Amended in Senate April 11, 2016

Amended in Senate March 28, 2016

Senate Bill No. 1101

Introduced by Senator Wieckowski

February 17, 2016

An act to add begin delete Part 6.5 end delete begin insert Chapter 9.7 end insert (commencing with Section begin delete 1179.80) end delete begin insert 4450) end insert to Division begin delete 1 of, end delete begin insert 2 of end insert the begin delete Health end delete begin insert Business end insert and begin delete Safety end delete begin insert Professions end insert Code, relating to alcohol and drug counselors.

LEGISLATIVE COUNSEL’S DIGEST

SB 1101, as amended, Wieckowski. Alcohol and drug counselors: regulation.

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, among other things, begin insert would establish the Alcohol and Drug Counseling Professional Bureau within the Department of Consumer Affairs, specify the bureau’s powers and duties, and authorize the bureau to adopt necessary rules and regulations. The bill end insert would prohibit begin delete any end delete begin insert a end insert person from using the title licensed alcohol and drug counselor unless the person had applied for and obtained a license from the begin delete State Department of Health Care Services end delete begin insert bureau end insert and would specify the minimum qualifications for a license, including, but not limited to, educational qualifications, being currently credentialed as an advanced alcohol and drug counselor, and having submitted to a criminal background check. The bill would provide that a license for an alcohol and drug counselor would be valid for 2 years unless at any time during that period it is revoked or suspended, that the license would be authorized to be renewed prior to the expiration of the 2-year period, and that a licensee fulfill continuing education requirements prior to renewal. The bill would also require begin delete that the license fee end delete begin insert the bureau to establish the fees end insert for an begin delete original end delete begin insert initial end insert alcohol and drug counselor license and begin delete the license end delete begin insert a end insert renewal begin delete fee be end delete begin insert license in an amount end insert reasonably related to the begin delete department’s end delete begin insert bureau’s end insert actual costs in performing its begin delete duties under this part, end delete begin insert duties, end insert but to not exceed $200.

This bill would require the begin delete department end delete begin insert bureau end insert to begin delete ensure that end delete begin insert review end insert the state and federal level criminal history of the applicant begin delete is reviewed end delete before issuing a license, and the begin delete department end delete begin insert bureau end insert would be required, with exceptions, to deny, suspend, delay, or set aside a person’s license if, at the time of the begin delete department’s end delete begin insert bureau’s end insert determination, the person has a criminal conviction or pending criminal charge relating to an offense, the circumstances of which substantially relate to actions as a licensed alcohol and drug counselor. begin delete The bill would also require the department to oversee the disciplinary actions of certifying organizations it approves, as provided. 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Chapter 9.7 (commencing with Section 4450) is
added to Division 2 of the end insert begin insert Business and Professions Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 9.7. end insert Alcohol and Drug Counseling
Professionals

 

Article begin insert 1. end insert   Administration

 

begin insert 4450. end insert   

For purposes of this chapter the following definitions
apply:

(a) “Bureau” means the Alcohol and Drug Counseling
Professional Bureau established pursuant to Section 4452.

(b) “Department” means the Department of Consumer Affairs.

(c) “Director” means the Director of Consumer Affairs.

begin insert 4451. end insert   

(a) (1) There is established within the department the
Alcohol and Drug Counseling Professional Bureau, under the
supervision and control of the director.

(2) (A) The duties of enforcing and administering this chapter
is vested in the chief, of the bureau and he or she is responsible
to the director for performing those duties.

(B) The chief shall serve at the pleasure of director.

(3) Every power granted or duty imposed upon the director
pursuant to this chapter may be exercised or performed in the
name of the director by a deputy director or by the chief, subject
to the conditions and limitations that the director may prescribe.

(b) Notwithstanding any other law, the powers and duties of
the bureau pursuant to this chapter are subject to review by the
appropriate policy committee of the Legislature.

begin insert 4452. end insert   

Protection of the public is the highest priority for the
bureau in exercising its licensing, regulatory, and disciplinary
functions. If the protection of the public is inconsistent with other
interests sought to be promoted, the protection of the public shall
be paramount.

begin insert 4453. end insert   

The bureau may adopt necessary rules and regulations
for the administration and enforcement of this chapter and the
laws subject to its jurisdiction and prescribe the form of statements
and reports provided for in this chapter. The rules and regulations
shall be adopted, amended, or repealed in accordance with the
provisions of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code).

begin insert 4454. end insert   

The director may employ and appoint all employees
necessary to properly administer the duties of the bureau in
accordance with civil service regulations.

