BILL NUMBER: SB 707 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 23, 2009
AMENDED IN SENATE APRIL 22, 2009
INTRODUCED BY Senator DeSaulnier
(Coauthor: Assembly Member Beall)
FEBRUARY 27, 2009
An act to add Part 4 (commencing with Section 11975.10) to
Division 10.5 of, and to repeal Section 11975.30 of, the
Health and Safety Code, 10.5 of the Health and Safety
Code, to amend Section 11165.7 of the Penal Code, and to
amend Section 15630 of the Welfare and Institutions Code, relating to
public health.
LEGISLATIVE COUNSEL'S DIGEST
SB 707, as amended, DeSaulnier. Alcohol and other drug counselor
licensing and certification.
Existing law provides for the licensure, registration, and
certification of the various healing arts professionals, including,
but not limited to, setting forth the scope of practice, establishing
the regulatory boards, department, or bureaus, and setting forth the
powers and duties of these entities.
This bill would establish similar licensure, registration, and
certification provisions relating to alcohol and other drug
counselors to be administered by the State Department of Alcohol and
Drug Programs, and would authorize the department to commence issuing
these licenses, registrations, and certificates on January 1,
2011 2012 . The bill would make a
violation of these provisions a crime. The bill would authorize the
department to assess related fees, and would require deposit of the
fees into the Alcohol and Other Drug Counselor License Fund, which
the bill would establish for expenditure for the purposes of this
bill, upon appropriation by the Legislature.
By establishing a new crime, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Part 4 (commencing with Section 11975.10) is added to
Division 10.5 of the Health and Safety Code, to read:
PART 4. Alcohol and other Drug Counselor Licensing and
Certification
CHAPTER 1. GENERAL PROVISIONS
11975.10. (a) This part shall be known, and may be cited, as the
Alcohol and Other Drug Counselor Licensing and Certification Act.
(b) This part shall be liberally construed to achieve its
objectives.
11975.15. For purposes of this part, the following terms have the
following meanings:
(a) "Certified Alcohol and Other Drug Counselor" or "CAODC" means
a person certified by the department pursuant to Section 11975.35 or
11975.36 to practice alcohol and drug counseling under
clinical supervision in a program licensed or certified by
the department under this division.
(b) "Certified Alcohol and Other Drug Counselor-Advanced" or
"CAODC-A" means a person certified by the department pursuant to
Section 11975.37 or 11975.38 to practice alcohol and drug counseling
in a program licensed or certified by the department under this
division.
(c)
(b) "Certified Alcohol and Other Drug
Counselor-Clinical Supervisor" or "CAODC-CS" means a person certified
by the department pursuant to Section 11975.39 or 11975.40 to
practice alcohol and drug counseling in a program licensed or
certified by the department under this division, and who may provide
clinical supervision to registrants , CAODCs, and CAODC-As.
and CAODCs.
(d)
(c) "Licensed Alcohol and Other Drug Counselor" or
"LAODC" means a person licensed by the department pursuant to Section
11975.41 or 11975.42 to practice alcohol and other drug counseling,
and who may provide clinical supervision to any other person
licensed, certified, or registered under this part , and
who may maintain an independent counseling practice outside of a
program licensed or certified by the department pursuant
to this division .
(e)
(d) "Clinical supervision" means the ongoing process in
which the supervisor participates with one or more supervisees to
ensure high quality service delivery across domains of counselor
development, professional and ethical standards, program development,
quality assurance, performance evaluation, and administration, as
described in "Competencies for Substance Abuse Treatment Clinical
Supervisors," Technical Assistance Publication Series No. 21-A, 2007,
published by the United States Department of Health and Human
Services, Substance Abuse and Mental Health Services Administration
Center for Substance Abuse Treatment, or other sources as the
department may specify by regulation.
(f)
(e) "Advertise" includes, but is not limited to, the
issuance of any card, sign, or device to any person, or the causing,
permitting, or allowing of any sign or marking on or in any building
or structure, or in any newspaper or magazine or in any directory, or
any printed matter, with or without any limiting qualification. It
also includes business solicitations communicated by radio or
television broadcasting, the Internet, or any other electronic
medium.
(g)
(f) "Registrant" means an uncertified or unlicensed
person who is in the course of completing the requirements for
certification or licensure under this part and is registered with the
department who has completed no less than 12 semester units or 18
quarter units of the education required under this part.
(h) "Supervision"
(g) "Clinical supervision" means
responsibility for, and control of, the quality of alcohol and other
drug counseling services being provided. Consultation or peer
discussion shall not be considered to be clinical
supervision. "Supervisee" means a registrant or certified or licensed
counselor under this part, as the case may be, who is seeking to
meet the supervised experience requirements of this part.
CHAPTER 2. ADMINISTRATION
11975.20. (a) The department shall administer and enforce this
part.
(b) The department may enter into an agreement with any
governmental agency or other entity, public or private, to administer
any portion of this part.
11975.25. In order to carry out the provisions of this part, the
department shall do, but shall not be limited to, all of the
following:
(a) Adopt rules and regulations as necessary to administer and
enforce this part. The adoption, amendment, and repeal of those rules
and regulations shall be made in accordance with the rulemaking
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).
(b) Develop standards for registration, certification, and
licensure of alcohol and other drug counselors, including those
persons presently certified pursuant to regulations adopted by the
department so that they have an opportunity for certification or
licensure under this part with appropriate credit for the education,
training, and experience obtained prior to the department's
implementation of this part. The department shall establish
may, on or after January 1, 2015, establish voluntary
standards for multiple advanced
levels of alcohol and other drug counselors and may
establish subspecialties with distinct requirements.
(c) Issue licenses, certificates, and registrations beginning
January 1, 2011 2012 , to those who
meet the qualifications of this part and any regulations promulgated
pursuant to this part.
(d) Take disciplinary action against counselors where appropriate,
including reprimand or probation, suspension, or revocation of the
license, certificate, or registration, issuance of administrative
citations, or imposition of administrative fines not to exceed five
thousand dollars ($5,000), or any combination of these.
(e) Establish continuing education requirements.
(f) Establish procedures for the receipt, investigation, and
resolution of complaints.
(g) Establish criteria to determine whether the curriculum of an
educational institution satisfies the requirements imposed by this
part.
(h) Establish parameters of unprofessional conduct that are
consistent with generally accepted ethics codes for the profession.
(i) Establish reinstatement procedures for an expired or revoked
certificate or license.
(j) Establish registration and clinical supervision
requirements for registrants, including those persons presently
registered pursuant to regulations adopted by the department, so that
they have an opportunity for registration, certification, and
licensure under this part with appropriate credit for the education,
training, and experience obtained prior to the department's
implementation of this part.
(k) Develop or adopt one or more examinations for administering to
prospective certificants and licensees. The test may be administered
by the department or by any public or private entity selected by the
department.
(l) Maintain a database of certified and licensed counselors and
registrants, including the individual's status, any public record of
discipline, and other information as the department may require.
(m) Establish an advisory committee composed of one or more
representatives of consumers, counselors, counselor employers,
counties, educators, referral sources, and other persons as the
director may determine, which shall meet at least two times per year
and which shall make recommendations to the department concerning
curriculum, criminal background checks, unprofessional conduct, and
other matters as the department may refer to the committee.
CHAPTER 3. LICENSING AND CERTIFICATION
11975.30. (a) The department shall certify or license, at the
appropriate level specified in Section 11975.36, 11975.38,
11975.40, or 11975.42, as applicable, each person who the
department determines was certified as a counselor on December 31,
2010 2011 , in accordance with
regulations of the department in effect on that date.
(b) Certification or licensure provided pursuant to this section
shall be in force for at least two, but not more than four, years, as
the department may determine by regulation and shall, thereafter, be
renewable in the same manner as any other certification or licensure
pursuant to this part.
(c) The registration, certification, or licensure issued pursuant
to this section shall be subject to all of the same actions to deny,
suspend, revoke, or condition any other registration, certificate, or
license under this part.
