Bill Text: CA AB2651 | 2023-2024 | Regular Session | Introduced

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Bill Title: Alcohol drug counselors.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-16 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 17. Noes 0.) (April 16). Re-referred to Com. on APPR. [AB2651 Detail]

Download: California-2023-AB2651-Introduced.html

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CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2651

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Introduced by Assembly Member Bains

February 14, 2024

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An act to add Chapter 9.7 (commencing with Section 4450) to Division 2 of the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL'S DIGEST

AB 2651, as introduced, Bains. Alcohol drug counselors.

Existing law requires the State Department of Health Care Services to license and regulate adult alcoholism or drug abuse recovery or treatment facilities. Existing law also requires, with certain exceptions, an individual providing counseling services within a program to be registered with or certified by a certifying organization approved by the department.

This bill would create, upon appropriation by the Legislature, the Licensed Alcohol Drug Counselor Board within the Department of Consumer Affairs. The bill would require the board to establish regulations and standards for the licensure of alcohol drug counselors, as specified. The bill would authorize the board to collaborate with the Department of Health Care Access and Information regarding behavioral health professions, review sunrise review applications for emerging behavioral health license and certification programs, and refer complaints regarding behavioral health workers to appropriate agencies, as specified. The bill would require an applicant to satisfy certain requirements, including, among other things, passing a certification examination, as specified. The bill would, commencing no later than 5 years after the board commences approving licenses, impose additional requirements on an applicant, including possessing a doctoral or master’s degree in alcohol drug counseling that meets specified requirements, completion of a supervised practicum from an approved educational institution, and documentation that either the applicant is certified by a certifying organization or the applicant has completed 2,000 hours of postgraduate supervised work experience. The bill would impose requirements related to continuing education and discipline of licensees. The bill would prohibit a person from using the title of “Licensed Alcohol Drug Counselor” unless the person has applied for and obtained a license from the board, and would make a violation of that provision punishable by an administrative penalty not to exceed $10,000.

The bill would specify that it does not require a person employed or volunteering at an outpatient treatment program or residential treatment facility certified or licensed by the State Department of Health Care Services to be licensed by the board. The bill would require the board to establish fees for licensure, as specified.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

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

SECTION 1.

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

CHAPTER  9.7. Licensed Alcohol Drug Counselor Board

Article  1. General Provisions

4450.

 (a) “Board” means the Licensed Alcohol Drug Counselor Board.

(b) “Certifying organization” means a certifying organization approved by the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 11830) of Part 2 of Division 10.5 of the Health and Safety Code.

(c) “Intern” means an unlicensed person who meets the educational requirements for licensure and is registered with the board.

(d) “Licensed Alcohol Drug Counselor” means a person licensed by the board pursuant to this chapter to use the title “Licensed Alcohol Drug Counselor,” conduct an independent practice of alcohol drug counseling, and provide supervision to other alcohol drug counselors.

(e) “Trainee” means an unlicensed person who is currently enrolled in a course of education that is designed to qualify the individual for licensure under this chapter and who has completed no fewer than 12 semester units or 18 quarter units of coursework in a qualifying educational program.

4451.

 (a) There is in the Department of Consumer Affairs the Licensed Alcohol Drug Counselor Board that consists of the following members:

(1) Five members appointed by the Governor as follows:

(A) Except as provided in subparagraph (B), a member appointed pursuant to this paragraph shall be an alcohol drug counselor licensed pursuant to this chapter and shall have at least five years of experience in their profession.

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

(C) Three of the members appointed by the Governor shall represent each certifying organization. In the event more than three certifying organizations exist, certifying organizations shall rotate on and off of the board according to the date of approval by the State Department of Health Care Services, with the most recent appointed last so as not to exceed three members of the board. In the event than three certifying organizations exist, one member per organization shall be appointed and the Governor shall appoint any remaining members pursuant to subparagraphs (A) and (B).

(2) Five public members who are not licensed pursuant to this chapter or certified by a certifying organization, appointed as follows:

(A) Three members appointed by the Governor.

(B) One member appointed by the Senate Committee on Rules.

