Amended in Assembly August 4, 2014

Amended in Assembly July 2, 2014

Amended in Assembly June 25, 2014

Amended in Assembly June 17, 2014

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 Chapter 9.7 (commencing with Section 4450) to Division 2 of the Business and Professions Code, relating to alcohol and drug counselors.

LEGISLATIVE COUNSEL’S DIGEST

SB 570, as amended, DeSaulnier. Advanced Alcohol and Drug Licensing Act.

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

This bill 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 Consumer begin delete Affairs, and end delete begin insert Affairs. The bill end insert would authorize the board to commence issuing these licenses and registrations on January 1, begin delete 2017 end delete begin insert 2018 end insert . 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 begin delete provisions, and commencing on January 1, 2017, it end delete begin insert provisions. The bill end insert would begin delete be end delete begin insert also make it end insert unlawful for a person to begin insert operate an individual private practice for alcohol and drug treatment or end insert engage in the practice of alcohol and drug counseling outside of begin delete a licensed or certified end delete begin insert an end insert alcohol and drug treatment facility begin insert or program, or DUI program end insert , unless at the time of so doing, the person holds a valid, unexpired, and unrevoked license or registration under these provisions. The bill would require a licensed alcohol and drug counselor working in a private practice setting to refer all clients to prescribed professionals, within begin delete 14 end delete begin insert 30 end insert days of intake, to assess any begin delete cooccurring end delete begin insert co-occurring end insert needs or disorders. Because the bill would create a new crime, it would impose a state-mandated local program.

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 begin insert pursuant to these provisions end insert . The bill would set various licensing and registration fees, until the board establishes different fees by regulation begin insert , as specified end 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.

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:

begin insert

begin insert SECTION 1. end insert   

end insert begin insert

(a) The Legislature finds and declares all of the
following:

end insert begin insert

(1) Substance use disorder is ranked in the top five clinically
preventable burdens on health care spending.

end insert begin insert

(2) The level of health care services used by addicts before
receiving treatment is more than double that of nonaddicts. It has
been shown that after 12 months of treatment of substance use
disorders, the levels of health care services used return to almost
average.

end insert begin insert

(3) There are an estimated 3.5 million persons with diagnosable
substance use disorders in California and a limited number of
available practitioners to treat addiction in California.

end insert begin insert

(4) Substance use disorder can be treated in a cost-effective
manner in its earliest stages in a private practice environment.

end insert begin insert

(5) The federal Patient Protection and Affordable Care Act
(Public Law 111-148) mandates substance disorder treatment as
an essential benefit.

end insert begin insert

(6) The need for qualified, competent substance disorder
treatment professionals will continue to rise throughout the next
decade.

end insert begin insert

(b) Therefore, it is the intent of the Legislature in enacting this
act to establish a license for alcohol and drug counselors so that
all of the following may occur:

end insert begin insert

(1) Access to substance use treatment services can be expanded.

end insert begin insert

(2) Additional licensed professionals needed to successfully
implement the federal Patient Protection and Affordable Care Act
(Public Law 111-148) can supplement the workforce.

end insert begin insert

(3) Those seeking treatment for substance use disorders in
California will find a coordinated system of care in which “no
wrong door” is found in response to accessing this care.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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

 

Chapter  9.7. Advanced Alcohol and Drug Counselor
Licensing and Advanced Alcohol and Drug Counselor
Intern Registration

 

Article 1.  General Provisions

 

4450.  

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

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

4450.1.  

For purposes of this chapter, the following 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 4453 to become licensed, who
is seeking to meet the supervised experience requirements of this
chapter, 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.
Advertising 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 performed
by a supervisor, or monitoring the performance of 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) “Clock hour” means 50 continuous minutes of instruction.
Fifteen clock hours is equal to one semester unit of college credit.

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

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

(h) “Independent counseling practice” means an individual or
individuals who are licensed pursuant to terms of this chapter to
engage in the practice of alcohol and drug counseling, as defined
in Section 4454, begin delete in a setting outside of a licensed or certified
facility. end delete begin insert and are self-employed on a full-time or part-time basis
and are responsible for that independent practice. end insert

(i) “IC&RC” means the International Certification and
Reciprocity Consortium.