(d) The department shall specify by regulation the conditions
under which persons registered to become certified, pursuant to the
department's regulations in effect on December 31, 2010
2011 , may be eligible to be registered or
certified under this part and receive appropriate credit for
education, supervised experience, and work experience previously
completed.
(e) The department shall not issue a registration, certification,
or license pursuant to this section unless a complete application is
received by December 31, 2013 2014 .
11975.35. Commencing January 1, 2011 2012
, the department shall issue a Certified Alcohol and Other
Drug Counselor (CAODC) certificate to each person who meets all of
the following requirements:
(a) Meets either of the following:
(1) Completes 350 hours of education as specified in Section
11975.45 and possesses a high school diploma or GED.
(2) Possesses an earned associate of arts, associate of science in
alcohol and drug counseling, or other clinically focused
major or an equivalent degree recognized by the department by
regulation, from an institution of higher learning accredited by the
Western Association of Schools and Colleges or an equivalent
regional accrediting agency approved by the United States
Department of Education.
(b) Completes both of the following:
(1) Six hours of education in the subject of law and ethics as it
relates to a licensee's ability to practice alcoholism and drug abuse
counseling safely. This education may include, but shall not be
limited to, education in the legal and regulatory aspects of chemical
dependency treatment, regulatory restrictions, confidentiality,
issues surrounding clients' rights, and standards of competency for
the practice of alcoholism and drug abuse counseling.
(2) Ten hours of education in the recognition of cooccurring
disorders, referral processes, and the evaluation of clients using
placement criteria, such as the American Society of Addiction
Medicine (ASAM) 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 alcoholism
and drug abuse treatment program.
(b)
(c) Passes the test specified in Section 11975.50.
(c)
(d) Completes 250 hours of supervised experience as
specified in Section 11975.55.
(d)
(e) Completes 2,080 hours of work experience as
specified in Section 11975.60.
(e)
(f) Submits to a state and federal level criminal
offender record information search and passes both background checks
as specified in Section 11976.45.
(f)
(g) Pays the required fees as set by the department.
(g)
(h) Completes the application for a certificate and
satisfies all other requirements of this part for certification as a
CAODC.
11975.36. Commencing January 1, 2011 2012
, and ceasing with the disposition of all complete applications
actually received by the department by December 31, 2013
2014 , the department shall issue a Certified
Alcohol and Other Drug Counselor (CAODC)/ Previously Certified
certificate pursuant to Section 11975.30 to each person who the
department determines was certified as a counselor on December 31,
2010 2011 , in accordance with
regulations of the department in effect on that date, and who meets
all of the following requirements:
(a) Submits to a state and federal level criminal offender record
information search not later than June 30, 2011
2012 , and passes both background checks as specified in
Section 11976.45.
(b) Pays the required fees as set by the department.
(c) Completes the application for a certificate.
11975.37. Commencing January 1, 2011, the department shall issue
a Certified Alcohol and Other Drug Counselor-Advanced (CAODC-A)
certificate to each person who meets all of the following
requirements:
(a) Meets either of the following:
(1) Possesses an earned Bachelor of Arts, Bachelor of Science in
alcohol and drug counseling, or other major or an equivalent degree
recognized by the department by regulation, from an institution of
higher learning accredited by the Western Association of Schools and
Colleges or an equivalent regional accrediting agency approved by the
United States Department of Education.
(2) Completes 10,000 hours of work experience as specified in
Section 11975.60, within a period not exceeding 10 years prior to the
date the application for certification was filed and possesses a
high school diploma or GED.
(b) Passes the test specified in Section 11975.50.
(c) Completes 400 hours of supervised experience as specified in
Section 11975.55. Up to 250 hours credited to obtain a CAODC
certificate may be applied toward this requirement.
(d) Completes 2,080 hours of work experience as specified in
Section 11975.60.
(e) Submits to a state and federal level criminal offender record
information search and passes both background checks as specified in
Section 11976.45.
(f) Pays the required fees as set by the department.
(g) Completes the application for a certificate and satisfies all
other requirements of this part for certification as a CAODC-A.
11975.38. Commencing January 1, 2011, and ceasing with the
disposition of all complete applications actually received by the
department by December 31, 2013, the department shall issue a
Certified Alcohol and Other Drug Counselor-Advanced (CAODC-A)/
Previously Certified certificate pursuant to Section 11975.30 to each
person who the department determines was certified as a counselor on
December 31, 2010, in accordance with regulations of the department
in effect on that date, and who meets all of the following
requirements:
(a) Submits to a state and federal level criminal offender record
information search not later than June 30, 2011, and passes both
background checks as specified in Section 11976.45.
(b) Pays the required fees as set by the department.
(c) Completes the application for a certificate.
(d) Prior to January 1, 2011, meets the requirements of Section
11975.37, or possesses an advanced certification issued by one of the
certifying organizations recognized by the department under its
regulations in effect on December 31, 2010, which certification the
department determines by regulation makes the holder eligible for
certification at the CAODC-A level.
11975.39. Commencing January 1, 2011 2012
, the department shall issue a Certified Alcohol and Other
Drug Counselor-Clinical Supervisor (CAODC-CS) certificate to each
person who meets all of the following requirements:
(a) Meets both of the following:
(1) Possesses an earned Bachelor of Arts, Bachelor of Science in
alcohol and drug counseling, or other clinically focused
major or an equivalent degree recognized by the department by
regulation, from an institution of higher learning accredited by the
Western Association of Schools and Colleges or an equivalent
regional accrediting agency approved by the United States
Department of Education.
(2) Completes 40 hours of continuing education specifically
directed to the competencies of clinical supervision, as approved by
the department.
(2) Completes all of the following:
(A) Forty hours of education in clinical supervision techniques.
(B) Six hours of education in the subject of law and ethics as it
relates to a licensee's ability to practice alcoholism and drug abuse
counseling safely. This education may include, but shall not be
limited to, education in the legal and regulatory aspects of chemical
dependency treatment, regulatory restrictions, confidentiality,
issues surrounding clients' rights, and standards of competency for
the practice of alcoholism and drug abuse counseling.
(C) Ten hours of education in the recognition of cooccurring
disorders, referral processes, and the evaluation of clients using
placement criteria, such as the ASAM 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 alcoholism and drug abuse treatment program.
(b) Passes the test specified in Section 11975.50.
(c) Completes 550 hours of supervised experience as specified in
Section 11975.55. Up to 400 hours credited to obtain a
CAODC-A certificate, that may include up to 250 hours
credited to obtain a CAODC certificate,
certificate may be applied toward this requirement.
(d) Completes 2,080 hours of work experience as specified in
Section 11975.60.
(e) Submits to a state and federal level criminal offender record
information search and passes both background checks as specified in
Section 11976.45.
(f) Pays the required fees as set by the department.
(g) Completes the application for a certificate and satisfies all
other requirements of this part for certification as a CAODC-CS,
including any additional requirements specified by the department
related to clinical supervision.
11975.40. Commencing January 1, 2011 2012
, and ceasing with the disposition of all complete
applications actually received by the department by December 31,
2013 2014 , the department shall issue a
Certified Alcohol and Other Drug Counselor-Clinical Supervisor
(CAODC-CS)/ Previously Certified certificate pursuant to Section
11975.30 to each person who the department determines was certified
as a counselor on December 31, 2010 2011
, in accordance with regulations of the department in effect on
that date, and who meets all of the following requirements:
(a) Submits to a state and federal level criminal offender record
information search not later than June 30, 2011
2012 , and passes both background checks as specified in
Section 11976.45.
(b) Pays the required fees as set by the department.
(c) Completes the application for a certificate.
(d) Prior to January 1, 2011 2012 ,
complies with all one or more of the
following:
(1) Meets the requirements of Section 11975.39.
