions of an AOD counselor to
the department.
11999.44. The department shall report any complaints made to the
department against an AOD counselor to the approved certifying
organization that conferred the individual's certification and assist
that organization in documenting the complaint.
11999.45. The department shall contract to have an occupational
analysis for the profession of alcohol and other drug counseling
completed no later than January 1, 2015. This analysis shall include
an examination of the varying levels of certification and licensure
of individuals providing counseling services, and an examination of
how these varying levels affect the implementation of the California
Health Benefit Exchange. This analysis also shall define scopes of
practice for common levels of certification in the profession.
SECTION 1. Section 6253.32 is added to the
Government Code, to read:
6253.32. Notwithstanding any other law, a public agency shall not
charge for copies of records under either of the following
circumstances:
(1) The records are available in portable digital format (PDF).
(2) The records consist of data extracted from a database, if new
programming is not required to extract the data.