BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1101 (Wieckowski) - Alcohol and drug counselors: regulation
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|Version: April 11, 2016 |Policy Vote: B., P. & E.D. 8 - |
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|Urgency: No |Mandate: No |
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|Hearing Date: May 16, 2016 |Consultant: Brendan McCarthy |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: SB 1101 would establish a new licensing bureau within
the Department of Consumer Affairs to license alcohol and drug
counsellors.
Fiscal
Impact:
One-time costs of about $750,000 for information technology
upgrades to the BreEze system to accommodate a new license
type (special fund). Because those costs would be incurred
before any license revenue is collected, it is assumed that
the Department of Consumer Affairs would need to loan funds
from an existing special fund source to cover those initial
costs.
Ongoing costs of $1.1 million per year for the new bureau to
perform licensing activities such as processing applications
and renewals, processing background checks, and reviewing
continuing education information (special fund).
SB 1101 (Wieckowski) Page 1 of
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Potential additional licensing and enforcement costs up to $1
million per year (special fund). The bill authorizes the new
bureau to license applicants with criminal convictions under
specified circumstances. The Department of Consumer Affairs
indicates that the criteria for waiving criminal convictions
under the bill are different and more lenient than those in
existing law that apply generally to the issuance of licenses
by Department boards and bureaus. Therefore, the Department
indicates that there are likely to be additional licensing and
enforcement costs due to those potential conflicts.
Background: Under current law, alcohol and drug counsellors are not
licensed in the state. The Department of Health Care Services
requires alcohol and drug counsellors working at certain
inpatient programs to be certified by one of three third-party
certification bodies.
Proposed Law:
SB 1101 would establish a new licensing bureau within the
Department of Consumer Affairs to license alcohol and drug
counsellors.
Specific provisions of the bill would:
Establish a new Alcohol and Drug Counseling Professional
Bureau within the Department of Consumer Affairs;
Prohibit a person from using the title "licensed alcohol
and drug counsellor" unless the person is licensed by the
new Bureau;
Establish minimum qualifications for licensure -
including having a masters or doctoral degree in one of
several specified fields, passage of a master's level exam
offered by a certifying organization, having a credential
with a certifying organization, and have completed
specified educational coursework;
For one year, exempt individuals who have 12,000 hours
of experience from the educational requirements for
licensure and but require those applicants to pass a
master's level exam before the first license renewal;
Impose continuing education requirements on licensees;
Authorize the Bureau to revoke a license under specified
circumstances;
Authorize the Bureau to assess licensing fees not to
exceed $200;
SB 1101 (Wieckowski) Page 2 of
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Require a criminal background check for license
applicants:
Generally prohibit a license from being issued to an
individual with a criminal conviction substantially
relating to counselling actions;
Authorize the Bureau to waive a criminal convictions in
certain circumstances.
Related
Legislation: In recent years, there have been several bills
proposed to license drug and alcohol counsellors, including SB
570 (DeSaulnier, 2013), AB 2007 (Williams, 2012), SB 1203
(DeSaulnier, 2010), SB 707 (DeSaulnier, 2009) and others. None
of those bills were enacted.
Staff
Comments: Under current law, state licensing boards and bureaus
enforce both "practice acts" and "title acts" in the licensing
of professions. Practice acts require licensed professionals to
obtain a professional license (generally by meeting certain
educational requirements and/or passage of examinations). In
addition, practice acts impose requirements on the practice of
the profession by licensees. For example, practice acts may
impose professional responsibilities, requirements for
protection of the public, continuing education responsibilities,
and other requirements. On the other hand, title acts simply
permit professionals who meet certain requirements to use a
title and prohibit those who have not met those standards from
using the specified title. Title acts generally do not impose
professional requirements on licensed professionals. This bill
establishes title protection for Licensed Alcohol and Drug
Counsellors but does not impose full practice act requirements
on the practice of such counsellors.
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