(2) Possesses an advanced certification issued by one of the
certifying organizations recognized by the department under its
regulations in effect on December 31, 2010
2011 , which certification the department determines by
regulation makes the holder eligible for certification at the
CAODC-CS level.
(3) (A) Completes
10,000 Completes both of the following:
(A) Ten thousand hours of work
experience in clinical supervision as specified in Section 11975.60,
within a period not exceeding 10 years prior to the date the
application for certification was filed.
(B) Completes 40 Forty hours of
continuing education specifically directed to the competencies of
clinical supervision, as approved by the department.
11975.41. Commencing January 1, 2011 2012
, the department shall issue an Licensed Alcohol and Other
Drug Counselor (LAODC) license to a person who meets all of the
following requirements:
(a) Possesses an earned master of arts, master of science, or
doctorate degree in alcohol and drug counseling, psychology,
or social work, or other clinically focused
major or an equivalent degree recognized by the department by
regulation, from an institution of higher learning accredited by the
Western Association of Schools and Colleges or an equivalent
regional accrediting agency approved by the United States
Department of Education.
(b) Completes a course of education as specified in paragraph (3)
of subdivision (b) of Section 11976.50 specifically directed to the
competencies of clinical supervision.
(b) Completes all of the following:
(1) Forty hours of education in clinical supervision techniques.
(2) Six hours of education in the subject of law and ethics as it
relates to a licensee's ability to practice alcoholism and drug abuse
counseling safely. This education may include, but shall not be
limited to, education in the legal and regulatory aspects of chemical
dependency treatment, regulatory restrictions, confidentiality,
issues surrounding clients' rights, and standards of competency for
the practice of alcoholism and drug abuse counseling.
(3) Ten hours of education in the recognition of cooccurring
disorders, referral processes, and the evaluation of clients using
placement criteria, such as the ASAM 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 alcoholism and drug abuse treatment program.
(c) Passes the test specified in Section 11975.50.
(d) Completes 2,000 3,200 hours of
supervised experience as specified in Section 11975.55.
(e) Completes 6,000 4,800 hours of
work experience as specified in Section 11975.60.
(f) Submits to a state and federal level criminal offender record
information search and passes both background checks as specified in
Section 11976.45.
(g) Pays the required fees as set by the department.
(h) Completes the application for a license and satisfies all
other requirements of this part for licensure as an LAODC.
11975.42. Commencing January 1, 2011 2012
, and ceasing with the disposition of all complete
applications actually received by the department by December 31,
2013 2014 , the department shall issue
a Licensed Alcohol and Other Drug Counselor (LAODC)/ Previously
Certified Counselor license pursuant to Section 11975.30 to each
person who the department determines was certified as a counselor on
December 31, 2010 2011 , in accordance
with regulations of the department in effect on that date, and who
meets all of the following requirements:
(a) Submits to a state and federal level criminal offender record
information search not later than June 30, 2011
2012 , and passes both background checks as specified in
Section 11976.45.
(b) Pays the required fees as set by the department.
(c) Completes the application for a certificate.
(d) Prior to January 1, 2011 2012 ,
meets the requirements of Section 11975.41, or possesses an advanced
certification issued by one of the certifying organizations
recognized by the department under its regulations in effect on
December 31, 2010 2011 , which
certification the department determines by regulation makes the
holder eligible for licensure as an LAODC.
11975.45. The educational qualifications required for
registration, certification, or licensure pursuant to this part shall
meet both of the following requirements:
(a) The curriculum shall include all of the following:
(1) For all counselors, "Addiction Counseling Competencies,"
Technical Assistance Publication Series No. 21, 2006, published by
the United States Department of Health and Human Services, Substance
Abuse and Mental Health Services Administration, Center for Substance
Abuse Treatment.
(2) For counselors at the CAODC-CS or LAODC level, "Competencies
for Substance Abuse Treatment Clinical Supervisors," Technical
Assistance Publication Series No. 21-A, 2007, published by the United
States Department of Health and Human Services, Substance Abuse and
Mental Health Services Administration, Center for Substance Abuse
Treatment.
(3) Other materials, sources, and requirements in addition to, or
in lieu of, the above, including, but not limited to, more specific
subject matter requirements, as the department may specify by
regulation.
(b) Education provided by any of the following, as applicable:
(1) An institution of higher learning accredited by the Western
Association of Schools and Colleges or an equivalent
regional accrediting agency approved by the United States
Department of Education.
(2) Other providers as approved by the department, whether
individually, through accreditation by another entity recognized by
the department, or otherwise as the department may specify by
regulation.
(3) An education provider accredited in the alcohol and other drug
counseling field by the National Commission for Certifying Agencies
or otherwise recognized by the department , provided that
any education delivered on or after January 1, 2011
2012 , shall be recognized by the department
only if it has been validated to effectively cover the curriculum
specified pursuant to this part.
11975.50. (a) The department shall develop
or recognize a test for each level of certification or licensure
provided in this part. A test recognized by the department shall meet
all of the following criteria, as determined by the department:
(a)
(1) Nationally recognized.
(b)
(2) Validated to cover the curriculum specified
pursuant to this part.
(c)
(3) Administered at a frequency and under conditions
providing reasonable access and security.
(b) The department may provide for the administration of tests as
it finds appropriate, including, but not limited to, direct
administration, administration by one or more entities contracting
with the department, recognition of administration by other entities,
or a
combination of these methods.
11975.55. The supervised experience required by this part shall
meet all of the following criteria:
(a) The required supervised experience may be gained under the
clinical supervision of a CAODC-CS, an LAODC, or another licensed
mental health professional specified by the department by regulation.
This experience shall consist of all of the following:
(1) A minimum of 70 percent of the required hours shall be
face-to-face individual or group counseling provided to clients in
the context of alcohol and other drug services, unless the department
modifies this requirement by regulation.
(2) A maximum of 30 percent of the required hours may be in case
management, client-centered advocacy, consultation, evaluation, and
research, unless the department modifies this requirement by
regulation.
(3) The required hours of supervised experience shall be obtained
over a period of not less than one year two
years and shall have been gained within the six years
immediately preceding the date on which the application for
certification or licensure was filed.
(4) Experience shall not be credited for more than 40 hours in any
week.
(b) (1) Prior to the commencement of clinical
supervision, a supervisor shall comply with all requirements for
supervisors as established by the department by regulation.
(2) A supervisee shall receive an average of at least one hour of
direct supervisor contact for every week in which more than 10 hours
of face-to-face counseling is performed in each setting where
experience is gained. No more than five hours of clinical
supervision, whether individual or group, shall be credited during
any single week. For purposes of this section, "one hour of direct
supervisor contact" means one hour of face-to-face contact on an
individual basis or two hours of face-to-face contact in a group, of
not more than eight persons receiving clinical
supervision, addressing the substance of the supervisory plan
required in subdivision (c).
(c) The supervisor and the supervisee shall develop a supervisory
plan that describes the goals and objectives of clinical
supervision. These goals shall include the ongoing assessment of
strengths and limitations and the assurance of practice in accordance
with the laws and regulations. The supervisee shall submit to the
department the initial original supervisory plan upon application for
licensure or certification.
(d) Experience shall be gained only in a setting that meets both
of the following:
(1) Lawfully and regularly provides alcohol and other drug
counseling.
(2) Provides oversight to ensure that the supervisee's work at the
setting meets the experience and clinical supervision
requirements set forth in this part and is within the scope of
practice for the profession as defined in Section 11975.75.
(e) Experience shall not be gained prior to becoming a registrant.
(f) A supervisee may be either a paid employee or a volunteer.
Employers are encouraged to provide fair remuneration to supervisees.
(g) A supervisee shall not receive any remuneration from patients
or clients, and shall be paid only by his or her employer. A
supervisee shall not have any proprietary interest in the employer's
business.
(h) A supervisee may receive clinical supervision from
a person not employed by the supervisee's employer if that person has
signed a written agreement with the employer to take supervisory
responsibility for the supervisee's alcohol and other drug
counseling.
