BILL NUMBER: SB 570 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 6, 2013
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 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 , commencing January 1, 2015, to require each
person who applies to an approved certifying organization to become
registered or certified as an alcohol or other drug
counselor (AOD counselor) or any AOD counselor who is registered
or certified as of January 1, 2015, to submit to a criminal
background check, as specified. 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 th e 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. The bill would require
the department State Department of Health
Care Services 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 , and would authorize the
panel to advise the department on the development of criteria
for baseline decisions regarding AOD counselors, as these decisions
relate to criminal background checks , to review the results of
criminal background results, and to make recommendations to the
department regarding the criteria for disciplinary guidelines .
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.
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
registered or certified as an alcohol or other drug
counselor by an approved certifying organization .
(b) "Approved certifying organization" means an organization that
the department has approved to register and 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. 11999.43.
11999.41. In order to protect consumers utilizing
alcohol and drug abuse treatment services, the (a)
Commencing January 1, 2015, the
department shall require approved certifying organizations to require
each person who applies to become registered or certified
as an AOD counselor or any AOD counselor who is registered or
certified as an AOD counselor as of January 1, 2015, to submit
to a criminal background check via LiveScan, identifying the
department as the recipient.
(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:
(1) The existence and content of a record of state or federal
convictions and state or federal arrests.
(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.
(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.
(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.
(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).
(f) The Department of Justice shall charge a reasonable fee
sufficient to cover the cost of processing the request described in
this section.
11999.42. 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.
11999.42. 11999.43. 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 of 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 may 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
(1) Consistent with any applicable
regulations established pursuant to Section 11999.42, 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 or AOD counselor and the circumstances that
would allow for registration or certification of an
applicant or AOD counselor , notwithstanding an applicant'
s or AOD counselor'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.
(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.
(5)
(3) 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. 11999.44. An approved
certifying organization shall do both all
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 registration or
certification.
(c) Report any known criminal convictions of an AOD counselor to
the department.
11999.44. 11999.45. The department
shall report any complaints made to the department against an AOD
counselor to the approved certifying organization that conferred the
individual's registration or 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.