Amended in Assembly May 23, 2014

Amended in Assembly September 6, 2013

Amended in Assembly September 3, 2013

Amended in Assembly August 15, 2013

Amended in Assembly August 6, 2013

Amended in Assembly June 27, 2013

Amended in Senate May 24, 2013

Amended in Senate April 16, 2013

Senate Bill No. 570

Introduced by Senator DeSaulnier

February 22, 2013

An act to add begin delete Division 10.11 (commencing with Section 11999.40) to end delete begin insert Part 4 (commencing with Section 11975.10) to Division 10.5 of end insert the Health and Safety Code, relating to alcohol and begin delete other end delete drug counselors.

LEGISLATIVE COUNSEL’S DIGEST

SB 570, as amended, DeSaulnier. begin delete Alcohol and other drug counselors. end delete begin insert Advanced Alcohol and Drug Licensing Act. end insert

Existing law provides for the registration, certification, and licensure of various healing arts professionals. Existing law provides for various programs to eliminate alcohol and drug abuse, and states the finding of the Legislature that state government has an affirmative role in alleviating problems related to the inappropriate use of alcoholic beverages and other drug use.

begin insert

This bill would establish licensure and registration provisions relating to advanced alcohol and drug counselors and advanced alcohol and drug counselor interns, respectively, to be administered by the newly created Advanced Alcohol and Drug Counselor Licensing Board within the Department of Health Care Services, and would authorize the board to commence issuing these licenses and registrations on January 1, 2016. The bill would make it a misdemeanor for a person to style himself or herself or to hold himself or herself out to be a licensed advanced alcohol and drug counselor or advanced alcohol and drug counselor intern, without holding a license or registration in good standing under these provisions, and commencing on January 1, 2017, it would be unlawful for a person to engage in the practice of alcohol and drug counseling outside of a licensed or certified alcohol and drug treatment facility, unless at the time of so doing, the person holds a valid, unexpired, and unrevoked license or registration under these provisions. Because the bill would create a new crime, it would impose a state-mandated local program.

end insert begin insert

This bill would authorize the board to assess related fees and penalties to be deposited into the Advanced Alcohol and Drug Counselors License Fund available, upon appropriation by the Legislature, to the board for the purposes of supporting licensing and registration activities. The bill would set various licensing and registration fees, until the board establishes different fees by regulation.

end insert begin insert

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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert begin delete

This bill would require the State Department of Health Care Services, commencing January 1, 2015, to require each person who applies to an approved certifying organization, as defined, to become registered or certified as an alcohol or other drug counselor (AOD counselor) or any AOD counselor who is registered or certified as of January 1, 2015, to obtain a criminal background check, as specified. The bill would require the State Department of Health Care Services to submit to the Department of Justice fingerprint images and related information for the purpose of obtaining information as to the existence of past criminal conduct, as specified. The bill would require the Department of Justice to obtain specified information from the Federal Bureau of Investigation with respect to an applicant’s or AOD counselor’s past criminal conduct, and to provide this information to the State Department of Health Care Services. The bill would require the Department of Justice to charge a reasonable fee to an individual obtaining a criminal background check, sufficient to cover the cost of processing the criminal background check request. The bill would require the State Department of Health Care Services to establish a reasonable application fee, sufficient to cover the department’s actual reasonable administrative costs in implementing the provisions of the bill, to be charged to the certifying organization for each applicant or AOD counselor requesting a background check. The bill would require the fees to be deposited into the Alcohol and Other Drug Counselor Professions Fund, which would be created by the bill. The bill would require the fund to be administered by the State Department of Health Care Services, and would make moneys in the fund available, upon appropriation, for purposes of administering the provisions of the bill. The bill would require the State Department of Health Care Services, by September 1, 2014, to adopt regulations to implement the provisions of the bill, as specified. The bill would require the department and approved certifying organizations to share specified information.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Part 4 (commencing with Section 11975.10) is
added to Division 10.5 of the end insert begin insert Health and Safety Code end insert begin insert , to read: end insert

begin insert

 

PART  begin insert 4. end insert   Advanced Alcohol and Drug Counselor
Licensing and Advanced Alcohol and Drug
Counselor Intern Registration

 

Chapter   begin insert 1. end insert General Provisions

 

begin insert 11975.10. end insert   

(a) This part shall be known, and may be cited, as
the Advanced Alcohol and Drug Counselor Licensing Act.

(b) This part shall be liberally construed to achieve its
objectives.

begin insert 11975.13. end insert   

For purposes of this part, the definitions apply:

(a) “Advanced alcohol and drug counselor intern” or “AADCI”
means an unlicensed person who has fulfilled the testing and
education requirements in Section 11975.40 to become licensed,
who is seeking to meet the supervised experience requirements of
this part, and is registered with the board for this purpose.

(b) “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.

(c) “Board” means the Advanced Alcohol and Drug Counselor
Licensing Board.

(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 alcohol and drug
counselor development, professional and ethical standards,
program development, quality assurance, performance evaluation,
and administration.

(e) “Department” means the Department of Health Care
Services.

(f) “Director” means the Director of the Department of Health
Care Services.

(g) “Independent counseling practice” means an individual or
individuals who are licensed pursuant to terms of this part to
engage in the practice of alcohol and drug counseling, as defined
in section 11975.50, in a setting outside of a licensed or certified
facility.

(h) “Licensed advanced alcohol and drug counselor” or
“LAADC” means a person licensed by the board pursuant to
Section 11975.43 or 11975.45 to practice alcohol and drug
counseling, who may provide clinical supervision to registered
interns in the State of California, and who may maintain an
independent alcohol and drug counseling practice outside of a
program licensed or certified by the state to provide alcohol and
drug treatment services.