(j) “Licensed advanced alcohol and drug counselor” or
“LAADC” means a person licensed by the board pursuant to
Section 4453.1 or 4453.2 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.

(k) “Student” means an unlicensed person who is currently
enrolled in a master’s or doctoral degree program, as specified in
paragraph (1) of subdivision (a) of Section 4453.2 that is designed
to qualify him or her for licensure under this chapter.

 

Article 2.  The Advanced Alcohol and Drug Counselor Licensing
Board

 

4451.  

(a) There is in the Department of Consumer Affairs, 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.

begin insert

(d) One public member shall be a licensed physician and
surgeon who specializes in addiction medicine.

end insert begin delete

(d)

end delete

begin insert (e) end insert  (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.

begin delete

(e)

end delete

begin insert (f) end insert  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.

begin delete

(f)

end delete

begin insert (g) end insert  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.

begin delete

(g)

end delete

begin insert (h) end insert  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.

begin delete

(h)

end delete

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

begin delete

(i)

end delete

begin insert (j) end insert  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 department are paid and shall be
subject to the availability of money. Notwithstanding any other
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.

4451.1.  

(a) The board may appoint an executive officer. 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 chapter.

(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 a meeting of the board or a
committee.

4451.2.  

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 chapter and the other chapters it administers and
enforces, within budget limitations.

4451.3.  

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.

4451.4.  

The duty of administering and enforcing this chapter
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.

4451.5.  

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.

 

Article 3.  Administration

 

4452.  

The board shall administer and enforce this chapter.

4452.1.  

In order to carry out the provisions of this chapter, 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 chapter. 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, begin delete 2017, end delete begin insert 2018, end insert to those who meet the
qualifications of this chapter and any regulations adopted pursuant
to this chapter.

(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, imposition of administrative fines not
to exceed five thousand dollars ($5,000), or any combination of
these. The board shall not take action against certified counselors
and staff of licensed and certified facilities who are not registered
with the board as interns or who are not licensed by the board.

(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
chapter.

(g) Establish parameters of unprofessional conduct that are
consistent with the uniform code of conduct adopted by the
California Coalition of Certifying Organizations and accepted by
the State Department of Health Care Services in June 2013.

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

(i) Establish policies to implement and enforce clinical
supervision requirements for registered interns prescribed in
Section 5543.2.

begin delete

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

end delete begin delete

(k)

end delete

begin insert (j) end insert  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.

begin delete

(l)

end delete

begin insert (k) end insert  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.
This committee shall become inoperative two years after the board
issues the first license pursuant to this chapter.

 

Article 4.  Qualifications and Requirements for Licensure and
Registration

 

4453.  

(a) Commencing January 1, begin delete 2017, end delete begin insert 2018, end insert 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
doctoral degree in alcohol and drug counseling, psychology, social
work, counseling, marriage and family therapy, counseling
psychology, clinical psychology, 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, the Bureau for Private Postsecondary
Education, begin insert the Commission on Accreditation of Coursework on
Social Work Education, end insert or state or regional accrediting agency
approved by the board. The board has the authority to make the
final determination as to whether a degree meets all requirements,
including, but not limited to, course requirements, regardless of
approval.

(2) Completes 315 clock hours of alcohol and drug-specific
education approved by the board from an institution of higher
learning accredited by the Western Association of Schools and
Colleges, the Bureau for Private Postsecondary Education, begin insert the
Commission on Accreditation of Coursework on Social Work
Education, end insert or a state or regional accrediting agency approved by
the board. This education shall include, but is not limited to, all of
the following:

(A) Forty-five clock hours of psychopharmacology/physiology
of addiction including the following areas: examination of the
effects of alcohol and similar legal psychoactive drugs to the body
and behavior; damage to the body and behaviors; damage to the
brain, liver, and other organs; tolerance, cross tolerance, and
synergistic effects; physiological differences between males and
females; disease model including neurobiological signs and
symptoms.

(B) Forty-five clock hours of clinical
evaluation/psychopathology, including the following areas: initial
interviewing process; biopsychosocial assessment; differential
diagnosis; diagnostic summaries; co-occurring disorders, referral
processes, and the evaluation of clients using placement criteria,
including 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 alcohol and
other drug abuse treatment program.