(C) One member appointed by the Speaker of the Assembly.

(3) One member, appointed by the Governor, who is a licensed physician and surgeon and who specializes in addiction medicine.

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

(c) Each member of the board shall be appointed for a term of four years. A member shall hold office until the appointment and qualification of their successor or until one year from the expiration date of the term for which they were appointed, whichever occurs first.

(d) 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.

(e) On or before June 1 of each calendar year, the board shall elect a chairperson and a vice chairperson from its membership.

4452.

 (a) The board shall 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 vested in them by this chapter.

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

(e) The chairperson and executive officer 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.

4453.

 Subject to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code) and except as provided by Sections 155, 156, and 159.5, the board may employ any clerical, technical, and other personnel as it deems necessary to carry out the provisions of this chapter, within budget limitations.

4454.

 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.

4455.

 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.

4456.

 (a) In order to carry out the provisions of this chapter, the board shall do, but shall not be limited to, all of the following:

(1) Adopt rules and regulations to implement this chapter on or before December 31, 2027.

(2) Issue licenses and register interns and trainees.

(3) Establish procedures for the receipt, investigation, and resolution of complaints against licensees, interns, and trainees.

(4) Take disciplinary action against a licensee, intern, or trainee where appropriate, including, but not limited to, censure or reprimand, probation, suspension, or revocation of the license or registration, or imposition of fines or fees.

(5) Establish continuing education requirements for licensees.

(6) Establish criteria to determine whether the curriculum of an educational institution satisfies the licensure requirements imposed by this chapter.

(7) Establish parameters of unprofessional conduct for licensees that are consistent with generally accepted ethics codes for the profession.

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

(9) Establish supervisory requirements for interns.

(10) Establish a process for approving supervised work experience hours earned by applicants that were obtained while certified by an approved certification organization, prior to completion of a master’s degree.

(11) Align licensure requirements to the Substance Abuse and Mental Health Services Administration’s career ladder for substance use disorder counselors.

(12) Establish procedures for approving reciprocity for licenses obtained in other states or nations.

(b) The board may perform the following activities:

(1) Collaborate with the Department of Health Care Access and Information concerning workforce development strategies that impact behavioral health professions.

(2) Assist the relevant committee in reviewing and making determinations regarding sunrise review applications, pursuant to Article 8 (commencing with Section 9148) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, for emerging behavioral health license or certification programs.

(3) Refer complaints about licensed and certified behavioral health workers to appropriate agencies and private organizations and catalog complaints about unlicensed behavioral health workers.

(c) The board shall consult the public, especially people in recovery, providers of substance use disorder services, and organizations that certify substance use disorder counselors before adopting regulations and standards pursuant to subdivision (a).

4457.

 (a) A licensee may engage in the practice of alcohol drug counseling. For purposes of this chapter, the “practice of alcohol drug counseling” means performing any of the following for the purpose of treating substance use disorder:

(1) Clinical evaluation, including screening, assessment, and diagnosis of substance use disorders.

(2) Treatment planning for substance use disorders, including initial, ongoing, continuity of care, discharge, and planning for relapse prevention.

(3) Referral, service coordination, and case management in the areas of substance use disorder and cooccurring disorders.

(4) Counseling, therapy, trauma-informed care, and psychoeducation with individuals, families, and groups in the area of substance use disorder.

(5) Client and family education on substance use disorders.

(6) Documentation, including admission summaries, progress notes, problem lists, changes in level of care, discharge summaries, and other relevant data.

(7) Clinical supervisory responsibilities for interns, trainees, and nonlicensed practitioners, including registered and certified alcohol drug counselors.

(b) Unless otherwise licensed, a licensee may perform the acts listed in this section only for the purpose of treating a substance use disorder.

(c) This section shall not be construed to constrict or limit a person duly licensed by the Medical Practice Act (Chapter 5 (commencing with Section 2000)), the Nursing Practice Act (Chapter 6 (commencing with Section 2700)), the Psychology Licensing Law (Chapter 6.6 (commencing with Section 2900)), the Licensed Marriage and Family Therapist Act (Chapter 13 (commencing with Section 4980)), or the Clinical Social Worker Practice Act (Chapter 14 (commencing with Section 4991)) from performing any of the actions listed in this section, provided the individual does not use the title “Licensed Alcohol Drug Counselor.”