(i) “Student” means an unlicensed person who is currently
enrolled in a master’s or doctorate degree program, as specified
in paragraph (1) of subdivision (a) of Section 11975.45, that is
designed to qualify him or her for licensure under this part.

 

Chapter   begin insert 2. end insert The Advanced Alcohol and Drug Counselor
Licensing Board

 

begin insert 11975.20. end insert   

(a) There is in the Department of Health Care
Services, the Advanced Alcohol and Drug Counselor Licensing
Board that consists of the following members:

(1) Five state licensed advanced alcohol and drug counselors.

(2) Six public members.

(b) Each member, except the six public members, shall have at
least two years of experience in his or her profession.

(c) Each member shall reside in the State of California.

(d) (1) The Governor shall appoint four of the public members
and the five licensed members with the advice and consent of the
Senate.

(2) The Senate Committee on Rules shall appoint one public
member.

(3) The Speaker of the Assembly shall appoint one public
member.

(e) From the commencement of appointments and until licenses
for advanced alcohol and drug counselors are issued, the Governor
shall appoint alcohol and drug addiction counselors certified by
a certifying organization recognized by the department.

(f) Each member of the board shall be appointed for a term of
four years.

(1) A member appointed by the Speaker of the Assembly or the
Senate Committee on Rules shall hold office until the appointment
and qualification of his or her successor or until one year from
the expiration date of the term for which he or she was appointed,
whichever occurs first.

(2) Pursuant to Section 1774 of the Government Code, a member
appointed by the Governor shall hold office until the appointment
and qualification of his or her successor or until 60 days from the
expiration date of the term for which he or she was appointed,
whichever occurs first.

(g) A vacancy on the board shall be filled by appointment for
the unexpired term by the authority who appointed the member
whose membership was vacated.

(h) Not later than the first of June of each calendar year, the
board shall elect a chairperson and a vice chairperson from its
membership.

(i) Each member of the board shall receive a per diem of one
hundred dollars ($100) for each day actually spent in the discharge
of official duties, and shall be reimbursed for traveling and other
expenses necessarily incurred in the performance of official duties.
The payments in each instance shall be made only from the fund
from which the expenses of the agency are paid and shall be subject
to the availability of money. Notwithstanding any other provision
of law, no public officer or employee shall receive per diem salary
compensation for serving on those boards, commissions,
committees, or the Consumer Advisory Council on any day when
the officer or employee also received compensation for his or her
regular public employment.

begin insert 11975.23. end insert   

(a) The board may appoint an executive officer or
enter into a contract for this service. This position is designated
as a confidential position and is exempt from civil service under
subdivision (e) of Section 4 of Article VII of the California
Constitution.

(b) The executive officer serves at the pleasure of the board.

(c) The executive officer shall exercise the powers and perform
the duties delegated by the board and that are vested in him or
her by this part.

(d) With the approval of the director, the board shall fix the
salary of the executive officer.

(e) The chairperson of the board may call meetings of the board
and any duly appointed committee at a specified time and place.
For purposes of this section, “call meetings” means setting the
agenda, time, date, or place for any meeting of the board or any
committee.

begin insert 11975.25. end insert   

Subject to the State Civil Service Act (Part 2
(commencing with Section 18500) of Division 5 of Title 2 of the
Government Code), the board may employ any clerical, technical,
and other personnel as it deems necessary to carry out the
provisions of this part and the other chapters it administers and
enforces, within budget limitations.

begin insert 11975.27. end insert   

The board shall keep an accurate record of all of
its proceedings and a record of all applicants for licensure and
all individuals to whom it has issued a license.

begin insert 11975.28. end insert   

The duty of administering and enforcing this part
is vested in the board and the executive officer subject to, and
under the direction of, the board. In the performance of this duty,
the board and the executive officer have all the powers and are
subject to all the responsibilities vested in, and imposed upon, the
head of a department by Chapter 2 (commencing with Section
11150) of Part 1 of Division 3 of Title 2 of the Government Code.

begin insert 11975.29. end insert   

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

 

Chapter   begin insert 3. end insert Administration

 

begin insert 11975.30. end insert   

(a) The board shall administer and enforce this
part.

(b) The board may enter into an agreement with any
governmental agency or other entity, public or private, to
administer any portion of this part.

begin insert 11975.33. end insert   

In order to carry out the provisions of this part, the
board shall do, but shall not be limited to doing, 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) Issue licenses and register interns seeking licensure
beginning January 1, 2016, to those who meet the qualifications
of this part and any regulations adopted pursuant to this part.

(c) Take disciplinary action against licensees and registered
interns where appropriate, including reprimand or probation,
suspension, or revocation of the license, or registration, issuance
of administrative citations, or imposition of administrative fines
not to exceed five thousand dollars ($5,000), or any combination
of these.

(d) Establish continuing education requirements.

(e) Establish procedures for the receipt, investigation, and
resolution of complaints.

(f) Establish criteria to determine whether the curriculum of an
educational institution satisfies the requirements imposed by this
part.

(g) Establish parameters of unprofessional conduct that are
consistent with the uniform code of conduct accepted for the
profession.

(h) Establish reinstatement procedures for an expired or revoked
certificate or license.

(i) Establish registration and clinical supervision requirements
for registered interns.

(j) Adopt one examination for administering to prospective
licensees. The test may be administered by the board or by any
public or private entity selected by the board.

(k) Maintain a database of licensees and registered interns,
including the individual’s status, any public record of discipline,
and other information as the board may require.