(i) Notwithstanding any other provision of law, a supervisee shall
receive a minimum of one hour of clinical supervision per
week for each setting in which he or she is working.
(j) The department may limit, by regulation, the number of
registrants that any one supervisor may supervise, the number of
registrants that may be supervised in any given program or setting,
and the proportion of the workforce in any given program or setting
which may be comprised of registrants, or any of these.
11975.60. The work experience required by this part shall meet
all of the following criteria:
(a) Not more than 40 hours of work in any seven consecutive days
shall be recognized.
(b) No hours of experience may be gained more than six years prior
to the date the application for registration, certification, or
licensure, as applicable, was filed, except as specifically
otherwise provided in this part.
(c) Work experience shall not be gained as an independent
contractor.
(1) Supervision Clinical
supervision shall include at least one hour of direct
supervisor contact in each week for which experience is credited in
each work setting, as specified.
(2) For purposes of this section, "one hour of direct supervisor
contact" means one hour of face-to-face contact on an individual
basis or two hours of face-to-face contact in a group of not more
than eight persons.
(d) Work experience may be completed in any setting that meets all
of the following:
(1) Lawfully and regularly provides alcohol and other drug
counseling.
(2) Provides oversight to ensure that the registrant's work at the
setting meets the requirements set forth in this part and is within
the scope of practice for the profession as defined in Section
11975.75.
(3) Experience may be gained solely as part of the position for
which the individual volunteers or is employed. Employers are
encouraged to provide fair remuneration to registrants.
(e) Except to the extent that the department provides otherwise by
regulation, all persons shall register with the department in order
to be credited for the work experience necessary for licensure or
certification.
(f) A registrant shall not receive any remuneration from patients
or clients, and shall be paid only by his or her employer.
11975.65. Nothing in this part shall be construed to constrict,
limit, or withdraw the Medical Practice Act (Chapter 5 (commencing
with Section 2000)), the Nursing Practice Act (Chapter 6 (commencing
with Section 2700)), the Psychology Licensing Act (Chapter 6.6
(commencing with Section 2900)), the Marriage and Family Therapist
Act (Chapter 13 (commencing with Section 4980)), or the Clinical
Social Worker Practice Act (Chapter 14 (commencing with Section
4991)) of Division 2 of the Business and Professions Code.
11975.70. This part shall not apply to any of the following,
provided that this exception shall not preclude the department from
considering any conduct in any setting in its determination of
fitness for registration, certification, or licensure or in any
disciplinary matter:
(a) A person who engages in the practice of alcohol and drug
counseling exclusively for any of the following:
(1) For in-custody services of the California Department of
Corrections and Rehabilitation.
(2) As an employee or volunteer of the State of California.
(3) As an employee or volunteer of an agency of the United States
government.
(b) A person who is an unpaid member of a peer or self-help group
who performs peer group or self-help activities if the person does
not use a title stating or implying that he or she is a licensed
alcohol and drug counselor or any other designation listed in Section
11975.85.
(c) A cleric or other religious leader who provides spiritual
advice and guidance to members of his or her congregation or
order , or to other persons, if it is free of charge.
(d) A director, officer, or staff member of a program described in
Section 8001 of the Penal Code.
11975.75. (a) An individual licensed , registered, or
certified under this part may engage in the practice of alcohol and
drug counseling. For purposes of this part, the "practice of
alcohol and drug counseling" means performing any of the following
services for the purpose of treating alcohol and drug abuse:
(1) Initial intake.
(2) Assessment.
(3) Orientation.
(4) Treatment planning.
(5) Alcohol and drug counseling, including individual, group, and
significant others.
(6) Case management.
(7) Crisis intervention.
(8) Client education.
(9) Referral.
(10) Reports and recordkeeping.
(11) Consultation with other professionals with regard to client
treatment or services.
(b) A counselor or registrant may perform the acts listed in this
section only for the purpose of treating alcohol and other drug
problems.
(c) For purposes of the part, "alcohol and drug counseling" means
a process involving a therapeutic relationship between a client who
is experiencing addiction, dependence, or abuse of alcohol or other
drugs and a counselor or therapist trained to provide that help to
address that addiction, dependence, or abuse.
Alcohol and drug abuse counseling includes understanding and
application of the limits of the counselor's own qualifications and
scope of practice, including, but not limited to, screening and, as
indicated, referral to or consultation with an appropriately licensed
mental health practitioner consistent with the client's needs.
Alcohol and drug abuse counseling also includes the professional and
ethical application of basic tasks and responsibilities which include
all of the following:
(1) Clinical evaluation.
(2) Treatment planning.
(3) Referral.
(4) Service coordination.
(5) Client, family, and community education.
(6) Client, family, and group counseling.
(7) Documentation.
11975.80. The department shall issue a license ,
registration, or certification to each applicant meeting the
requirements of this part, which that
license or certification permits the holder to engage in alcohol and
other drug counseling as defined in Section 11975.75, entitles the
holder to use the title of licensed , registered, or
certified alcohol and other drug counselor, as applicable, and
authorizes the holder to hold himself or herself out as qualified to
perform the functions delineated by this part, subject to any
limitations relating to the level of the license , registration,
or certification or other conditions that may be imposed by
the department. The form and content of the license ,
registration, or certification shall be determined by the
department.
11975.85. A person who has received a certificate ,
registration, or license under this part may use the title
"Certified Alcohol and Other Drug Counselor" or "CAODC,"
"Certified Alcohol and Other Drug Counselor - Advanced" or "CAODC-A,"
"Registered Alcohol and Other Drug Counselor" or
"RAODC," "Certified Alcohol and Other Drug Counselor - Clinical
Supervisor" or "CAODC-CS," or "Licensed Alcohol and Other Drug
Counselor" or "LAODC," in accordance with the type of certificate
, registration, or license possessed. Every person
who styles himself or herself or who holds himself or herself out to
be a Certified Alcohol and Other Drug Counselor, Certified
Alcohol and Other Drug Counselor--Advanced, Certified
Registered Alcohol and Other Drug Counselor, Certified Alcohol
and other Drug Counselor-Clinical Supervisor, or Licensed Alcohol and
Other Drug Counselor without holding a license or certification in
good standing under this part, is guilty of a misdemeanor.
11975.90. It is unlawful for a person to engage in the practice
of alcohol and other drug counseling unless at the time of so doing
the person holds a valid, unexpired, and unrevoked certificate ,
registration, or license under this part. This section
shall become operative on January 1, 2012.
11975.95. The department may deny, revoke, suspend, or impose
conditions upon a license, certification, or registration for
unprofessional conduct. Unprofessional conduct, includes, but is not
limited to, any of the following:
(a) The conviction of a crime which that
permits denial of a license, certification, or registration
pursuant to Section 11976.45 or which the department finds is
substantially related to the practice of alcohol and drug counseling
.
(b) Securing a license, certification, or registration by fraud,
deceit, or misrepresentation on any application submitted to the
department, whether engaged in by an applicant for a license,
certification, or registration, or in support of any application by
another.
(c) Administering to himself or herself any controlled substance
as defined in Section 4021 of the Business and Professions Code, or
using any of the dangerous drugs or devices specified in Section 4022
of the Business and Professions Code or using any alcoholic beverage
to the extent, or in a manner, as to be dangerous or injurious to
the person applying for a license, certification, or registration, or
holding a license, certification, or registration under this part,
or to any other person, or to the public, or, to the extent that the
use impairs the ability of the person applying for or holding a
license, certification, or registration, to conduct with safety to
the public the counseling authorized by this part. The department may
deny an application for a license, certification, or registration,
or may revoke the license, certification, or registration of any
person who uses or offers to use a controlled substance as defined in
Section 4021 of the Business and Professions Code, a dangerous drug
or device specified in Section 4022 of the Business and Professions
Code, or alcohol in the course of performing alcohol and other drug
counseling. This provision does not apply to any person also licensed
as a physician and surgeon under Chapter 5 (commencing with Section
2000) of the Business and Professions Code or the Osteopathic Act who
lawfully prescribes drugs to a patient under his or her care.