(C) Forty-five clock hours of counseling/psychotherapy for
addiction, including the following areas: introduction to counseling;
introduction to techniques and approaches; crisis intervention;
individual counseling focused on addiction; group counseling; and
family counseling as it pertains to addiction treatment.

(D) Forty-five clock hours in case management, including the
following areas: community resources; consultation;
documentation; and HIV positive resources.

(E) Forty-five clock hours of client education, including the
following areas: addiction recovery; psychological client education;
biochemical/medical client education; sociocultural client
education; addiction recovery and psychological family education;
biomedical and sociocultural family education; and community
and professional education.

(F) Forty-five clock hours of professional responsibility/law
and ethics, including the following: ethical standards, legal aspects,
cultural competency, professional growth, personal growth,
dimensions of recovery, clinical supervision, and consultation;
community involvement; and operating a private practice.

(3) Completes a supervised practicum of no less than 315
performance (experience) hours, including 45 hours of classroom
instruction and 255 hours of practical experience performed at an
agency approved by the practicum instructor. The practical
experience shall include the core functions demonstrating the
application of knowledge and skills in practice setting essential to
professional alcohol and drug counseling.

(4) Submits to a state and federal level criminal offender record
information search and passes both background checks as specified
in Section 4456.8.

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

(6) Completes the application for registration.

(b) The board may accept any or all of the hours of education
stipulated in Section begin delete 5543.2 end delete begin insert 4453.2 end insert as part of the education leading
to a person’s earned master of arts, master of science, or doctoral
degree.

4453.1.  

Commencing January 1, begin delete 2017, end delete begin insert 2018, end insert and ceasing with
the disposition of all completed applications actually received by
the board by June 30, begin delete 2018, end delete begin insert 2019, end insert the board shall issue a licensed
advanced alcohol and drug counselor (LAADC) license pursuant
to subdivision (b) of Section 4452.1 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, begin delete 2017: end delete begin insert 2018: end insert

(1) Holds a current, valid, advanced alcohol and drug counseling
certification, or clinical supervision certification issued by a
certifying organization recognized by the State Department of
Health Care Services on or before January 1, begin delete 2017. end delete begin insert 2018. end insert 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 alcohol and drug counseling
education approved for certification by the IC&RC or any other
organization recognized by the board to have standards equal to
or higher than those of the IC&RC.

(B) A 45-hour practicum course approved for certification by
the IC&RC or any other organization recognized by the board to
have standards equal to or higher than those of the IC&RC, or a
supervised internship approved by the board.

(C) Documentation of 6,000 hours of work experience as an
alcohol and drug counselor approved for certification by the
IC&RC or any other organization recognized by the board to have
standards equal to or higher than those of the IC&RC.

(D) Receipt of a passing score on begin delete a test approved for certification
by end delete the IC&RC begin delete or any other organization recognized by the board
to have standards equal to or higher than those of the IC&RC. end delete
begin insert Advanced Alcohol and Drug Counselor examination or other
nationally recognized examination deemed by the board to be
equivalent. end insert

(E) A letter from a certifying organization affiliated with the
IC&RC and recognized by the department, or any other
organization recognized by the board to have standards equal to
or higher than those of the IC&RC, that confirms that the applicant
is an advanced-level counselor in good standing at the time of the
application.

begin insert

(F) Submit three original letters of recommendation, dated
within the preceding 12 months, typed on the signatory’s
letterhead, from professionals employed at licensed agencies where
addiction treatment services are provided, attesting to the
applicant’s personal character and professional ethics.

end insert

(2) The education described in subparagraph (A) of paragraph
(1) shall include, but is not limited to, both of the following:

(A) Forty-five clock hours of clinical
evaluation/psychopathology, including the following areas: initial
interviewing process; biopsychosocial assessment; differential
diagnosis; diagnostic summaries; and begin delete cooccurring end delete begin insert co-occurring end insert
disorders, referral processes, and the evaluation of clients using
placement criteria, including 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 alcohol and other drug abuse treatment program.

(B) Forty-five clock hours of professional responsibility/law
and ethics, including the following: ethical standards, legal aspects,
cultural competency, professional growth, personal growth,
dimensions of recovery, clinical supervision, consultation;
community involvement; and operating a private practice.

(3) Submits to a state and federal level criminal offender record
information search no later than January 1, begin delete 2017, end delete begin insert 2018, end insert and passes
both background checks as specified in Section 4456.8.