(l) Establish an advisory committee composed of one or more
representatives of consumers, alcohol and drug counselors, alcohol
and drug counselor employers, counties, educators, referral
sources, and other persons as the board may determine, that shall
meet at least two times per year and make recommendations to
the board concerning curriculum, criminal background checks,
unprofessional conduct, and other matters as the board may refer
to the committee.

 

Chapter   begin insert 4. end insert Qualifications and Requirements for
Licensure and Registration

 

begin insert 11975.40. end insert   

(a) Commencing January 1, 2016, the board shall
issue a registration for an advanced alcohol and drug counselor
intern (AADCI) who meets all of the following requirements:

(1) Possesses an earned master of arts, master of science, or
doctorate degree in alcohol and drug counseling, psychology,
social work, or other clinically focused major or an equivalent
degree recognized by the board, from an institution of higher
learning accredited by the Western Association of Schools and
Colleges or state or regional accrediting agency approved by the
board.

(2) Completes 180 clock hours of alcohol and drug specific
education approved by the board, including both of the following:

(A) Forty hours of education in clinical supervision techniques.

(B) Sixty hours of education on operating an independent
counseling practice that includes both of the following:

(i) Six hours of education in the subject of law and ethics as it
relates to a licensee’s ability to practice alcohol and drug
counseling safely. This education may include, but shall not be
limited to, the legal and regulatory aspects of alcohol and drug
counseling, dependency treatment, regulatory restrictions,
confidentiality, issues surrounding clients’ rights, and standards
of competency for the practice of alcohol and drug counseling.

(ii) Ten hours of education in the recognition of cooccurring
disorders, the referral processes, and in determining the most
appropriate level of care for the client and the client’s eligibility
for admission to a particular alcohol and drug treatment program.
This includes education in the use of guidelines and placement
tools, including, but not limited to, guidelines and
recommendations from the Co-Occurring Center for Excellence
(COCE) as published by the Substance Abuse and Mental Health
Services Administration (SAMHSA), the American Society of
Addiction Medicine (ASAM) Patient Placement Criteria, or other
validated clinical tools approved by the board.

(3) Completes a supervised practicum of no less than 315
performance (experience) hours, including a 45-hour practicum,
as well as minimum hours in areas specified by the board.

(4) Receives a passing score on the exam for licensure
designated by the board.

(5) Submits to a state and federal level criminal offender record
information search and passes both background checks as specified
in Section 11975.78.

(6) Pays the required fees as set by the board.

(7) Completes the application for registration.

(b) The board may accept any or all of the hours of education
stipulated in Section 11975.45 as part of the education leading to
a person’s earned master of arts, master of sciences, or doctoral
degree.

begin insert 11975.43. end insert   

Commencing January 1, 2016, and ceasing with the
disposition of all completed applications actually received by the
board by June 30, 2017, the board shall issue a licensed advanced
alcohol and drug counselor (LAADC) license pursuant to
subdivision (b) of Section 11975.33 to each person who the board
determines is qualified either pursuant to subdivision (a) or (b):

(a) A license shall be granted by the board to a certified alcohol
and drug counselor who meets all of the following requirements
on or before January 1, 2016:

(1) Holds a current, valid, advanced alcohol and drug
counseling certification or clinical supervision certification issued
by a certifying organization recognized by the department on or
before January 1, 2016. For the purpose of this subdivision, an
“advanced alcohol and drug counseling certification” or “clinical
supervision certification” shall include all of the following
minimum requirements for purposes of applying for licensure
under this section:

(A) Documentation of 315 hours of formal instruction in alcohol
and drug counseling with a 45-hour classroom practicum course.

(B) Documentation of 6,000 hours of work experience as an
alcohol and drug counselor.

(C) Receipt of a passing score on a test that is sufficient to
qualify the applicant for certification.

(2) Provides documentation that all of the following specialized
education has been completed:

(A) Forty hours of education in clinical supervision techniques.

(B) Sixty hours of education on operating an independent
counseling practice, including both of the following:

(C) Six hours of education in the subject of law and ethics as it
relates to a licensee’s ability to practice alcohol and drug
counseling safely. This education may include, but shall not be
limited to, education in the legal and regulatory aspects of alcohol
and drug counseling, regulatory restrictions, confidentiality, issues
surrounding clients’ rights, and standards of competency for the
practice of alcohol and drug counseling.

(D) Ten hours of education in the recognition of cooccurring
disorders, the referral processes, and in determining the most
appropriate level of care for the client and client’s eligibility for
admission to a particular alcohol and drug treatment program.
This includes education in the use of guidelines and placement
tools, including, but not limited to, guidelines and
recommendations from the COCE as published by the SAMHSA,
the ASAM Patient Placement Criteria, or other validated clinical
tools approved by the board.

(3) Submits to a state and federal level criminal offender record
information search no later than January 1, 2016, and passes both
background checks as specified in Section 11975.78.

(4) Provides documentation of a total of 10,000 hours of
experience in alcohol and drug abuse counseling.

(A) Documentation of an associate arts degree may be counted
for 2,000 experience hours.

(B) Documentation of a bachelor’s degree may be counted for
4,000 experience hours.

(C) Documentation of a master’s degree may be counted for
6,000 hours of experience.

(D) Any degree used in lieu of experience hours is required to
be substantially related to alcohol and drug counseling.

(5) Pays the required fees as set by the board.

(6) Completes the application for a license.