(d) Gross negligence or incompetence in the performance of alcohol
and other drug counseling.
(e) Violating, attempting to violate, or conspiring to violate
this part or any regulation adopted by the department.
(f) Misrepresentation as to the type or status of a license,
certification, or registration held by the person, or otherwise
misrepresenting or permitting misrepresentation of his or her
education, professional qualifications, or professional affiliations
to any person or entity.
(g) Impersonation of another by any counselor or registrant, or
applicant for a license, certification, or registration, or, in the
case of a counselor, allowing any other person to use his or her
license, certification, or registration.
(h) Aiding or abetting any unlicensed, uncertified, or
unregistered person to engage in conduct for which a license,
certification, or registration is required under this part.
(i) Intentionally or recklessly causing physical or emotional harm
to any client.
(j) The commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a counselor or registrant.
(k) Soliciting or engaging in sexual relations with a client or
with a former client within two years from the termination date of
treatment.
(l) Engaging in a social or business relationship for personal
gain with a current client, a current client's family member, or
other persons significant to a client.
(m) Performing, or holding oneself out as being able to perform,
or offering to perform, or permitting any licensee under
clinical supervision to perform any professional services
beyond the scope of the license authorized by this part.
(n) Failure to maintain confidentiality, except as otherwise
required or permitted by law, including, but not limited to, Part 2
(commencing with Section 2.1) of Subchapter A of Chapter 1 of Title
42 of the Code of Federal Regulations.
(o) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services, or the basis upon which that fee will be
computed.
(p) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients. All consideration, compensation,
or remuneration shall be in relation to professional counseling
services actually provided by the licensee. Nothing in this
subdivision shall prevent collaboration among two or more licensees
in a case or cases. However, no fee shall be charged for that
collaboration, except when disclosure of the fee has been made in
compliance with subdivision (o).
(q) Advertising or using a name in a manner that is false,
misleading, or deceptive.
(r) Conduct in the clinical supervision of any
individual licensed, certified, or registered counselor that violates
this part or rules or regulations adopted by the department.
(s) Failure to keep records consistent with sound professional
judgment, the standards of the profession, and the nature of the
services being rendered.
(t) Failure to comply with the child abuse reporting requirements
of Section 11166 of the Penal Code.
(u) Failure to comply with the elder and dependent adult abuse
reporting requirements of Section 15630 of the Welfare and
Institutions Code.
(v) Willful denial of access to client records as otherwise
provided by law.
11976.10. The department shall revoke a license, certification,
or registration issued under this part upon a decision made in
accordance with the procedures set forth in the adjudication
provisions of the Administrative Procedure Act (Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code) that contains any finding of fact that the counselor
or registrant engaged in any act of sexual contact, as defined in
Section 729 of the Business and Professions Code, when that act is
with a client, or with a former client when the relationship was
terminated primarily for the purpose of engaging in that act. The
revocation shall not be stayed by the administrative law judge or the
department.
11976.15. The department may deny an application, or may suspend
or revoke a license, certification, or registration issued under this
part, for denial of licensure, revocation, suspension, restriction,
or other disciplinary action imposed by another state or territory of
the United States, or by any other governmental agency, on a
license, certificate, or registration to practice alcohol and other
drug counseling or other healing art. A certified copy of the
disciplinary action decision or judgment shall be conclusive evidence
of that action.
11976.20. The director may temporarily suspend a license,
certification, or registration prior to a hearing when, in the
opinion of the director, the action is necessary to protect a client
from physical or mental abuse, abandonment, or other substantial
threat to health or safety. The director shall give notice of the
temporary suspension and the effective date of the temporary
suspension and, at the same time, shall serve an accusation. Upon
receipt of a notice of defense to the accusation, the director shall,
within 15 days, set the matter for hearing, and the hearing shall be
held as soon as possible. The temporary suspension shall remain in
effect until the time the hearing is completed and the director has
made a final determination on the need for the temporary suspension
to remain in place pending resolution of the accusation. However, the
temporary suspension shall be deemed vacated if the director fails
to make a final determination on the merits within 30 days after the
hearing, if the director hears the matter personally or within 30
days after the department receives the proposed decision from the
Office of Administrative Hearings, or if the matter is heard by a
hearing officer.
11976.25. (a) A person who has applied for or received a license,
certification, or registration from the department under this part
has the right to appeal an adverse decision of the department with
regard to his or her application, license, certificate, or
registration.
(b) Unless the department specifies additional or different due
process provisions by regulation, an appeal shall be determined in
accordance with the adjudication provisions of the Administrative
Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code).
11976.30. The department may impose reasonable terms, conditions,
or restrictions on a disciplinary action to protect the health,
safety, and welfare of the public.
11976.35. A person may request reinstatement of a license or
certification, or a reduction of discipline, by applying for
reinstatement or reduction pursuant to Section 11522 of the
Government Code.
11976.40. An applicant who fails a written or oral
an examination administered by or on behalf of
the department may within one year from the notification date of
failure retake that examination at the next regularly scheduled
examination date, without further application, upon payment of the
required examination fees. Thereafter, the applicant shall not be
eligible for further examination until he or she files a new
application, meets all current requirements, and pays all required
fees.
11976.45. (a) An applicant for a license, certification, or
registration under this part shall consent to a state and federal
level criminal offender record information search as part of a
criminal history background check. Refusal to consent to the criminal
history background check, as delineated in this section, shall
result in denial of the license, certification, or registration.
(b) The following procedure shall be followed for criminal
offender record information searches:
(1) The department shall submit to the Department of Justice
fingerprint images and related information required by the Department
of Justice of all alcohol and other drug counselor licensure,
certification, or registration applicants, as defined by Section
11975.25, for the purposes of obtaining information as to the
existence and content of a record of state or federal convictions and
state or federal arrests and also 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 own recognizance pending trial or appeal.
(2) When received, 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.
(3) The Department of Justice shall provide a response to the
department pursuant to paragraph (1) of subdivision (p) of Section
11105 of the Penal Code.
(4) The department shall request from the Department of Justice
subsequent arrest notification service, as provided pursuant to
Section 11105.2 of the Penal Code, for persons described in paragraph
(1).
(5) The Department of Justice shall charge fees sufficient to
cover the cost of processing the request described in this section.
The applicant shall be responsible for payment of these fees.
(6) The applicant shall pay the fingerprint image rolling -
electronic submission fee charged by the Live Scan device operator.
(c) Before issuing a registration, certification, or license, the
department shall ensure that the state and federal level criminal
history of the applicant is reviewed.
(d) The department shall deny or revoke a license, certification,
or registration to an individual if, at the time of the department's
determination, the person meets one or more of the following:
(1) Has been convicted of five or more criminal offenses within a
30-month period ending two years or less prior to the date of the
department's determination.
(2) Is required to register as a sex offender pursuant to Section
290 of the Penal Code.
(3) Has
(3) (A) Subject
to subparagraphs (b) and (c), has been convicted of
a violent felony, as defined in Section 667.5 of the Penal Code,
within three years prior to the date of the department's
determination.
(B) After the expiration of three years from the date of
conviction, if a person described in subparagraph (A) is on parole,
he or she may be registered, certified, or licensed, conditioned upon
the written approval of his or her parole officer or the Board of
Parole Hearings, as the Board of Parole Hearings may provide.
Withdrawal of the approval of the parole officer or the Board of
Parole Hearings may be made upon terms as the Board of Parole
Hearings may provide, on written notice to the counselor or parolee
and to the department. In the event of withdrawal of the approval,
the counselor's or parolee's registration, certification, or
licensure shall be revoked by the department upon receipt by the
department of the notice of withdrawal of approval, without further
recourse against the department. The withdrawal of approval shall be
subject to review by the Board of Parole Hearings upon terms as the
Board of Parole Hearings may provide. If the approval is reinstated,
the department shall reinstate the counselor or parolee if he or she
is otherwise eligible for reinstatement under this part and complies
with all applicable requirements.