Article  2. Licensure

4458.

 (a) For a period not to exceed five years from the time the board commences issuing licenses, the board may issue an alcohol drug counselor license if the applicant satisfies the following requirements:

(1) Completion of an application for a license.

(2) Payment of the fees prescribed by the board.

(3) Either of the following:

(A) Possession of a master’s degree in alcohol drug counseling or related counseling master’s degree.

(B) Met the requirements of the International Certification & Reciprocity Consortium to sit for the Advanced Alcohol & Other Drug Counselor written examination at the time of the examination.

(4) Passing the International Certification & Reciprocity Consortium Advanced Alcohol Drug Counselor written examination or another equivalent examination, as determined by the board.

(b) No later than five years from the time the board commences approving licenses, the board may issue an alcohol drug counselor license if the applicant satisfies the following requirements:

(1) Completion of an application for a license.

(2) Payment of the fees prescribed by the board.

(3) Possesses a doctoral or master’s degree in alcohol drug counseling meeting the requirements of Section 4458 and obtained from a school, college, or university approved by the Bureau for Private Postsecondary Education or accredited by the National Addiction Studies Accreditation Commission, the California Consortium of Addiction Programs and Professionals, or a regional or national institutional accrediting agency that is recognized by the United States Department of Education. The board shall make the final determination as to whether a degree meets all requirements, including, but not limited to, course requirements, regardless of accreditation or approval.

(4) Completion of a supervised practicum from an educational institution approved by the board.

(5) Passing a written examination approved by the board.

(6) Documentation of either of the following:

(A) The applicant, at the time of application, is certified by a certifying organization.

(B) The applicant has completed 2,000 hours of postgraduate supervised work experience.

4459.

 A doctoral or master’s degree in alcohol drug counseling shall at minimum contain the following:

(a) The degree shall contain not fewer than 60 semester or 90 quarter units of instruction that include, but are not limited to, 27 semester or 40.5 quarter units in the following academic content hours:

(1) Pharmacology and physiology of addiction, including any of the following subjects:

(A) Examination of the effects of alcohol and similar legal psychoactive drugs on the body and behavior.

(B) Damage to the body and behaviors.

(C) Damage to the brain, liver, and other organs.

(D) Tolerance, cross-tolerance, and synergistic effects.

(E) Physiological differences between males and females.

(F) Disease model, including neurobiological signs and symptoms.

(2) Clinical evaluation and psychopathology, including any of the following subjects:

(A) Initial interviewing process.

(B) Biopsychosocial assessment.

(C) Differential diagnosis.

(D) Diagnostic summaries.

(E) Cooccurring disorders, referral processes, and the evaluation of clients using placement criteria, including the American Society of Addiction Medicine 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.

(3) Counseling psychotherapy for addiction, including any of the following subjects:

(A) Introduction to counseling.

(B) Introduction to techniques and approaches.

(C) Crisis intervention.

(D) Individual counseling focused on addiction.

(E) Group counseling.

(F) Family counseling as it pertains to addiction treatment.

(4) Case management, including any of the following subjects:

(A) Community resources.

(B) Consultation.

(C) Documentation.

(D) Resources for people who are HIV positive.

(5) Client education, including any of the following subjects:

(A) Addiction recovery.

(B) Psychological client education.

(C) Biochemical and medical client education.

(D) Sociocultural client education.

(E) Addiction recovery and psychological family education.

(F) Biomedical and sociocultural family education.

(G) Community and professional education.

(6) Professional responsibility, including any of the following subjects:

(A) Ethical standards, legal aspects, cultural competency, professional growth, personal growth, dimensions of recovery, clinical supervision, and consultation.

(B) Community involvement.

(C) Operating a private practice.

(b) The degree shall contain not fewer than 6 semester units or 9 quarter units of supervised fieldwork.

4460.