(b) A license shall be granted by the board to a person licensed
in the State of California who practices alcohol and drug
counseling and who meets all of the following requirements on or
before January 1, 2016:

(1) Provides documentation to the board that he or she currently
holds a valid license in the state to practice marriage family
therapy, psychology, social work, professional counseling, or
medicine.

(2) Provides documentation to the board of 6,000 hours of
experience in providing alcohol and drug counseling services
directly to patients.

(3) Pays the required fees as set by the board.

(4) Completes the application for a license.

(c) All of the hours of education and experience stipulated in
Section 11975.45 may be gained as part of the education leading
to a person’s earned master of arts, master of sciences, doctoral
degree, or certification preparation.

begin insert 11975.45. end insert   

(a) Commencing January 1, 2016, the board shall
issue a LAADC license pursuant to subdivision (b) of Section
11975.33 to each person who the board determines meets all of
the following requirements:

(1) Possesses an earned master of arts, master of science, or
doctorate degree in alcohol and drug counseling, psychology,
social work, or other clinically focused major or an equivalent
degree recognized by the board, from an institution of higher
learning accredited by the Western Association of Schools and
Colleges or an equivalent accrediting agency approved by the
United States Department of Education.

(2) Completes 180 clock hours of alcohol and drug specific
education approved by the board, including both of the following:

(A) Forty hours of education in clinical supervision techniques.

(B) Sixty hours of education on operating an independent
counseling practice, including both of the following:

(i) Six hours of education in the subject of law and ethics as it
relates to a licensee’s ability to practice alcohol and drug
counseling safely. This education may include, but shall not be
limited to, education in the legal and regulatory aspects of alcohol
and drug counseling, regulatory restrictions, confidentiality, issues
surrounding clients’ rights, and standards of competency for the
practice of alcohol and drug counseling.

(ii) Ten hours of education in the recognition of cooccurring
disorders, the referral processes, and in determining the most
appropriate level of care for the client and client’s eligibility for
admission to a particular alcohol and drug treatment program.
This includes education in the use of guidelines and placement
tools, including, but not limited to, guidelines and
recommendations from the COCE as published by the SAMHSA,
the ASAM Patient Placement Criteria, or other validated clinical
tools approved by the board.

(3) Completes 315 hours of formal instruction in alcohol and
drug counseling with a 45-hour classroom practicum course
offered by a provider approved by the board.

(4) Submits documentation of 2,000 hours of work experience
as an alcohol and drug counselor, of which 1,500 hours may be
substituted by documenting certification in good standing as an
alcohol and drug counselor as per certification regulations of this
state.

(5) Receives a passing score on a nationally recognized exam
for licensure designated by the board.

(6) Submits to a state and federal level criminal offender record
information search and passes both background checks as specified
in Section 11975.78.

(7) Pays the required fees as set by the board.

(8) Completes the application for a license.

(b) The board may accept any or all of the hours of education
required by this section as part of the education leading to a
person’s earned master of arts, master of sciences, or doctoral
degree.

begin insert 11975.47. end insert   

(a) Education, supervised experience, and work
experience gained outside of California may be accepted toward
the licensing requirements if it is substantially the equivalent of
the requirements of this part.

(b) The board may issue a license to any person who, at the
time of application, meets all of the following requirements:

(1) Has held a valid active alcohol and drug counseling license
or certification issued by a board of alcohol and 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, as specified in
Section 11975.78.

(5) Is not subject to denial of licensure under this part.

begin insert 11975.49. end insert   

(a) The supervised experience required in Section
11975.45 may be gained under the clinical supervision of an
LAADC, or a licensed health professional specified by the board
and shall meet all of the following criteria:

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 addiction treatment services.

(2) A maximum of 30 percent of the required hours may be in
case management, client-centered advocacy, consultation,
evaluation, and research.

(3) The required hours of supervised experience shall be
obtained over a period of not less than two years and shall have
been gained within the six years immediately preceding the date
on which the application for licensure was filed.

(4) Experience shall not be credited for more than 40 hours in
any week.

(b) Prior to the commencement of clinical supervision, a
supervisor shall comply with all requirements for supervisors as
established by the board.

(c) (1) 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.

(2) No more than five hours of direct clinical supervision,
whether individual or group, shall be credited during any single
week.

(d) 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 (d).

(e) 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.

(f) Experience shall be gained only in a setting that meets both
of the following requirements:

(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 11975.50.

(g) Experience shall not be gained prior to becoming a
registered intern.

(h) A supervisee may be either a paid employee or a volunteer.
Employers are encouraged to provide fair remuneration to
supervisees.

(i) 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.

(j) 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 addiction counseling.

(k) 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.

(l) The board may limit, by regulation, the number of registered
interns that any one supervisor may supervise, the number of
registered interns that may be supervised in any given program
or setting, and the proportion of the workforce in any given
program or setting that may be comprised of registered interns.

(m) Programs licensed or certified by the department are not
required to adhere to the supervision provisions of this section.
Alcohol and drug counselors working or volunteering in licensed
or certified facilities may use hours completed while working or
volunteering in a facility licensed or certified by the department
if the conditions for supervised hours are present at the time of
service.

 

Chapter   begin insert 5. end insert Scope of Practice

 

begin insert 11975.50. end insert   

(a) (1) The board shall issue a license or intern
registration to each applicant meeting the requirements of this
part. That license or registration permits the holder to engage in
alcohol and drug counseling as defined in subdivision (c), entitles
the holder to use the title of licensed advanced alcohol and drug
counselor or advanced alcohol and drug counselor intern, 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 or
registration or other conditions that may be imposed by the board.

(2) The form and content of the license or registration shall be
determined by the board.