 

Article begin insert 2. end insert   Licensing

 

begin insert 4455. end insert   

(a) No person shall use the title of licensed alcohol and
drug counselor unless the person has applied for and obtained a
license from the bureau.

(b) An applicant for an alcohol and drug counselor license shall
meet minimum qualifications that include, but are not limited to,
all of the following:

(1) Has earned a master of arts, master of science, or doctoral
degree in addiction counseling, psychology, social work,
counseling, marriage and family therapy, counseling psychology,
clinical psychology, or other clinically focused major that requires
no less than 21 semester units, or equivalent, of addiction specific
education approved by a certifying organization recognized by
the department, from an institution of higher learning accredited
by a regional accrediting agency, or a board for private
postsecondary education.

(2) Has demonstrated competence by passing a master’s level
exam accepted by a certifying organization approved by the State
Department of Health Care Services.

(3) Is currently credentialed as an advanced alcohol and drug
counselor and in good standing with a certification organization
recognized by the State Department of Health Care Services
pursuant to Section 13035 of Title 9 of the California Code of
Regulations, as that section read on January 1, 2017, and has no
history of revocation by a certifying organization, licensure board,
or certifying entity.

(4) Has documented to the certifying organization that the
applicant has completed all of the following courses:

(A) Three semester units, or the equivalent, of
psychopharmacology and physiology of addiction, including any
of the following subjects:

(i) Examination of the effects of alcohol and similar legal
psychoactive drugs to the body and behavior.

(ii) Damage to the body and behaviors.

(iii) Damage to the brain, liver, and other organs.

(iv) Tolerance, cross tolerance, and synergistic effects.

(v) Physiological differences between males and females.

(vi) Disease model, including neurobiological signs and
symptoms.

(B) Three semester units, or the equivalent, of clinical evaluation
and psychopathology, including any of the following subjects:

(i) Initial interviewing process.

(ii) Biopsychosocial assessment.

(iii) Differential diagnosis.

(iv) Diagnostic summaries.

(v) Cooccurring disorders, referral processes, and the
evaluation of clients using placement criteria, including the
American Society of Addiction Medicine patient placement criteria
or other validated clinical tools, to determine the most appropriate
level of care for the client and eligibility for admission to a
particular alcohol and other drug abuse treatment program.

(C) Three semester units, or the equivalent, of counseling
psychotherapy for addiction, including all of the following subjects:

(i) Introduction to counseling.

(ii) Introduction to techniques and approaches.

(iii) Crisis intervention.

(iv) Individual counseling focused on addiction.

(v) Group counseling.

(vi) Family counseling as it pertains to addiction treatment.

(D) Three semester units, or the equivalent, in case management,
including all of the following subjects:

(i) Community resources.

(ii) Consultation.

(iii) Documentation.

(iv) Resources for persons who are HIV positive.

(E) Three semester units, or the equivalent, of client education,
including all of the following subjects:

(i) Addiction recovery.

(ii) Psychological client education.

(iii) Biochemical and medical client education.

(iv) Sociocultural client education.

(v) Addiction recovery and psychological family education.

(vi) Biomedical and sociocultural family education.

(vii) Community and professional education.

(F) Three semester units, or the equivalent, of professional
responsibility law and ethics, including all of the following
subjects:

(i) Ethical standards, legal aspects, cultural competency,
professional growth, personal growth, dimensions of recovery,
clinical supervision, and consultation.

(ii) Community involvement.

(iii) Operating a private practice.

(G) Three semester units, or the equivalent, of supervised
fieldwork.

(5) Has submitted to both a state and federal level criminal
offender record information search pursuant to Section 4459.

begin insert 4456. end insert   

(a) For a period not to exceed one year, as determined
by the bureau, from the date the bureau commences accepting
applications for an initial license, an applicant who has a minimum
of 12,000 hours experience is not required to meet the requirements
of paragraphs (1), (2), and (4) of subdivision (b) of Section 4455.

