BILL NUMBER: AB 2007	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Williams

                        FEBRUARY 23, 2012

   An act to add Division 10.11 (commencing with Section 11999.40) to
the Health and Safety Code, relating to alcohol and drug abuse
counselors.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2007, as introduced, Williams. Alcohol and drug abuse
counselors.
   Existing law establishes the State Department of Alcohol and Drug
Programs for the purposes, among other things, of determining the
qualifications, including the appropriate skills, education,
training, and experience of personnel working within alcoholism or
drug abuse recovery and treatment programs, as specified.
   This bill, upon the elimination of the State Department of Alcohol
and Drug Programs, would require the State Public Health Officer to
adopt regulations relating to the licensure and certification of
alcohol and drug abuse counselors.
   This bill would provide that the criteria for obtaining a license
would include holding a master's degree or higher from a program
specializing in or having substantial course content in alcohol or
drug abuse counseling or a related field, demonstrating competence by
an examination administered by the State Department of Public
Health, and holding a valid, advanced certification, as specified.
The bill would provide that, commencing January 1, 2013, and until
January 1, 2014, or the finalizing of the above-described
regulations, whichever is later, an applicant may be deemed to be
licensed without meeting this licensing criteria if he or she meets
specified alternative requirements. This bill would provide that the
criteria for certification would be required to be consistent with
existing regulations governing certification of counselors.
   This bill would require the State Department of Public Health to
set license and license renewal fees, not to exceed $200. This bill
would establish the Alcohol and Drug Treatment Professionals
Licensing Fund in the State Treasury, consisting of licensing fees,
to be used upon appropriation by the Legislature for purposes
authorized by the bill.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Division 10.11 (commencing with Section 11999.40) is
added to the Health and Safety Code, to read:

      DIVISION 10.11.  Alcohol and Drug Abuse Treatment Services


   11999.40.  Upon the elimination of the State Department of Alcohol
and Drug Programs, the State Public Health Officer shall adopt
regulations relating to licensed alcohol and drug abuse counselors
(LADC). These regulations shall include both of the following:
   (a) Standards for licensure of alcohol and drug abuse counselors,
including, but not limited to, the criteria described in subdivision
(b) of Section 11999.41.
   (b) Standards for certification of alcohol and drug abuse
counselors consistent with the regulations established in Chapter 8
(commencing with Section 13000) of Division 4 of Title 9 of the
California Code of Regulations.
   11999.41.  (a) For purposes of this section, the following
definitions shall apply:
   (1) "Department" means the State Department of Public Health.
   (2) "License" means an alcohol and drug abuse counselor license.
   (b) An applicant for a license shall meet, at a minimum, all of
the following criteria:
   (1) Holds a master's degree or higher from a program specializing
in, or having substantial course content in, alcohol or drug abuse
counseling or a related field.
   (2) Has demonstrated competence by an examination administered or
approved by the department.
   (3) Holds a valid, advanced certification from an organization
that, as of January 1, 2012, was authorized by the State Department
of Alcohol and Drug Programs to register and certify alcohol or drug
counselors.
   (c) (1) A license shall be valid for three years unless at any
time during that period, it is revoked or suspended pursuant to
subdivision (f). An applicant shall apply to renew a license prior to
the expiration of the three-year period.
   (2) When an applicant who qualifies under subdivision (e) applies
to renew a license, he or she may apply to renew under the criteria
described in subdivision (e).
   (3) To qualify to renew a license, a licenseholder, including
licenseholders licensed pursuant to subdivision (e), shall have
completed 90 hours of continuing education units during the
three-year period described in paragraph (1). At least 30 of the 90
hours shall be continuing education units in ethics.
   (d) The department shall set the fee for a license and license
renewal. The fee for the license or license renewal shall not exceed
two hundred dollars ($200).
   (e) Commencing January 1, 2013, and until January 1, 2014 or the
finalization of the licensure regulations developed pursuant to
subdivision (a) of Section 11999.40, whichever is later, upon payment
of the license fee described in subdivision (d), an applicant may be
deemed to be licensed without meeting the criteria for licensure
otherwise described in this section if he or she meets both of the
following:
   (1) He or she holds an advanced credential recognized by an
organization that, as of January 1, 2012, was authorized by the State
Department of Alcohol and Drug Programs to register and certify
alcohol or drug counselors.
   (2) He or she is currently credentialed and in good standing with
an organization described in paragraph (1) and has no history of
disciplinary action by the organization.
   (f) The department may revoke a license if either of the following
occurs:
   (1) The licenseholder loses his or her credential, or is placed on
probationary status.
   (2) The licenseholder has been convicted of a felony charge that,
in the State Public Health Officer's determination, is substantially
related to the qualifications, functions, or duties of an alcohol or
drug abuse counselor. A plea of guilty or nolo contendere to a felony
charge shall be deemed to be a conviction for purposes of this
paragraph.
   11999.42.  The Alcohol and Drug Treatment Professionals Licensing
Fund is hereby created in the State Treasury, consisting of fees
deposited pursuant to this division.
   (a) Moneys in the fund shall be available, upon appropriation by
the Legislature, for purposes of administering this division.
   (b) It is the intent of the Legislature that the program carried
out pursuant to this division be fully supported from fees collected
pursuant to Section 11999.41.