(b) A licensee or registered intern may perform the acts listed
in this section only for the purpose of treating alcohol and drug
addiction.

(c) (1) For the purposes of this part, “alcohol and drug
counseling” means a process involving a psychotherapeutic
relationship between a client who is experiencing addiction,
dependence, abuse of alcohol or other drugs, or other symptoms
that relate to substance use and a counselor or therapist trained
to provide that help to address that addiction, dependence, or
abuse.

(2) Addiction counseling includes the professional and ethical
application of basic tasks and responsibilities, including all of the
following:

(A) Screening, this is the process by which a client is determined
to be eligible for admission to a particular alcohol and drug
treatment program.

(B) Initial intake, which is the administrative and initial
assessment procedures for admission to an alcohol and drug
treatment program. Assessment shall not include psychological
testing intended to measure or diagnose mental illness.

(C) Orientation, which is the act of describing to the client the
general nature and goals of the alcohol and drug treatment
program, including rules governing client conduct and infractions
that can lead to disciplinary action or discharge from the program.

(D) Alcohol and drug abuse counseling, including individual,
group, and significant others. The utilization of special skills to
assist individuals, families, or groups in achieving objectives
through exploration of a problem and its ramifications,
examination of attitudes and feelings, considerations of alternative
solutions, and decisionmaking as each relates to substance use.
Counseling shall be limited to assisting a client in learning more
about himself or herself for the purposes of understanding how to
effectuate clearly perceived and realistically defined goals related
to abstinence. Counseling is limited to assisting the client to learn
or acquire new skills that will enable the client to cope and adjust
to life situations without the use of substances.

(E) Case management, which is the activities that bring services,
agencies, resources, or individuals together within a planned
framework of action toward achievement of established goals.
Case management may involve liaison activities and collateral
contacts.

(F) Crisis intervention, which is providing services that respond
to an alcohol or drug user’s needs during acute emotional or
physical distress, including, but not limited to, referrals for
assessment of the client’s need for additional psychological or
medical treatment for client behaviors that signal risk or prolonged
distress.

(G) Assessment, which is the use of procedures by which a
counselor or program identifies and evaluates an individual’s
strengths, weaknesses, problems, and needs for the development
of the alcohol and drug treatment plan.

(H) Treatment planning, which is the process by which the
counselor and the client identify and rank problems needing
resolution, establish agreed-upon immediate and long-term goals,
and decide on a treatment process and the resources to be utilized.

(I) Client education, which is providing information to
individuals and groups concerning alcohol and drug use and the
services and resources available.

(J) Referral, which is identifying the needs of the client that
cannot be met by the counselor or agency, as well as assisting the
client in utilizing the support systems and community resources
available.

(K) Reports and recordkeeping, which is the documentation of
the client’s progress in achieving his or her goals.

(L) Consultation with other professionals with regard to client
treatment or services and communicating with other professionals
to ensure comprehensive, quality care for the client.

begin insert 11975.53. end insert   

Alcohol and drug 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 health practitioner consistent with the client’s needs.
Every licensee who operates an independent counseling practice
shall refer any client assessed as needing the services of another
licensed professional to that professional in a timely manner.

begin insert 11975.55. end insert   

Provided that this exception does not preclude the
board from considering any conduct in any setting in its
determination of fitness for registration or licensure or in any
disciplinary matter, this part shall not apply to any of the following:

(a) A person who engages in the practice of alcohol and drug
counseling exclusively for any of the following:

(1) In-custody services of the 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 government
of the United States.

(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
or certified alcohol and drug counselor or registered intern.

(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.

begin insert 11975.57. end insert   

Nothing in this part shall be construed to constrict,
limit, or withdraw the Medical Practice Act (Chapter 5
(commencing with Section 2000)) of, the Nursing Practice Act
(Chapter 6 (commencing with Section 2700)) of, the Psychology
Licensing Act (Chapter 6.6 (commencing with Section 2900)) of,
the Licensed Marriage and Family Therapist Act (Chapter 13
(commencing with Section 4980)) of, the Clinical Social Worker
Practice Act (Chapter 14 (commencing with Section 4991)) of, or
the Licensed Professional Clinical Counselor Act (Chapter 16
(commencing with Section 4999.10)) of, Division 2 of the Business
and Professions Code.

begin insert 11975.58. end insert   

A person who has received a registration or license
under this part may use the title “advanced alcohol and drug
counselor intern” or “AADCI,” or “licensed advanced alcohol
and drug counselor” or “LAADC,” in accordance with the type
of registration or license possessed. Every person who styles
himself or herself or who holds himself or herself out to be an
AADCI or LAADC, without holding a license or registration in
good standing under this part, is guilty of a misdemeanor.

begin insert 11975.59. end insert   

(a) It is unlawful for a person to engage in the
practice of alcohol and drug counseling outside of a licensed or
certified alcohol and drug treatment facility, unless at the time of
so doing, the person holds a valid, unexpired, and unrevoked
license or registration under this part.

(b) This section shall become operative on January 1, 2017.

 

Chapter   begin insert 6. end insert Licenses and Renewals

 

begin insert 11975.60. end insert   

(a) Licenses or registrations issued under this part
shall expire within two years after the issue date. The expiration
date of the original license or registration shall be set by the board.

(b) To renew an unexpired license or registration, the licensee
or registered intern shall, on or before the expiration date of the
license or registration, complete the following actions:

(1) Apply for a renewal on a form prescribed by the board.

(2) Pay a two-year renewal fee prescribed by the board.

(3) Complete at least 60 hours of continuing education, as
approved by the board.