(C) The provisions of subparagraph (B) shall also apply to a
person convicted of a crime that the department finds is
substantially related to the practice of alcohol and drug counseling.
(e) The department may establish by regulation additional criteria
to implement subdivision (d), which may include, but not be limited
to, standards, exemptions, and terms of rehabilitation, and may
include rebuttable presumptions with regard to any of those.
(f) This section shall become operative on July 1,
2010.
11976.50. (a) Licenses or certifications issued under this part
shall expire within two years after the issue date. The expiration
date of the original license or certification shall be set by the
department.
(b) To renew an unexpired license or certification, the counselor
shall, on or before the expiration date of the license or
certification, complete the following actions:
(1) Apply for a renewal
on a form prescribed by the department.
(2) Pay a two-year renewal fee prescribed by the department.
(3) Complete at least 40 hours of continuing education, as
approved by the department.
(4) Notify the department whether he or she has been convicted, as
defined in subdivision (a) of Section 11975.95 of a misdemeanor or
felony, or whether any disciplinary action has been taken by any
regulatory or licensing board in this or any other state, subsequent
to the licensee's last renewal.
(c) To renew an expired license or certification within three
years of its expiration, the counselor shall, as a condition
precedent to renewal, do all of the following:
(1) Apply for renewal on a form prescribed by the department
within three years of the expiration date of the license.
(2) Pay the renewal fees that would have been paid if the license
had not been delinquent.
(3) Pay all delinquency fees.
(4) Complete the applicable continuing education requirements.
(5) Notify the department whether he or she has been subject to,
or whether another department or board has taken, disciplinary action
since the last renewal.
(d) A license or certification that is not renewed within three
years after its expiration
may be reinstated if the counselor satisfies requirements set
forth in regulation.
11976.55. A counselor shall display his or her license or
certification in a conspicuous place in the counselor's primary place
of business. The current renewal receipt shall be displayed near the
license.
11976.60. A licensed alcohol and other drug counselor who
conducts a private practice under a fictitious business name shall
not use a name that is false, misleading, or deceptive, and shall
inform the patient, prior to the commencement of treatment, of the
name and license designation of the owner or owners of the practice.
11976.70. A suspended license or certification is subject to
expiration and may be renewed as provided in this part, but the
renewal does not entitle the counselor, while it remains suspended
and until it is reinstated, to engage in the activity to which the
license or certification relates, or in any other activity or conduct
in violation of the order or judgment by which it was suspended.
11976.80. A licensed or certified alcohol and other drug
counselor may apply to the department to request that his or her
license or certification be placed on inactive status. A person who
holds an inactive license or certification shall pay a biennial fee
of one-half of the active renewal fee and shall be exempt from
continuing education requirements specified in paragraph (3) of
subdivision (b) of Section 11976.50, but shall otherwise be subject
to this part and shall not engage in the practice of alcohol and
other drug counseling in this state. A counselor on inactive status
who has not committed any acts or crimes constituting grounds for
denial of licensure or certification may, upon his or her request,
have his or her license or certification to practice alcohol other
and drug counseling placed on active status. A person requesting his
or her license or certification to be placed on active status at any
time during a renewal cycle shall pay a pro rata portion of the
renewal fees. A person requesting to reactivate from an inactive
status whose license or certification will expire less than one year
from the date of the request shall be required to complete 20 hours
of continuing education for license renewal. A person requesting to
reactivate from an inactive status whose license or certification
will expire more than one year from the date of the request shall be
required to complete 40 hours of continuing education for license or
certification renewal.
11976.85. A person licensed, certified, or registered under this
part shall comply with both of the following:
(a) Provide written notice to the department within 30 days of any
change of address.
(b) Provide written notice to the department within 30 days of a
name change giving both the old and the new names along with a copy
of the legal document authorizing the name change, including, but not
limited to, a court order or marriage license.
11976.90. (a) Except as otherwise provided in this part, an
accusation filed pursuant to Section 11503 of the Government Code
against a person licensed, certified, or registered under this part
shall be filed within three years from the date the department
discovers the alleged act or omission that is the basis for
disciplinary action or within seven years from the date the alleged
act or omission that is the basis for disciplinary action occurred,
whichever occurs first.
(b) An accusation filed against a person licensed, certified, or
registered alleging the procurement of a license, certification, or
registration by fraud or misrepresentation is not subject to the
limitations set forth in subdivision (a).
(c) An accusation alleging sexual misconduct shall be filed within
three years after the department discovers the act or omission
alleged as the grounds for disciplinary action or within 10 years
after the act or omission alleged as the grounds for disciplinary
action occurred, whichever occurs first.
(d) If an alleged act or omission involves a minor, the seven-year
limitation period provided for by subdivision (a) and the 10-year
limitation period provided for by subdivision (d) shall be tolled
until the minor reaches the age of majority.
(e) The limitation period provided by subdivision (a) shall be
tolled during any period if material evidence necessary for
prosecuting or determining whether a disciplinary action would be
appropriate is unavailable to the department due to an ongoing
criminal investigation.
(f) For purposes of this section, "discovers" means the latest of
the occurrence of any of the following with respect to each act or
omission alleged as the basis for disciplinary action:
(1) The date the department received a complaint or report
describing the act or omission.
(2) The date, subsequent to the original complaint or report, on
which the department became aware of any additional acts or omissions
alleged as the basis for disciplinary action against the same
individual.
(3) The date the department receives from the complainant a
written release of information pertaining to the complainant's
diagnosis and treatment.
11976.95. Nothing in this part shall apply to any alcohol and
other drug counselor from outside this state, when in actual
consultation with a licensed practitioner of this state, or when an
invited guest of a professional association, or of an educational
institution for the sole purpose of engaging in professional
education through lectures, clinics, or demonstrations, if he or she
is at the time of the consultation, lecture, or demonstration
licensed to practice alcohol and other drug counseling in the state
or country in which he or she resides. These alcohol and other drug
counselors shall not open an office or appoint a place to meet
clients or receive calls from clients within the limits of this
state.
11976.97. (a) Education, supervised experience, and work
experience gained outside of California may be accepted toward the
licensure or certification requirements if it is substantially the
equivalent of the requirements of this part.
(b) The department may issue a license or certification to any
person who, at the time of application, meets all of the following
requirements:
(1) Has held a valid active alcohol and other drug counseling
license or certification issued by a board of alcohol and other drug
counseling examiners or corresponding authority of any state.
(2) Passes the current applicable examination.
(3) Pays the required fees.
(4) Passes the required background check.
(5) Is not subject to denial of licensure or certification under
this part.
CHAPTER 4. FISCAL PROVISIONS
11977.10. The Alcohol and Other Drug Counselors License Fund is
hereby established in the State Treasury. All fees and fines
collected by the department in accordance with this part shall be
deposited in this fund. The money in the fund shall be available,
upon appropriation by the Legislature, for the purpose of supporting
the counselor licensing activities of the department.
11977.15. (a) Until the department establishes different fees by
regulation, the department shall assess the following fees relating
to the licensure, certification, or registration of alcohol and other
drug counselors:
(1) The application fee for registration as a registrant shall be
seventy-five dollars ($75).
(2) The fee for renewal of a registration shall be seventy-five
dollars ($75).
(3) The fee for application for examination eligibility shall be
one hundred dollars ($100).
(4)
(3) The fee for a written examination administered by
or on behalf of the department shall be one hundred fifty dollars
($150).
(5) The fee for an oral examination, if any, administered by or on
behalf of the department, shall be one hundred dollars ($100).
(A) An applicant who fails to appear for an examination, after
having been scheduled to take the examination, shall forfeit the
examination fee.
