BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 570
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          SENATE THIRD READING
          SB 570 (DeSaulnier)
          As Amended September 6, 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  
            background check information, whether to deny an application  








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            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 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.

          8)Requires DHCS to report any complaints made to DHCS against an  
            AOD counselor to the counselor's approved certifying  
            organization.

          9)Requires DHCS to adopt regulations to implement this bill, in  
            consultation with a stakeholder group.  Gives DHCS authority  
            to establish emergency regulations, as specified.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee's analysis of a prior version of this bill, one-time  
          General Fund (GF) costs of $150,000 to DHCS to establish a panel  
          that has been removed from the current version of the bill,  
          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  








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          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  
          (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  








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          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 


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