(4) Provides a letter from a certifying organization affiliated
with the IC&RC and recognized by the State Department of Health
Care Services, or any other organization recognized by the board
to have standards equal to or higher than those of the IC&RC, that
confirms that the applicant has documented a total of 10,000 hours
of experience in alcohol and drug abuse counseling consistent with
IC&RC standards for advanced certification. Work experience
documented to meet this requirement shall have occurred within
10 years prior to the implementation of this chapter.

(A) Documentation of an associate of 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) A degree used in lieu of experience hours begin delete is required to be
substantially related to alcohol and drug counseling. end delete begin insert shall be in
alcohol and drug counseling, psychology, social work, counseling,
marriage and family therapy, counseling psychology, clinical
psychology, 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, the Bureau for Private Postsecondary Education, the
Commission on Accreditation of Coursework on Social Work
Education, or a state or regional accrediting agency approved by
the board. The board has the authority to make the final
determination as to whether a degree meets all of the requirements
of this chapter, including, but not limited to, course requirements. end insert

(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, begin delete 2016: end delete begin insert 2017: end insert

(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 4453.2 may be gained as part of the education leading to
a person’s earned master of arts, master of science, doctoral degree,
or certification preparation.

begin insert

(d) A license granted to an applicant pursuant to subdivision
(a) who does not possess a master’s degree as described by
subdivision (a) of Section 4453.2 shall be provisional for two years.
The board shall review all provisional licenses before removing
the provisional status in order to review whether the applicant has
been disciplined for ethical violations resulting in harm to the
public that would cause the applicant's continued licensure to be
a danger to the public. A denial of a continuation of a provisional
license may be appealed according to Section 4456.4.

end insert

4453.2.  

(a) Commencing January 1, begin delete 2017, end delete begin insert 2018, end insert the board
shall issue begin delete a end delete begin insert an end insert LAADC license pursuant to subdivision (b) of
Section 4452.1 to each person who the board determines meets all
of the following requirements:

(1) Possesses an earned master of arts, master of science, or
doctoral degree in alcohol and drug counseling, psychology, social
work, counseling, marriage and family therapy, counseling
psychology, clinical psychology, 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 the educational requirements in paragraphs (2)
and (3) of subdivision (a) of Section 4453.

(3) 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.

(4) Receives a passing score on begin delete a nationally recognized exam
for licensure designated by the board. end delete begin insert the IC&RC Advanced
Alcohol and Drug Counselor examination or other nationally
recognized examination by the board to be equivalent. end insert

(5) Submits to a state and federal level criminal offender record
information search and passes both background checks as specified
in Section 4456.8.

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

(7) 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 science, or doctoral
degree.

4453.3.  

(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 chapter.

(b) The board may issue a license to a 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 begin delete current applicable examination. end delete begin insert IC&RC Advanced
Alcohol and Drug Counselor examination or other nationally
recognized examination deemed by the board to be equivalent. end insert

(3) Pays the required fees.

(4) Passes the required background check, as specified in Section
4456.8.

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

4453.4.  

(a) The supervised experience required in Section
4453.2 may be gained under the clinical supervision of an LAADC,
or a licensed health professional specified by the board. This
experience shall meet all of the following criteria:

(1) Every two years, completion of a clinical supervision training
program approved by the board.

(2) 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.

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

(4) 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.

(5) 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 a 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 (e).

(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 chapter and is within the scope of
practice for the profession as defined in Section 4454.

(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 remuneration from patients
or clients, and shall be paid only by his or her employer. A
supervisee shall not have a 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 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 shall limit, by regulation, the number of registered
interns that one supervisor may supervise, the number of registered
interns that may be supervised in a given program or setting, and
the proportion of the workforce in a given program or setting that
may be comprised of registered interns.

(m) Programs licensed or certified by the State Department of
Health Care Services 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 State Department of Health Care Services if the
conditions for supervised hours are present at the time of service.

 

Article 5.  Scope of Practice

 

4454.  

(a) (1) The board shall issue a license or intern
registration to each applicant meeting the requirements of this
chapter. 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 chapter,
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 chapter, “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.

4454.1.  

(a) 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.