(B) This subdivision shall not establish or limit the examination
fee charged for the examination recognized in subdivision (a) of
Section 11975.50 or any other examination that is recognized by the
department but not administered by or on behalf of the department.
(6) The fee for rescoring an examination shall be twenty dollars
($20).
(7)
(4) The fee for issuance of an initial license or
certification shall be one hundred fifty-five dollars ($155).
(8)
(5) The fee for a license or certification renewal
shall be one hundred fifty-five dollars ($155).
(9)
(6) The fee for an inactive license or certification
renewal shall be seventy-seven dollars and fifty cents ($77.50).
(10)
(7) The renewal delinquency fee shall be seventy-five
dollars ($75). A person who permits his or her license or
certification to expire is subject to the delinquency fee.
(11)
(8) The fee for issuance of a replacement registration,
license, or certificate shall be twenty dollars ($20).
(12)
(9) The fee for issuance of a certificate or letter of
good standing shall be twenty-five dollars ($25).
(13)
(10) The fee for department review of the criminal
records information shall be thirty dollars ($30).
(14)
(11) The fee for the state level criminal offender
record information search shall be set by the Department of Justice
and the fee for the federal level criminal offender record
information search shall be set by the Federal Bureau of
Investigation.
(b) The department may establish fees based on other categories or
classifications that the department deems necessary or convenient to
maintain an effective and equitable fee structure. However, the
total fees collected by the department pursuant to this part shall
not exceed the total cost to the department of administering this
part.
(c) Unless funds are specifically appropriated from the General
Fund in the annual Budget Act or other legislation to support the
activities of the department pursuant to this part, those activities
shall be supported entirely by federal funds and special funds.
SEC. 2. Section 11165.7 of the Penal Code is amended to read:
11165.7. (a) As used in this article, "mandated reporter" is
defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by any public
or private school.
(4) A classified employee of any public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of any public
or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.
(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
(9) Any employee of a county office of education or the State
Department of Education, whose duties bring the employee into contact
with children on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a
licensing agency as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security
department.
(17) Any person who is an administrator or presenter of, or a
counselor in, a child abuse prevention program in any public or
private school.
(18) A district attorney investigator, inspector, or local child
support agency caseworker unless the investigator, inspector, or
caseworker is working with an attorney appointed pursuant to Section
317 of the Welfare and Institutions Code to represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician, surgeon, psychiatrist, psychologist, dentist,
resident, intern, podiatrist, chiropractor, licensed nurse, dental
hygienist, optometrist, marriage, family and child counselor,
clinical social worker, or any other person who is currently licensed
under Division 2 (commencing with Section 500) of the Business and
Professions Code.
(22) Any emergency medical technician I or II, paramedic, or other
person certified pursuant to Division 2.5 (commencing with Section
1797) of the Health and Safety Code.
(23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
(24) A marriage, family, and child therapist trainee, as defined
in subdivision (c) of Section 4980.03 of the Business and Professions
Code.
(25) An unlicensed marriage, family, and child therapist intern
registered under Section 4980.44 of the Business and Professions
Code.
(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner, or any other person who performs
autopsies.
(29) A commercial film and photographic print processor, as
specified in subdivision (e) of Section 11166. As used in this
article, "commercial film and photographic print processor" means any
person who develops exposed photographic film into negatives,
slides, or prints, or who makes prints from negatives or slides, for
compensation. The term includes any employee of such a person; it
does not include a person who develops film or makes prints for a
public agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means any person who, for financial compensation,
acts as monitor of a visit between a child and any other person when
the monitoring of that visit has been ordered by a court of law.
(31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
(A) "Animal control officer" means any person employed by a city,
county, or city and county for the purpose of enforcing animal
control laws or regulations.
(B) "Humane society officer" means any person appointed or
employed by a public or private entity as a humane officer who is
qualified pursuant to Section 14502 or 14503 of the Corporations
Code.
(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in
this section and subdivision (d) of Section 11166.
(34) Any employee of any police department, county sheriff's
department, county probation department, or county welfare
department.
(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 1424 of the California Rules of
Court.
(36) A custodial officer as defined in Section 831.5.
(37) Any person providing services to a minor child under Section
12300 or 12300.1 of the Welfare and Institutions Code.
(38) An alcohol and other drug counselor or supervisor licensed,
certified, or registered under Part 4 (commencing with Section
11975.10) of Division 10.5 of the Health and Safety Code. However,
alcohol or drug abuse, or both alcohol and drug abuse, is not in and
of itself a sufficient basis for reporting child abuse or neglect.
(b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and supervision of children are not mandated
reporters but are encouraged to obtain training in the identification
and reporting of child abuse and neglect and are further encouraged
to report known or suspected instances of child abuse or neglect to
an agency specified in Section 11165.9.
(c) Employers are strongly encouraged to provide their employees
who are mandated reporters with training in the duties imposed by
this article. This training shall include training in child abuse and
neglect identification and training in child abuse and neglect
reporting. Whether or not employers provide their employees with
training in child abuse and neglect identification and reporting, the
employers shall provide their employees who are mandated reporters
with the statement required pursuant to subdivision (a) of Section
11166.5.
(d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
(f) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.
SEC. 3. Section 15630 of the Welfare and Institutions Code is
amended to read:
15630. (a) Any person who has assumed full or intermittent
responsibility for the care or custody of an elder or dependent
adult, whether or not he or she receives compensation, including
administrators, supervisors, and any licensed staff of a public or
private facility that provides care or services for elder or
dependent adults, or any elder or dependent adult care custodian,
health practitioner, clergy member, or employee of a county adult
protective services agency or a local law enforcement agency, is a
mandated reporter. An alcohol and other drug counselor or supervisor
licensed, certified, or registered pursuant to Part 4 (commencing
with Section 11975.10) of Division 10.5 of the Health and Safety Code
is also a mandated reporter.
(b) (1) Any mandated reporter who, in his or her professional
capacity, or within the scope of his or her employment, has observed
or has knowledge of an incident that reasonably appears to be
physical abuse, as defined in Section 15610.63, abandonment,
abduction, isolation, financial abuse, or neglect, or is told by an
elder or dependent adult that he or she has experienced behavior,
including an act or omission, constituting physical abuse, as defined
in Section 15610.63, abandonment, abduction, isolation, financial
abuse, or neglect, or reasonably suspects that abuse, shall report
the known or suspected instance of abuse by telephone immediately or
as soon as practicably possible, and by written report sent within
two working days, as follows:
(A) If the abuse has occurred in a long-term care facility, except
a state mental health hospital or a state developmental center, the
report shall be made to the local ombudsperson or the local law
enforcement agency.
The local ombudsperson and the local law enforcement agency shall,
as soon as practicable, except in the case of an emergency or
pursuant to a report required to be made pursuant to clause (v), in
which case these actions shall be taken immediately, do all of the
following:
(i) Report to the State Department of Public Health any case of
known or suspected abuse occurring in a long-term health care
facility, as defined in subdivision (a) of Section 1418 of the Health
and Safety Code.
(ii) Report to the State Department of Social Services any case of
known or suspected abuse occurring in a residential care facility
for the elderly, as defined in Section 1569.2 of the Health and
Safety Code, or in an adult day care facility, as defined in
paragraph (2) of subdivision (a) of Section 1502.
(iii) Report to the State Department of Public Health and the
California Department of Aging any case of known or suspected abuse
occurring in an adult day health care center, as defined in
subdivision (b) of Section 1570.7 of the Health and Safety Code.
(iv) Report to the Bureau of Medi-Cal Fraud and Elder Abuse any
case of known or suspected criminal activity.
(v) Report all cases of known or suspected physical abuse and
financial abuse to the local district attorney's office in the county
where the abuse occurred.
(B) If the suspected or alleged abuse occurred in a state mental
hospital or a state developmental center, the report shall be made to
designated investigators of the State Department of Mental Health or
the State Department of Developmental Services, or to the local law
enforcement agency.
