BILL ANALYSIS Ó
SB 570
Page 1
SENATE THIRD READING
SB 570 (DeSaulnier)
As Amended September 3, 2013
Majority vote
SENATE VOTE :39-0
HEALTH 18-0 APPROPRIATIONS 17-0
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|Ayes:|Pan, Ammiano, Atkins, |Ayes:|Gatto, Harkey, Bigelow, |
| |Bonilla, Bonta, Chesbro, | |Bocanegra, Bradford, Ian |
| |Gomez, | |Calderon, Campos, |
| |Roger Hernández, | |Donnelly, Eggman, Gomez, |
| |Lowenthal, Maienschein, | |Hall, Holden, Linder, |
| |Mansoor, Mitchell, | |Pan, Quirk, Wagner, Weber |
| |Nazarian, Nestande, | | |
| |V. Manuel Pérez, Wagner, | | |
| |Wieckowski, Wilk | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Requires alcohol or other drug (AOD) counselors to
submit criminal background checks for review by the Department
of Health Care Services (DHCS). Specifically, this bill :
1)Requires DHCS to require organizations that certify AOD
counselors to require each person who is registered or
certified, or applies to be registered or certified, as an AOD
counselor to submit fingerprint images for a criminal
background check, effective January 1, 2015.
2)Requires DHCS to submit fingerprint images and related
information to the Department of Justice (DOJ) for purposes of
obtaining conviction and arrest records and subsequent
notification; requires DOJ to forward requests to the Federal
Bureau of Investigation; and requires DOJ to compile and
disseminate a response to DHCS, as specified.
3)Requires DOJ to charge the subject of the background check a
reasonable fee sufficient to cover the costs of processing the
criminal background check.
4)Requires DHCS to determine, based on a review of a person's
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background check information, whether to deny an application
or revoke a registration or certification. Prohibits denials
and revocations unless the conviction is substantially related
to the qualifications, functions, or duties of an AOD
counselor, and prohibits denials and revocations solely for
convictions stemming from prior use of drugs or alcohol, if a
person is rehabilitated, as specified.
5)Gives an applicant or AOD counselor the right to appeal a
denial or revocation under standard procedures for
administrative hearings.
6)Requires DHCS to charge a reasonable fee to certifying
organizations sufficient to cover the costs of its activities
under this bill and creates the Alcohol and Other Drug
Counselor Professions Fund to receive this fee revenue.
7)Requires DHCS to establish a Director's Advisory Panel with
membership selected by the Director of DHCS. Requires at
least 75% of the advisory panel's members to be certified AOD
counselors with at least five years of experience, and
requires the remaining panel members to be substance abuse
subject matter experts.
8)Allows the Director's Advisory Panel to advise DHCS on the
development of criteria, as specified, for baseline decisions
regarding AOD counselors and make recommendations regarding
disciplinary guidelines.
9)Requires an AOD counselor certifying organization to report
complaints against and known criminal convictions of an AOD
counselor to DHCS and comply with DHCS decisions regarding
disciplinary actions, including denial of a registration or
certification.
10)Requires DHCS to report any complaints made to DHCS against
an AOD counselor to the counselor's approved certifying
organization.
11)Requires DHCS to adopt regulations to implement this bill, in
consultation with a stakeholder group and the Director's
Advisory Panel. Gives DHCS authority to establish emergency
regulations, as specified.
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FISCAL EFFECT : According to the Assembly Appropriations
Committee, one-time General Fund (GF) costs of $150,000 to DHCS
to establish the panel, issue regulations, and create the
administrative processes for fee collection, complaint
reporting, and review of background checks. This cost could
potentially be offset by some level of fee revenue, if a GF loan
was made and paid back using fee revenue. Ongoing costs of
$100,000 annually (GF, potentially offset by some level of fee
revenue) to DHCS for review of background checks. Ongoing costs
to DOJ of $475,000 assuming 20,000 counselors receive background
screens annually, reimbursed by DHCS (GF, potentially offset by
some level of fee revenue). Potential fee revenue of
approximately $475,000 annually to support program activities,
if fees were charged sufficient to support the program
activities. This bill puts pressure on the GF to fund one-time
program development costs and initial start-up costs of ongoing
program activities.
COMMENTS : To meet current AOD counselor certification
requirements, a person must be certified by a private certifying
entity approved by DHCS (currently a list of six organizations
accredited by the National Commission for Certifying Agencies).
In order for a certifying entity to issue counselor
certification, its requirements must meet minimum standards:
the certifying entity must require individuals to complete at
least 155 hours of formal classroom education, as defined;
document at least 160 hours of supervised AOD program counseling
and 2,080 or more hours of work experience; and obtain a score
of at least 70% on an approved exam. Certification is valid for
two years and a counselor is required to complete 40 hours of
continuing education every two years for renewal. An individual
who is registered to become a certified AOD counselor is
currently permitted to work as a counselor for up to five years
while he or she fulfills the requirements of certification.
The author argues that the current system for AOD counselor
certification results in certification of people who have
criminal records that make them unsuitable to work as AOD
counselors, and that the system allows a counselor who is
de-certified by one organization to turn around and re-register
with one of several alternative organizations, resulting in a
lack of patient protection for an extremely vulnerable
population.
In 2013, the California Senate Office of Oversight and Outcomes
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(SOOO) published a report titled, "Suspect Treatment: State's
lack of scrutiny allows unscreened sex offenders and unethical
counselors to treat addicts." The report presents evidence that
California's system for addiction treatment allows registered
sex offenders and other serious felons, as well as counselors
facing current drug and alcohol charges and those already
revoked for misconduct, to provide treatment. The report finds
that counselors can easily flout education and training
requirements; that the system does not allow for criminal
background checks for counselors; and that the system contains
gaps that can be exploited by counselors who move between
private organizations that register and certify counselors. The
SOOO report recommends that drastic changes to California's
counselor certification system should be considered. Among a
list of many recommendations, the report recommends a
requirement for fingerprint-based criminal background checks for
anyone working as a counselor.
Analysis Prepared by : Ben Russell / HEALTH / (916) 319-2097
FN: 0002155