 A licensee shall attest to the board every two years, on a form prescribed by the board, that they have completed continuing education coursework that is offered by a board-approved provider and that is in or relevant to the field of alcohol drug counseling. The board may require licensees to take specific coursework, including, but not limited to, coursework concerning supervisory training, as a condition of license renewal.

(a) The board may audit the records of a licensee to verify the completion of the continuing education requirement.

(b) A licensee shall maintain records of completion of required continuing education coursework for a minimum of five years and shall make these records available to the board for auditing purposes upon request.

(c) An attestation made pursuant to this section shall not be subject to penalty of perjury.

4461.

 The board shall renew an unexpired license of a licensee who meets the following qualifications:

(a) The licensee has applied for renewal on a form prescribed by the board and paid the required renewal fee.

(b) The licensee attests compliance with continuing education requirements pursuant to Section 4458. An attestation made pursuant to this subdivision shall not be subject to penalty of perjury.

(c) The licensee has notified the board whether they have been subject to, or whether another board has taken, disciplinary action since the last renewal.

4462.

 The board may renew an expired license of a former licensee who meets the following qualifications:

(a) The former licensee has applied for renewal on a form prescribed by the board within three years of the expiration date of the license.

(b) The former licensee has paid the renewal fees that would have been paid if the license had not been delinquent.

(c) The former licensee has paid all delinquency fees.

(d) The former licensee attests compliance with continuing education requirements, including for the time the license was expired. An attestation made pursuant to this subdivision shall not be subject to penalty of perjury.

(e) The former licensee notifies the board whether they have been subject to, or whether another board has taken, disciplinary action against the former licensee since the last renewal.

4463.

 (a) A license that is not renewed within three years after its expiration shall not be renewed, restored, reinstated, or reissued thereafter, but the former licensee may apply for and obtain a new license if all of the following are satisfied:

(1) No fact, circumstance, or condition exists that, if the license were issued, would justify its revocation or suspension.

(2) The former licensee pays the fees that would be required if they were applying for a license for the first time.

(3) The former licensee meets the corresponding requirements for licensure as a Licensed Alcohol Drug Counselor at the time of application.

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

(c) A revoked license is subject to expiration, but it shall not be renewed. If it is reinstated after its expiration, the licensee shall, as a condition precedent to its reinstatement, pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated, plus the delinquency fee, if any, accrued at the time of its revocation.

4464.

 (a) A licensed alcohol drug counselor may apply to the board to request that their license be placed on inactive status. A licensee 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, but shall otherwise be subject to this chapter and shall not engage in the practice of alcohol drug counseling in this state.

(b) A licensee on inactive status who has not committed any acts or crimes constituting grounds for denial of licensure may, upon their request, have their license placed on active status. A licensee requesting their license to be placed on active status at any time between a renewal cycle shall pay one-half of the renewal fee.

Article  3. Enforcement

4465.

 (a) Before issuing a license pursuant to Section 4457, the board shall review the state, national, and federal criminal history of the applicant.

(b) (1) (A) The board shall deny, suspend, delay, or set aside a person’s license application if, at the time of the board’s determination, the person has a criminal conviction or criminal charge pending, relating to an offense for which the circumstances substantially relate to actions as a licensed alcohol drug counselor.

(B) An applicant who has a criminal conviction or pending criminal charge shall request the appropriate authorities to provide information about the conviction or charge directly to the board in sufficient specificity to enable the board to make a determination as to whether the conviction or charge is substantially related to actions as a licensed alcohol drug counselor.

(2) After a hearing or review of documentation demonstrating that the applicant meets all of the following criteria for a waiver, the board may waive the requirements of this subdivision:

(A) Either of the following:

(i) For waiver of a felony conviction, more than five years has elapsed since the date of the conviction, and at the time of the application, the applicant is not incarcerated, on work release, on probation, on parole, on postrelease community supervision, or serving any part of a suspended sentence and the applicant is in substantial compliance with all court orders pertaining to fines, restitution, or community service.

(ii) For waiver of a misdemeanor conviction or violation, at the time of the application, the applicant is not incarcerated, on work release, on probation, on parole, on postrelease community supervision, or serving any part of a suspended sentence and the applicant is in substantial compliance with all court orders pertaining to fines, restitution, or community service.