Except in an emergency, the local law enforcement agency shall, as
soon as practicable, report any case of known or suspected criminal
activity to the Bureau of Medi-Cal Fraud and Elder Abuse.
(C) If the abuse has occurred any place other than one described
in subparagraph (A), the report shall be made to the adult protective
services agency or the local law enforcement agency.
(2) (A) A mandated reporter who is a clergy member who acquires
knowledge or reasonable suspicion of elder or dependent adult abuse
during a penitential communication is not subject to paragraph (1).
For purposes of this subdivision, "penitential communication" means a
communication that is intended to be in confidence, including, but
not limited to, a sacramental confession made to a clergy member who,
in the course of the discipline or practice of his or her church,
denomination, or organization is authorized or accustomed to hear
those communications and under the discipline tenets, customs, or
practices of his or her church, denomination, or organization, has a
duty to keep those communications secret.
(B) Nothing in this subdivision shall be construed to modify or
limit a clergy member's duty to report known or suspected elder and
dependent adult abuse when he or she is acting in the capacity of a
care custodian, health practitioner, or employee of an adult
protective services agency.
(C) Notwithstanding any other provision in this section, a clergy
member who is not regularly employed on either a full-time or
part-time basis in a long-term care facility or does not have care or
custody of an elder or dependent adult shall not be responsible for
reporting abuse or neglect that is not reasonably observable or
discernible to a reasonably prudent person having no specialized
training or experience in elder or dependent care.
(3) (A) A mandated reporter who is a physician and surgeon, a
registered nurse, or a psychotherapist, as defined in Section 1010 of
the Evidence Code, shall not be required to report, pursuant to
paragraph (1), an incident where all of the following conditions
exist:
(i) The mandated reporter has been told by an elder or dependent
adult that he or she has experienced behavior constituting physical
abuse, as defined in Section 15610.63, abandonment, abduction,
isolation, financial abuse, or neglect.
(ii) The mandated reporter is not aware of any independent
evidence that corroborates the statement that the abuse has occurred.
(iii) The elder or dependent adult has been diagnosed with a
mental illness or dementia, or is the subject of a court-ordered
conservatorship because of a mental illness or dementia.
(iv) In the exercise of clinical judgment, the physician and
surgeon, the registered nurse, or the psychotherapist, as defined in
Section 1010 of the Evidence Code, reasonably believes that the abuse
did not occur.
(B) This paragraph shall not be construed to impose upon mandated
reporters a duty to investigate a known or suspected incident of
abuse and shall not be construed to lessen or restrict any existing
duty of mandated reporters.
(4) (A) In a long-term care facility, a mandated reporter shall
not be required to report as a suspected incident of abuse, as
defined in Section 15610.07, an incident where all of the following
conditions exist:
(i) The mandated reporter is aware that there is a proper plan of
care.
(ii) The mandated reporter is aware that the plan of care was
properly provided or executed.
(iii) A physical, mental, or medical injury occurred as a result
of care provided pursuant to clause (i) or (ii).
(iv) The mandated reporter reasonably believes that the injury was
not the result of abuse.
(B) This paragraph shall not be construed to require a mandated
reporter to seek, nor to preclude a mandated reporter from seeking,
information regarding a known or suspected incident of abuse prior to
reporting. This paragraph shall apply only to those categories of
mandated reporters that the State Department of Public Health
determines, upon approval by the Bureau of Medi-Cal Fraud and Elder
Abuse and the state long-term care ombudsperson, have access to plans
of care and have the training and experience necessary to determine
whether the conditions specified in this section have been met.
(c) (1) Any mandated reporter who has knowledge, or reasonably
suspects, that types of elder or dependent adult abuse for which
reports are not mandated have been inflicted upon an elder or
dependent adult, or that
his or her emotional well-being is endangered in any other way, may
report the known or suspected instance of abuse.
(2) If the suspected or alleged abuse occurred in a long-term care
facility other than a state mental health hospital or a state
developmental center, the report may be made to the long-term care
ombudsperson program. Except in an emergency, the local ombudsperson
shall report any case of known or suspected abuse to the State
Department of Public Health and any case of known or suspected
criminal activity to the Bureau of Medi-Cal Fraud and Elder Abuse, as
soon as is practicable.
(3) If the suspected or alleged abuse occurred in a state mental
health hospital or a state developmental center, the report may be
made to the designated investigator of the State Department of Mental
Health or the State Department of Developmental Services or to a
local law enforcement agency or to the local ombudsperson. Except in
an emergency, the local ombudsperson and the local law enforcement
agency shall report any case of known or suspected criminal activity
to the Bureau of Medi-Cal Fraud and Elder Abuse, as soon as is
practicable.
(4) If the suspected or alleged abuse occurred in a place other
than a place described in paragraph (2) or (3), the report may be
made to the county adult protective services agency.
(5) If the conduct involves criminal activity not covered in
subdivision (b), it may be immediately reported to the appropriate
law enforcement agency.
(d) When two or more mandated reporters are present and jointly
have knowledge or reasonably suspect that types of abuse of an elder
or a dependent adult for which a report is or is not mandated have
occurred, and when there is agreement among them, the telephone
report may be made by a member of the team selected by mutual
agreement, and a single report may be made and signed by the selected
member of the reporting team. Any member who has knowledge that the
member designated to report has failed to do so shall thereafter make
the report.
(e) A telephone report of a known or suspected instance of elder
or dependent adult abuse shall include, if known, the name of the
person making the report, the name and age of the elder or dependent
adult, the present location of the elder or dependent adult, the
names and addresses of family members or any other adult responsible
for the elder's or dependent adult's care, the nature and extent of
the elder's or dependent adult's condition, the date of the incident,
and any other information, including information that led that
person to suspect elder or dependent adult abuse, as requested by the
agency receiving the report.
(f) The reporting duties under this section are individual, and no
supervisor or administrator shall impede or inhibit the reporting
duties, and no person making the report shall be subject to any
sanction for making the report. However, internal procedures to
facilitate reporting, ensure confidentiality, and apprise supervisors
and administrators of reports may be established, provided they are
not inconsistent with this chapter.
(g) (1) Whenever this section requires a county adult protective
services agency to report to a law enforcement agency, the law
enforcement agency shall, immediately upon request, provide a copy of
its investigative report concerning the reported matter to that
county adult protective services agency.
(2) Whenever this section requires a law enforcement agency to
report to a county adult protective services agency, the county adult
protective services agency shall, immediately upon request, provide
to that law enforcement agency a copy of its investigative report
concerning the reported matter.
(3) The requirement to disclose investigative reports pursuant to
this subdivision shall not include the disclosure of social services
records or case files that are confidential, nor shall this
subdivision be construed to allow disclosure of any reports or
records if the disclosure would be prohibited by any other provision
of state or federal law.
(h) Failure to report, or impeding or inhibiting a report of,
physical abuse, as defined in Section 15610.63, abandonment,
abduction, isolation, financial abuse, or neglect of an elder or
dependent adult, in violation of this section, is a misdemeanor,
punishable by not more than six months in the county jail, by a fine
of not more than one thousand dollars ($1,000), or by both that fine
and imprisonment. Any mandated reporter who willfully fails to
report, or impedes or inhibits a report of, physical abuse, as
defined in Section 15610.63, abandonment, abduction, isolation,
financial abuse, or neglect of an elder or dependent adult, in
violation of this section, where that abuse results in death or great
bodily injury, shall be punished by not more than one year in a
county jail, by a fine of not more than five thousand dollars
($5,000), or by both that fine and imprisonment. If a mandated
reporter intentionally conceals his or her failure to report an
incident known by the mandated reporter to be abuse or severe neglect
under this section, the failure to report is a continuing offense
until a law enforcement agency specified in paragraph (1) of
subdivision (b) of Section 15630 discovers the offense.
(i) For purposes of this section, "dependent adult" shall have the
same meaning as in Section 15610.23.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.