(4) Notify the board whether he or she has been convicted 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 or registered intern’s last
renewal.

(c) To renew an expired license or registration within three
years of its expiration, the licensee or registered intern shall, as
a condition precedent to renewal, do all of the following:

(1) Apply for renewal on a form prescribed by the board within
three years of the expiration date of the license.

(2) Pay the renewal fees that would have been paid if the license
or registration had not been delinquent.

(3) Pay all delinquency fees.

(4) Complete the applicable continuing education requirements.

(5) Notify the board whether he or she has been subject to, or
whether another department or board has taken, disciplinary action
since the last renewal.

(d) The department shall adopt regulations to allow for the
reinstatement of a license or registration that is not renewed within
three years after its expiration.

begin insert 11975.63. end insert   

(a) A licensed advanced alcohol and drug counselor
shall display his or her license in a conspicuous place at the
primary place of his or her business.

(b) The current renewal receipt shall be displayed near the
license.

begin insert 11975.65. end insert   

A licensed advanced alcohol and 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.

begin insert 11975.67. end insert   

A suspended license is subject to expiration and may
be renewed as provided in this part, but the renewal does not entitle
the licensee, while the licensee remains suspended and until the
licensee is reinstated, to engage in the activity to which the license
relates, or in any other activity or conduct in violation of the order
or judgment by which it was suspended.

begin insert 11975.68. end insert   

(a) A licensed advanced alcohol and drug counselor
may apply to the board to request that his or her license be placed
on inactive status.

(b) A person who holds an inactive license 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 11975.60, but shall otherwise be subject
to this part and shall not engage in the practice of alcohol and
drug counseling in this state.

(c) A person on inactive status who has not committed any acts
or crimes constituting grounds for denial of licensure or
registration may, upon his or her request, have his or her license
to practice alcohol and drug counseling placed on active status.

(d) A person requesting his or her license to be placed on active
status at any time during a renewal cycle shall pay a pro rata
portion of the renewal fees.

(e) A person requesting to have his or her license be placed on
active status whose license expires less than one year from the
date of the request shall be required to complete 20 hours of
continuing education for license renewal.

(f) A person requesting his or her license to be placed on active
status whose license expires more than one year from the date of
the request shall be required to complete 40 hours of continuing
education for license renewal.

begin insert 11975.69. end insert   

A person licensed or registered under this part shall
comply with both of the following:

(a) Provide written notice to the board within 30 days of any
change of address.

(b) Provide written notice to the board 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.

 

Chapter   begin insert 7. end insert Denial, Suspension, Revocation

 

begin insert 11975.70. end insert   

The board may deny an application or may revoke,
suspend, or impose conditions upon a license or the intern
registration for unprofessional conduct. Unprofessional conduct,
includes, but is not limited to, any of the following:

(a) Securing an intern registration, license, or renewal by fraud,
deceit, or misrepresentation on any application or material in
support of any application for intern registration, licensure, or
renewal.

(b) Misrepresenting the type or status of intern registration or
licensure held by the person, or otherwise misrepresenting or
permitting misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person, program,
or entity.

(c) Refusal or failure to provide proper identification as a
licensee or registered intern where appropriate or required, such
as when offering or providing alcohol and drug counseling
services, on business cards, or on informational or marketing
materials.

(d) Advertising, marketing, or promoting programs, services,
training, education, or experience in a false and misleading
manner, as set forth in Chapter 5 (commencing with Section 17200)
of Part 2 of Division 7 of the Business and Professions.

(e) Engaging in inappropriate social relationships, sexual
relations, or soliciting sexual relations with a client or with a
former client within two years from the termination date of the
counseling relationship.

(f) Committing an act of sexual abuse, misconduct, or an act
punishable as a sexually related crime.

(g) Engaging in a business relationship with clients, patients,
program participants, residents, or other persons significant to
them within one year from the termination of the counseling
relationship.

(h) Physically, verbally, or sexually harassing, threatening, or
abusing other staff members, clients, patients, program
participants, residents, or other persons significant to any of those
persons.

(i) Unlawfully 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 holding or applying for
intern registration or licensure or to any other person, or to the
public.

(j) Violating patient or client confidentiality except as required
or permitted by law, including, but not limited to, Subparts A to
E, inclusive, of Part 2 of Subchapter A of Chapter 1 of Title 42
Code of Federal Regulations, and child abuse, elder abuse, and
public safety laws and regulations.

(k) Failing to maintain records consistent with the nature of the
services being rendered.

(l) Refusing or denying patient or client access to charts and
records as required by law.

(m) Violating, attempting to violate, or conspiring to violate
any law or regulation governing licensed advanced alcohol and
drug counselors and registered interns.

(n) Failure to comply with the child abuse reporting
requirements of Section 11166 of the Penal Code.

(o) Failure to comply with the elder and dependent adult abuse
reporting requirements of Section 15630 of the Welfare and
Institutions Code.

begin insert 11975.71. end insert   

The board shall revoke a license or the registration
of an intern 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 licensee or registered intern 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 board.

begin insert 11975.72. end insert   

The board may deny an application, or may revoke
or suspend a license or intern registration issued under this part,
for a 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 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.

begin insert 11975.73. end insert   

(a) The chairperson may temporarily suspend a
license or intern registration prior to a hearing when, in the
opinion of the chairperson, the action is necessary to protect the
public or a client from physical or mental abuse, abandonment,
or other substantial threat to health or safety.

(b) The chairperson shall give notice of the temporary
suspension and the effective date of the temporary suspension and,
at the same time, shall serve an accusation.