(B) The applicant is capable of practicing licensed alcohol drug treatment counselor services in a competent and professional manner.

(C) Granting the waiver will not endanger the public health, safety, or welfare.

(3) A past criminal conviction shall not serve as an automatic exclusion for licensure. The board shall evaluate the circumstances leading to conviction and determine if the person meets the conditions in subparagraphs (B) and (C) of paragraph (2) in determining approval or denial of the application.

4466.

 (a) A person shall not use the title of “Licensed Alcohol Drug Counselor” unless the person has applied for and obtained a license from the board pursuant to Section 4457.

(b) A violation of subdivision (a) shall be punishable by an administrative penalty not to exceed ten thousand dollars ($10,000).

4467.

 (a) This chapter does not 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 Law (Chapter 6.6 (commencing with Section 2900)), the Licensed Marriage and Family Therapist Act (Chapter 13 (commencing with Section 4980)), or the Clinical Social Worker Practice Act (Chapter 14 (commencing with Section 4991)).

(b) This chapter does not require a person employed or volunteering at a certified outpatient treatment program or licensed residential treatment facility to obtain a license.

(c) A licensee shall display their license in a conspicuous place in the licensee’s primary place of practice.

(d) A licensed alcohol drug counselor who conducts a private practice under a fictitious business name shall not use any 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.

(e) A licensee or registrant shall give written notice to the board of a name change within 30 days after each change, giving both the old and new names. A copy of the legal document authorizing the name change, such as a court order or marriage certificate, shall be submitted with the notice.

4468.

 The board may refuse to issue a registration or license, or may suspend or revoke the license or registration of any registrant or licensee, if the applicant, licensee, or registrant has been guilty of unprofessional conduct. Unprofessional conduct shall include, but not be limited to, all of the following:

(a) The conviction of a crime substantially related to the qualifications, functions, or duties of a licensee or registrant under this chapter. The record of conviction shall be conclusive evidence only of the fact that the conviction occurred. The board may inquire into the circumstances surrounding the commission of the crime in order to fix the degree of discipline or to determine if the conviction is substantially related to the qualifications, functions, or duties of a licensee or registrant under this chapter. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, or duties of a licensee or registrant under this chapter shall be deemed to be a conviction within the meaning of this section. The board may order any license or registration suspended or revoked, or may decline to issue a license or registration when the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing the person to withdraw a plea of guilty and enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.

(b) Securing a license or registration by fraud, deceit, or misrepresentation on any application for licensure or registration submitted to the board, whether engaged in by an applicant for a license or registration, or by a licensee in support of any application for licensure or registration.

(c) Administering to themselves any controlled substance or using any of the dangerous drugs specified in Section 4022, or any alcoholic beverage to the extent, or in a manner, as to be dangerous or injurious to the person applying for a registration or license or holding a registration or license under this chapter, or to any other person, or to the public, or to the extent that the use impairs the ability of the person applying for or holding a registration or license to conduct with safety to the public the practice authorized by the registration or license, or the conviction of more than one misdemeanor or any felony involving the use, consumption, or self-administration of a substance referred to in this subdivision after becoming licensed. The board shall deny an application for a registration or license or revoke the license or registration of a person who uses or offers to use drugs in the course of performing alcoholism and drug abuse counseling services.

(d) Gross negligence or incompetence in the performance of alcoholism and drug abuse counseling services.

(e) Violating, attempting to violate, or conspiring to violate this chapter or a regulation adopted by the board.

(f) Misrepresentation as to the type or status of a license or registration held by the person, or otherwise misrepresenting or permitting misrepresentation of their education, professional qualifications, or professional affiliations to a person or entity.

(g) Impersonation of another by a licensee, registrant, or applicant for a license or registration, or, in the case of a licensee, allowing any other person to use their license or registration.

(h) Aiding or abetting, or employing, directly or indirectly, an unlicensed or unregistered person to engage in conduct for which a license or registration is required under this chapter.

(i) Intentionally or recklessly causing physical or emotional harm to a client.