(b) (1) Licensed alcohol and drug counselors providing services
in a private practice setting shall refer all clients for an initial
assessment to one of the following professionals within begin delete 14 end delete begin insert 30 end insert days
of intake to assess any begin delete cooccurring end delete begin insert co-occurring end insert needs or disorders:

(A) A begin insert licensed end insert marriage and family therapist.

(B) A licensed clinical social worker.

(C) A licensed psychologist.

(D) A licensed physician and surgeon certified in psychiatry by
the American Board of Psychiatry and Neurology.

(E) A licensed physician and surgeon who has completed a
residency, but is not yet board certified, in psychiatry.

begin insert

(F) A licensed physician and surgeon who is certified by the
American Board of Addiction Medicine.

end insert begin delete

(F)

end delete

begin insert (G) end insert  A licensed professional clinical counselor.

begin delete

(G)

end delete

begin insert (H) end insert  Any other licensed professional approved by the board.

(2) Referrals made pursuant to this subdivision shall be
documented in the client’s chart.

(3) A professional receiving a referral pursuant to this
subdivision shall, with the written consent of the client, provide
to the referring alcohol and drug counselor a signed, written report
that includes assessment results and treatment and referral
recommendations. The referring alcohol and drug counselor shall
place the report in the client’s chart.

(4)  begin insert (A) end insert begin insert   end insert A licensee shall, in an effective and safe manner,
demonstrate the ability to refer patients in need of services that
exceed the scope of practice of an alcohol and drug counselor. The
licensee shall maintain current referral information for the services
he or she is prohibited from providing.

begin insert

(B) The board may suspend or revoke the license of an alcohol
and drug counselor for failing to refer a client to an appropriate
mental health professional for a co-occurring disorder or disorders
or treating clients for disorders beyond the scope of practice
provided for in this chapter.

end insert

(5) During the course of the screening and intake process, a
licensed alcohol and drug counselor, working within the scope of
his or her practice, shall determine the level of care most
appropriate for the client and the need for integrated treatment in
the presence of medical, emotional, and behavioral conditions.
This determination shall be based on the client’s state of
intoxication or withdrawal, the presence of other conditions, relapse
potential, the nature of the recovery environment, and other client
issues, including, but not limited to, legal, financial, or housing
issues.

(6) If the licensed alcohol and drug counselor properly refers a
client as required pursuant to this subdivision, the counselor shall
not be deemed to be practicing illegally based solely on a client’s
refusal or failure to follow up on the referral, and the counselor
may continue to see and treat the client.

begin insert

(7) If a client is referred to a licensed alcohol and drug
counselor or is under the care of a licensed mental health
professional at the time of intake or screening, written
documentation shall be made in the client’s chart that he or she
has been referred to a licensed alcohol and drug counselor or is
under the care of a licensed mental health professional, and the
referral requirement of this section shall be presumed to have been
made.

end insert

4454.2.  

Provided that this exception does not preclude the
board from considering conduct in any setting in its determination
of fitness for registration or licensure or in a disciplinary matter,
this chapter 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.

(e) A director, officer, or staff member of a program described
in subdivision (l) or (m) of Section 11752.1 of the Health and
Safety Code.

4454.3.  

begin insert (a) end insert begin insert   end insert This chapter shall not 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 begin delete Act end delete Law (Chapter 6.6 (commencing with Section 2900)),
the Licensed Marriage and Family Therapist Act (Chapter 13
(commencing with Section 4980)), the Clinical Social Worker
Practice Act (Chapter 14 (commencing with Section 4991)), or
the Licensed Professional Clinical Counselor Act (Chapter 16
(commencing with Section 4999.10)). This section shall not be
construed to mean that persons exempted from this act pursuant
this section shall be required to be dually licensed in order to
provide alcohol and drug counseling services.

begin insert

(b) This chapter shall not be construed to constrict, limit, or
prohibit state licensed, certified, or county contracted alcohol and
drug treatment facilities or programs, or DUI programs from
employing or contracting with alcohol and drug counselors
certified by a certifying organization accredited and state approved
under Chapter 8 of Division 4 of Title 9 of the California Code of
Regulations.

end insert begin insert

(c) This chapter shall not be construed to constrict, limit, or
prohibit state licensed, certified, or county contracted alcohol and
drug treatment facilities or programs, or DUI programs from
employing or contracting with licensed advanced alcohol and drug
counselors (LAADCs) or advanced alcohol and drug counselor
interns (AADCIs) when stipulating that licensed professionals be
employed or contracted with.

end insert begin insert

(d) This chapter shall not be construed to mandate the use of
advanced alcohol and drug counselor interns (AADCI) or licensed
advanced alcohol and drug counselors (LAADC) in state licensed
or certified, or county operated or contracted alcohol and drug
treatment programs or facilities, or DUI programs.

end insert

4454.4.  