(c) Upon receipt of a notice of defense to the accusation, the
chairperson 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 chairperson has made a final determination on
the need for the temporary suspension to remain in place pending
resolution of the accusation.

(d) The temporary suspension shall be deemed vacated if the
chairperson fails to make a final determination on the merits within
30 days after the hearing, if the chairperson hears the matter
personally, or within 30 days after the board receives the proposed
decision from the Office of Administrative Hearings, or if the
matter is heard by a hearing officer selected by the board.

begin insert 11975.74. end insert   

(a) A person who has applied for or received a
license or intern registration from the board under this part has
the right to appeal an adverse decision of the board with regard
to his or her application, license, or registration.

(b) Unless the board 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).

begin insert 11975.75. end insert   

The board may impose reasonable terms, conditions,
or restrictions on a disciplinary action to protect the health, safety,
and welfare of the public.

begin insert 11975.76. end insert   

A person may request reinstatement of a license or
intern registration or a reduction of discipline, by applying for
reinstatement or reduction pursuant to Section 11522 of the
Government Code.

begin insert 11975.77. end insert   

(a) An applicant who fails an examination
administered by or on behalf of the board 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.

(b) 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.

begin insert 11975.78. end insert   

(a) An applicant for a license or intern registration
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 or
registration.

(b) The following procedure shall be followed for criminal
offender record information searches:

(1) The board shall submit to the Department of Justice
fingerprint images and related information required by the
Department of Justice of all advanced alcohol and drug counselor
licensure or advanced alcohol and drug counselor intern
registration applicants, as defined by Section 11975.13, to obtain
information as to the existence and content of a record of state or
federal convictions, state or federal arrests, and 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 the
relevant information to the Federal Bureau of Investigation and
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 board.

(3) The Department of Justice shall provide a response to the
board pursuant to paragraph (1) of subdivision (p) of Section
11105 of the Penal Code.

(4) The board 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 and
electronic submission fee charged by the live scan device operator.

(c) Before issuing a license or registration, the board shall
ensure that the state and federal level criminal history of the
applicant is reviewed.

(d) The board shall deny or revoke a person’s license or
registration if, at the time of the board’s determination, the person
meets one or more of the following criteria:

(1) He or she 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 board’s determination.

(2) He or she is required to register as a sex offender pursuant
to Section 290 of the Penal Code.

(3) (A) Subject to subdivisions (b) and (c), he or she 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 board’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 licensed or registered, if the board receives the
written approval of his or her parole officer or the Board of Parole
Hearings, as the Board of Parole Hearings may provide. The
written approval may be withdrawn by the Board of Parole
Hearings upon written notice to the licensee, registered intern, or
parolee and to the board. In the event of withdrawal of the
approval, the licensee, registered intern, or parolee’s licensure
or registration shall be revoked by the board upon receipt by the
board of the notice, without further recourse against the board.
The Board of Parole Hearings shall set the procedure for review
of the withdrawal of approval. If the approval is reinstated, the
board shall reinstate the licensee, registered intern, 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 board determines is
substantially related to the practice of alcohol and drug counseling.

(D) The board 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.

begin insert 11975.79. end insert   

(a) Except as otherwise provided in this part, an
accusation filed pursuant to Section 11503 of the Government
Code against a person licensed or registered under this part shall
be filed within three years from the date the board 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 or registered
alleging the procurement of a license 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 board 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 board due to an ongoing
criminal investigation.

(f) For purposes of this section, “discovers” means the latest
occurrence of any of the following with respect to each act or
omission alleged as the basis for disciplinary action:

(1) The date the board received a complaint or report describing
the act or omission.

(2) The date, subsequent to the original complaint or report,
on which the board became aware of additional acts or omissions
alleged as the basis for disciplinary action against the same
individual.

(3) The date the board receives from the complainant a written
release of information pertaining to the complainant’s diagnosis
and treatment.

begin insert 11975.795. end insert   

(a) Nothing in this part shall apply to any alcohol
and 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 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 drug counseling in the state or country in which he
or she resides.

(b) These alcohol and 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.

 

Chapter   begin insert 8. end insert Fiscal Provisions

 

begin insert 11975.80. end insert   

(a) The Advanced Alcohol and Drug Counselors
License Fund is hereby established in the State Treasury. All fees
and fines collected by the board in accordance with this part shall
be deposited in this fund.

(b) The moneys in the fund shall be available, upon
appropriation by the Legislature, for the purpose of supporting
the licensing and intern registration activities of the board.

begin insert 11975.83. end insert   

(a) Until the board establishes different fees by
regulation, the board shall assess the following fees relating to
the licensure of advanced alcohol and drug counselors and the
registration of advanced alcohol and drug counselor interns:

(1) The application fee for an initial registration shall be
seventy-five dollars ($75).

(2) The fee for renewal of a registration shall be seventy-five
dollars ($75).

(3) The fee for a written examination administered by the board
shall be one hundred fifty dollars ($150). The fee for an
examination administered on behalf of the board shall not exceed
more than 125 percent of the standard examination fee assessed
by the testing company.

(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 11975.45 or any other examination that is recognized by
the board but not administered by or on behalf of the board.

(4) The fee for issuance of an initial license shall be one hundred
fifty-five dollars ($155).

(5) The fee for a license renewal shall be one hundred fifty-five
dollars ($155).

(6) The fee for an inactive license renewal shall be seventy-seven
dollars and fifty cents ($77.50).

(7) The renewal delinquency fee shall be seventy-five dollars
($75). A person who permits his or her license to expire is subject
to the delinquency fee.