(j) The commission of any dishonest, corrupt, or fraudulent act substantially related to the qualifications, functions, or duties of a licensee or registrant.

(k) Engaging in sexual relations with a client or a former client within two years following termination of services, soliciting sexual relations with a client, committing an act of sexual abuse or sexual misconduct with a client, or committing an act punishable as a sexually related crime, if that act or solicitation is substantially related to the qualifications, functions, or duties of an alcoholism and drug abuse counselor.

(l) Failure to maintain confidentiality, except as otherwise required or permitted by law, of any information that has been received from a client in confidence during the course of treatment or any information about the client that is obtained from tests or other means.

(m) Before the commencement of treatment, failing to disclose to the client or prospective client the fee to be charged for the professional services, or the basis upon which that fee will be computed.

(n) Paying, accepting, or soliciting consideration, compensation, or remuneration, whether monetary or otherwise, for the referral of professional clients. All consideration, compensation, or remuneration shall be in relation to professional counseling services actually provided by the licensee. This subdivision does not prevent collaboration among two or more licensees in a case or cases. However, a fee shall not be charged for that collaboration, except when disclosure of the fee has been made in compliance with subdivision (m).

(o) Advertising in a manner that is false, misleading, or deceptive.

(p) Conduct in the supervision of a registered intern by a licensee that violates this chapter or rules or regulations adopted by the board.

(q) Performing or holding oneself out as being able to perform professional services beyond the scope of one’s competence, as established by one’s education, training, or experience. This subdivision shall not be construed to expand the scope of the license authorized by this chapter.

(r) Permitting a registered intern, trainee, or applicant for licensure under one’s supervision or control to perform, or permitting the registered intern, trainee, or applicant for licensure to hold themselves out as competent to perform, professional services beyond the registered intern’s, trainee’s, or applicant for licensure’s level of education, training, or experience.

(s) The violation of a statute or regulation governing the training, supervision, or experience required by this chapter.

(t) Failure to maintain records consistent with sound clinical judgment, the standards of the profession, and the nature of the services being rendered.

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

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

(w) Willful violation of Chapter 1 (commencing with Section 123100) of Part 1 of Division 106 of the Health and Safety Code.

4469.

 The board may deny an application, or may suspend or revoke a license or registration issued under this chapter, for any of the following:

(a) Denial of licensure, revocation, suspension, restriction, or any other disciplinary action imposed by another state or territory or possession of the United States, or by any other governmental agency, on a license, certificate, or registration to practice alcoholism and drug abuse counseling or any other healing art shall constitute unprofessional conduct. A certified copy of the disciplinary action decision or judgment shall be conclusive evidence of that action.

(b) Revocation, suspension, or restriction by the board of a license, certificate, or registration to practice as a marriage and family therapist, clinical social worker, or educational psychologist shall also constitute grounds for disciplinary action for unprofessional conduct against the licensee or registrant under this chapter.

(c) Written documentation from the State Department of Health Care Services demonstrating that the department has ruled that a certification should be revoked by a private certifying organization.

4470.

 The board shall revoke a license issued under this chapter upon a decision made in accordance with the procedures set forth in 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 registrant engaged in any act of sexual contact, as defined in Section 729, when that act is with a patient, or with a former patient 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.

4471.

 The proceedings conducted under this article shall be held in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

Article  4. Revenue

4472.

 The board may establish fees for licensure under this chapter. The total amount of fees collected pursuant to this chapter shall not exceed the reasonable regulatory cost to the board for administering this chapter. The license fee for an original license and license renewal shall not exceed two hundred dollars ($200) for the first 10 years of operation or until the board is self-funded, whichever is later.

Article  5. Operation

4473.

 This chapter shall become operative upon the appropriation by the Legislature of funds allocated to the state from any of the following:

(a) Current or future substance use disorder workforce expansion funds received by the Department of Health Care Access and Information.

(b) Current or future substance use disorder workforce expansion funds received by the State Department of Health Care Services.

(c) Current or future allocations from the Opioid Settlement Fund.

(d) State opioid response grant funding.

(e) Other funding provided to the state to address addiction and overdose.

(f) Adult use of marijuana funding.