A person who has received a registration or license
under this chapter 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 advanced
alcohol and drug counselor intern, begin delete AADCI, end delete or licensed advanced
alcohol and drug counselor, without holding a license or
registration in good standing under this chapter, is guilty of a
misdemeanor.

4454.5.  

(a)  begin delete It end delete begin insert Notwithstanding Section 4454.3, it end insert is unlawful
for a person to begin insert operate an individual private practice for alcohol
and drug treatment or end insert engage in the practice of alcohol and drug
counseling outside of begin delete a licensed or certified end delete begin insert an end insert alcohol and drug
treatment facility, begin insert or DUI program, end insert unless at the time of so doing,
the person holds a valid, unexpired, and unrevoked license or
registration under this chapter.

(b) This section shall become operative on January 1, begin delete 2017. end delete
begin insert 2018. end insert

 

Article 6.  Licenses and Renewals

 

4455.  

(a) Licenses or registrations issued under this chapter
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 disciplinary action has been
taken by a 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.

4455.1.  

(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.

4455.2.  

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.

4455.3.  

A suspended license is subject to expiration and may
be renewed as provided in this chapter, 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.

4455.4.  

(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 4455, but shall otherwise be subject to
this chapter 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.

4455.5.  

A person licensed or registered under this chapter shall
comply with all 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.

(c) Notify the board in writing within 30 days if he or she has
been convicted of a misdemeanor or felony substantially related
to the practice of alcohol begin insert and end insert drug counseling.

 

Article 7.  Denial, Suspension, and Revocation

 

4456.  

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

(a) Securing an intern registration, license, or renewal by fraud,
deceit, or misrepresentation on an application or material in support
of an 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 a person, program, or
entity.

(c) Refusal or failure to provide proper identification as a
licensee or registered intern where appropriate or required,
including, but not limited to, 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.

(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 a controlled
substance as defined in Section 4021, using any of the dangerous
drugs or devices specified in Section 4022, or using an 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 of
the 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 a
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.

4456.1.  

The board shall revoke a license or the registration of
an intern issued under this chapter 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 a finding of fact that the
licensee or registered intern engaged in an act of sexual contact,
as defined in Section 729, 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.

4456.2.  

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

4456.3.  

(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.

4456.4.  

(a) A person who has applied for or received a license
or intern registration from the board under this chapter 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).

4456.5.  

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

4456.6.  

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.

4456.7.  

(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.

4456.8.  

(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 4450.1, 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 chapter and complies with all
applicable requirements.

(C) 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 shall not deny or revoke a registration or license
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 subparagraph (E).

(E) The board may establish by regulation additional criteria to
implement this subdivision, which may include, but is not limited
to, standards, exemptions, and terms of rehabilitation, and may
include rebuttable presumptions with regard to any of those.

4456.9.  

(a) Except as otherwise provided in this chapter, an
accusation filed pursuant to Section 11503 of the Government
Code against a person licensed or registered under this chapter
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.

4456.10.  

(a) This chapter does not apply to an alcohol and
drug counselor from outside this state when he or she is in actual
consultation with a licensed practitioner of this state or when he
or she is 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) An alcohol and drug counselor described in subdivision (a)
shall not open an office or appoint a place to meet clients or receive
calls from clients within the limits of this state.

 

Article 8.  Fiscal Provisions

 

4457.  

(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 chapter 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.

4457.1.  

(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 4453.2 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 chapter shall not exceed the reasonable cost to the board
for administering this chapter. The fees described in subdivision
(a) shall not exceed the reasonable costs to the board for
administering this chapter.

(c) The startup funds to implement this chapter 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 chapter
until those funds are appropriated.

begin insert

(d) The board shall not use the resources of the Board of
Behavioral Sciences in implementing or administering this chapter.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end 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.