Amended in Assembly August 6, 2013

Amended in Assembly June 27, 2013

Amended in Senate May 24, 2013

Amended in Senate April 16, 2013

Senate Bill No. 570

Introduced by Senator DeSaulnier

February 22, 2013

An act to add 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. 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 begin insert , commencing January 1, 2015, end insert to require each person who applies to an approved certifying organization to become begin insert registered or end insert certified as an alcohol or other drug counselor (AOD counselor) begin insert or any AOD counselor who is registered or certified as of January 1, 2015, end insert to submit to a criminal background check, as specified. begin insert The bill would require the State Department of Health Care Services to submit to the Department of Justice fingerprint images and related information for the purpose of obtaining information as to the existence of past criminal conduct, as specified. The bill would require the Department of Justice to obtain specified information from the Federal Bureau of Investigation with respect to an applicant’s or AOD counselor’s past criminal conduct, and to provide this information to the State Department of Health Care Services. The bill would require the Department of Justice to charge a reasonable fee sufficient to cover the cost of processing the criminal background check request. The bill would authorize the State Department of Health Care Services to establish regulations to implement the provisions described in the bill, including establishing an application fee to be charged to the certifying organization for each applicant or AOD counselor requesting a background check. end insert The bill would require the begin delete department end delete begin insert State Department of Health Care Services end insert to establish the Director’s Advisory Panel begin delete for purposes, among other things, of reviewing the results of the criminal background checks, reviewing complaints made against AOD counselors, and advising end delete begin insert , and would authorize the panel to advise end insert the department on the development of criteria for baseline decisions regarding AOD counselors, as these decisions relate to criminal background checks begin insert , to review the results of criminal background results, and to make recommendations to the department regarding the criteria for disciplinary guidelines end insert . The bill would require the department and approved certifying organizations to share specified information.

begin delete

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.

end delete

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 begin delete who has been end delete begin insert registered
or end insert certified as an alcohol or other drug counselor begin insert by an approved
certifying organization end insert .

(b) “Approved certifying organization” means an organization
that the department has approved to begin insert register and end insert 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 begin delete 11999.42. end delete begin insert 11999.43. end insert

11999.41.  

begin delete In order to protect consumers utilizing alcohol and
drug abuse treatment services, the end delete begin insert (a) end insert begin insert   end insert begin insert Commencing January 1,
2015, the end insert department shall require approved certifying
organizations to require each person who applies to become
begin insert registered or end insert certified as an AOD counselor begin insert or any AOD counselor
who is registered or certified as an AOD counselor as of January
1, 2015, end insert to submit to a criminal background check via LiveScan,
identifying the department as the recipient.

begin insert

(b) For persons described in subdivision (a), the department
shall electronically submit to the Department of Justice fingerprint
images and related information required by the Department of
Justice for the purpose of obtaining both of the following:

end insert begin insert

(1) The existence and content of a record of state or federal
convictions and state or federal arrests.

end insert begin insert

(2) Information as to 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
recognizance pending trial or appeal.

end insert begin insert

(c) The Department of Justice shall forward 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.

end insert begin insert

(d) The Department of Justice shall provide a state or federal
response to the department pursuant to subdivision (p) of Section
11105 of the Penal Code.

end insert begin insert

(e) The department shall request from the Department of Justice
subsequent notification service, as provided pursuant to Section
11105.2 of the Penal Code, for persons described in subdivision
(a).

end insert begin insert

(f) The Department of Justice shall charge a reasonable fee
sufficient to cover the cost of processing the request described in
this section.

end insert

begin insert

begin insert 11999.42. end insert   

The department may establish by regulation both
of the following:

(a) Criteria to implement this division, which may include, but
is not limited to, standards, exemptions, and terms of rehabilitation
for eligibility to become or to continue to be registered or certified
as an AOD counselor, including rebuttable presumptions with
respect to the acceptance or rejection of an applicant or an AOD
counselor with a prior criminal conviction.

(b) A reasonable application fee to be charged to the certifying
organization for each applicant or AOD counselor requesting a
background check, not to exceed the reasonable cost of
implementing this division.

end insert

begin delete 11999.42. end delete
begin insert 11999.43. end insert   

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 begin insert of end insert 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 begin delete shall end delete begin insert may end insert do all of the following:

begin delete

(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.

end delete begin delete

(3) For purposes of improving quality assurance in the
profession of alcohol and other drug abuse counseling, advise

end delete

begin insert (1) end insert begin insert   end insert begin insert Consistent with any applicable regulations established
pursuant to Section 11999.42, advise end insert 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 begin insert or AOD
counselor end insert and the circumstances that would allow for begin insert registration
or end insert certification of an applicant begin insert or AOD counselor end insert , notwithstanding
an applicant’s begin insert or AOD counselor’s end insert prior criminal conviction.

begin delete

(4) Make recommendations to the department regarding the
initial entry into the profession of counseling and continuing
participation in the profession.

end delete begin insert

(2) Based on the criteria developed pursuant to paragraph (1),
at the department’s request, review an applicant’s or AOD
counselor’s LiveScan results and provide a recommendation to
the director regarding an applicant’s or AOD counselor’s
qualifications to receive a registration or certification.

end insert begin delete

(5)

end delete

begin insert (3) end insert  Make recommendations to the department regarding criteria
for disciplinary guidelines.

begin delete

(6) Make recommendations to the department for creating
systems for sharing information about violators between the
department and approved certifying organizations.

end delete

begin delete 11999.43. end delete
begin insert 11999.44. end insert   

An approved certifying organization shall do begin delete both end delete
begin insert all end insert 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 begin delete , based upon the
panel’s recommendations, end delete regarding disciplinary actions, including
initial denial of a begin insert registration or end insert certification.

(c) Report any known criminal convictions of an AOD counselor
to the department.

begin delete 11999.44. end delete
begin insert 11999.45. end insert   

The department shall report any complaints made
to the department against an AOD counselor to the approved
certifying organization that conferred the individual’s begin insert registration
or end insert certification and assist that organization in documenting the
complaint.

begin delete

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.

end delete