(8) The fee for issuance of a replacement registration or license
shall be twenty dollars ($20).

(9) The fee for issuance of a certificate or letter of good standing
shall be twenty-five dollars ($25).

(10) The fee for board review of the criminal records
information shall be thirty dollars ($30).

(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 board may establish fees for other categories as
necessary, however, the total fees collected by the board pursuant
to this part shall not exceed the reasonable cost to the board for
administering this part. The fees described in subdivision (a) shall
not exceed the reasonable costs to the board for administering this
part.

(c) The startup funds to implement this part shall be derived,
as a loan, from the reserve of the fund, upon appropriation by the
Legislature, and the board is not required to implement this part
until those funds are appropriated.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

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.

end insert

begin delete

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 Other Drug
Counselors

 

11999.40.  

For purposes of this division, the following
definitions apply:

(a) “AOD counselor” means a person registered or certified as
an alcohol or other drug counselor by an approved certifying
organization.

(b) “Approved certifying organization” means an organization
that the department has approved to register or certify AOD
counselors.

(c) “Department” means the State Department of Health Care
Services.

(d) “Director” means the Director of Health Care Services.

11999.41.  

(a) Commencing January 1, 2015, the department
shall require approved certifying organizations to require each
person who applies to become registered or certified as an AOD
counselor and any AOD counselor who is registered or certified
as an AOD counselor as of January 1, 2015, to submit fingerprint
images via Live Scan for purposes of obtaining a criminal
background check under this section.

(b) For persons described in subdivision (a), the department
shall electronically submit to the Department of Justice fingerprint
images and related information required by the Department of
Justice for the purpose of obtaining both of the following:

(1) The existence and content of a record of state or federal
convictions and state or federal arrests.

(2) 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
recognizance pending trial or appeal.

(c) 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.

(d) The Department of Justice shall provide a state or federal
response to the department pursuant to subdivision (p) of Section
11105 of the Penal Code.

(e) The department shall request from the Department of Justice
subsequent notification service, as provided pursuant to Section
11105.2 of the Penal Code, for persons described in subdivision
(a).

(f) The Department of Justice shall charge the subject of the
criminal background check a reasonable fee sufficient to cover the
cost to the Department of Justice of processing the requests
described in this section.

(g) (1) For persons described in subdivision (a), the department
shall review all criminal background information received from
the Department of Justice and determine, based on the regulations
developed pursuant to subdivision (a) of Section 11999.42, whether
to deny an application or revoke a registration or certification based
on the criminal background information. The department shall
notify the individual’s certifying organization of the department’s
determination.

(2) The department may deny or revoke a registration or
certification pursuant to this subdivision only if the conviction of
a crime is substantially related to the qualifications, functions, or
duties of a registered or certified AOD counselor.

(3) The department shall not deny or revoke a registration or
certification pursuant to this subdivision solely on the basis of
convictions stemming from prior use of drugs or alcohol, provided
the individual meets the terms of rehabilitation established in
regulations developed pursuant to subdivision (a) of Section
11999.42.

(h) An applicant or AOD counselor whose application is denied
or whose registration or certification is revoked pursuant to
subdivision (g) shall have the right to appeal the denial or
revocation in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code.

(i) The department shall establish a reasonable application fee
to be charged to the certifying organization for each applicant or
AOD counselor requesting a background check pursuant to this
section. The department shall set the fee at an amount that is
sufficient to cover, but shall not exceed, the actual reasonable costs
of administering this division.

(j) The Alcohol and Other Drug Counselor Professions Fund is
hereby created in the State Treasury, to be administered by the
department. The fund shall consist of the fees specified in
subdivision (i). Moneys in the fund shall be available, upon
appropriation, for the purposes specified in subdivision (i).

11999.42.  

(a) By September 1, 2014, the department shall
adopt regulations to implement this division, which shall include,
but are not limited to, individualized assessment standards,
exemptions, and terms of rehabilitation for eligibility to become
or to continue to be registered or certified as an AOD counselor,
including rebuttable presumptions with respect to the acceptance
or rejection of an applicant or an AOD counselor with a prior
criminal conviction.

(b) In adopting regulations pursuant to this section, the
department shall convene and consult a stakeholder’s group to
advise the department on the development of criteria for baseline
decisions regarding AOD counselors, as these decisions relate to
criminal background checks and to make recommendations to the
department regarding criteria for disciplinary guidelines.

(c) The regulations described in subdivision (a) may be adopted
as emergency regulations. The adoption of these regulations is
deemed to address an emergency and to be necessary for the
immediate preservation of the public peace, health, safety, or
general welfare. Emergency regulations authorized by this
subdivision shall be exempt from review by the Office of
Administrative Law. However, the department shall transmit those
regulations to the Office of Administrative Law for filing with the
Secretary of State and publication in the California Code of
Regulations. Notwithstanding any other law, for purposes of
subdivision (e) of Section 11346.1 of the Government Code, the
180-day period, as applicable to the effective period of an
emergency regulatory action and submission of specified materials
to the Office of Administrative Law, is hereby extended to one
year, by which time the department shall have adopted permanent
regulations.

11999.43.  

An approved certifying organization shall do all of
the following:

(a) Report complaints made against an AOD counselor to the
department, and assist in documenting these complaints.

(b) Comply with the department’s decisions regarding
disciplinary actions, including initial denial of a registration or
certification.

(c) Report any known criminal convictions of an AOD counselor
to the department.

11999.44.  

The department shall report any complaints made
to the department against an AOD counselor to the approved
certifying organization that conferred the individual’s registration
or certification and assist that organization in documenting the
complaint.

end delete