(b) Applicants who do not meet the requirements of paragraphs
(1), (2), and (4) of subdivision (b) of Section 4455 shall sit for the
masters level exam required by paragraph (2) of subdivision (b)
of Section 4455 before the first renewal period and shall provide
proof of passing the exam to the certifying organization before
one year after the end of the first renewal period.

begin insert 4457. end insert   

(a) A license for an alcohol and drug counselor shall
be valid for two years unless at any time during that period it is
revoked or suspended. The license may be renewed prior to the
expiration of the two-year period.

(b) To qualify to renew the license, a licensee shall have
completed 36 hours of continuing education units approved by the
certification organization during the two-year license renewal
period, which shall include six hours of ethics and law, six hours
of cooccurring disorder, and three hours of cultural competency.

(c) The department may revoke a license issued pursuant to this
chapter if either of the following occurs:

(1) The licensee loses his or her credential granted by the
certifying organization.

(2) The licensee has been convicted of a felony charge that is
substantially related to the qualifications, functions, or duties of
a licensed alcohol and drug counselor. A plea of guilty or nolo
contendere to a felony charge shall be deemed a conviction for
the purposes of this paragraph.

begin insert 4458. end insert   

The bureau shall establish the fees for an initial alcohol
and drug counselor license or a renewal license in an amount
reasonably related to the department’s actual costs in performing
its duties under this chapter not to exceed two hundred dollars
($200).

begin insert 4459. end insert   

(a) Before issuing a license, the bureau shall review
both the state and federal level criminal history of the applicant.

(b) (1) (A) The department shall deny, suspend, delay, or set
aside a person’s license if, at the time of the department’s
determination, the person has a criminal conviction or criminal
charge pending, relating to an offense, the circumstances of which
substantially relate to actions as a licensed alcohol and drug
counselor.

(B) An applicant who has a criminal conviction or pending
criminal charge shall request the appropriate authorities to provide
information about the conviction or charge directly to the
department in sufficient specificity to enable the department to
make a determination as to whether the conviction or charge is
substantially related to actions as a licensed alcohol and drug
counselor.

(2) However, after a hearing or review of documentation
demonstrating that the applicant meets the specified criteria for
a waiver, the department may waive the requirements of this
subdivision if the department finds any of the following:

(A) For waiver of a felony conviction, more than five years has
elapsed since the date of the conviction. At the time of the
application, the applicant is not incarcerated, on work release, on
probation, on parole, on post-release community supervision, or
serving any part of a suspended sentence and the applicant is in
substantial compliance with all court orders pertaining to fines,
restitution, or community service.

(B) For waiver of a misdemeanor conviction or violation, at the
time of the application, the applicant is not incarcerated, on work
release, on probation, on parole, on post-release community
supervision, or serving any part of a suspended sentence and the
applicant is in substantial compliance with all court orders
pertaining to fines, restitution, or community service.

(C) The applicant is capable of practicing licensed alcohol and
drug treatment counselor services in a competent and professional
manner.

(D) Granting the waiver will not endanger the public health,
safety, or welfare.

(E) The applicant has not been convicted of a felony sexual
offense.

 

Article begin insert 3. end insert   Construction of Chapter

 

begin insert 4460. end insert   

(a) This chapter does not constrict, limit, or prohibit a
facility or program that is licensed or certified by this state, a
county-contracted alcohol and drug treatment facility or program,
or a driving-under-the-influence program from employing or
contracting with an alcohol and drug counselor who is certified
by a certifying organization accredited and approved by this state
pursuant to Chapter 8 (commencing with Section 13000) of
Division 4 of Title 9 of the California Code of Regulations as that
chapter read on January 1, 2017.

(b) This chapter does not require a facility or program licensed
or certified by this state, a county-operated or contracted alcohol
and drug treatment program or facility, or a
driving-under-the-influence program to utilize the services of an
alcohol and drug counselor licensed pursuant to this chapter.

end insert

All matter omitted in this version of the bill appears in the bill as amended in the Senate, March 28, 2016. (JR11)