Bill Text: CA SB1134 | 2021-2022 | Regular Session | Amended

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Bill Title: Substance use disorder counselors: Allied Behavioral Health Board.

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Engrossed - Dead) 2022-05-26 - Re-referred to Coms. on HEALTH and B. & P. pursuant to Assembly Rule 96. [SB1134 Detail]

Download: California-2021-SB1134-Amended.html

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Amended  IN  Assembly  May 24, 2022

Amended  IN  Senate  March 28, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 1134

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Introduced by Senator Melendez
(Coauthors: Senators Ochoa Bogh and Wiener)
(Coauthors: Assembly Members Chen, Flora, Lackey, Seyarto, and Voepel)

February 16, 2022

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An act to amend Section 8257 of the Welfare and Institutions Code, relating to homelessness. add Chapter 9.7 (commencing with Section 4450) to Division 2 of the Business and Professions Code, and to amend Section 11833 of the Health and Safety Code, relating to substance use disorders.

LEGISLATIVE COUNSEL'S DIGEST

SB 1134, as amended, Melendez. California Interagency Council on Homelessness. Substance use disorder counselors: Allied Behavioral Health Board.

Existing law provides for the licensure and regulation of adult alcoholism or drug abuse recovery or treatment facilities by the State Department of Health Care Services and authorizes the department to enforce those provisions. Existing law also requires the department to require that an individual providing counseling services within a program be certified by a certifying organization approved by the department. Existing law authorizes the department to charge a fee to all programs for licensure or certification by the department, and establishes the Residential and Outpatient Program Licensing Fund to hold these fees.

This bill would create the Allied Behavioral Health Board within the Department of Consumer Affairs, and would transfer the responsibility to oversee those certifying organizations from the State Department of Health Care Services to the board. The bill would require the board to establish regulations and standards for the licensure of substance use disorder counselors, as specified.

This bill would require an applicant for a substance use disorder counselor license to have documented to a certifying organization that they have obtained a master’s degree in alcohol and drug counseling or a related counseling master’s degree, as specified, and to pass specified examinations. The bill would require the board to review the criminal history of the applicant, as specified. 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 $1,000.

The bill would require the board to establish fees for licensure, as specified, and would revert all unencumbered funds appropriated from fees in the Residential and Outpatient Program Licensing Fund to the State Department of Health Care Services for the purpose of certification oversight of substance use disorder counselors to that fund. The bill would make its provisions operative upon the appropriation by the Legislature of sufficient funds allocated to the state from a specified settlement agreement, consistent with the requirements of the settlement agreement.

Existing law requires the Governor to establish the California Interagency Council on Homelessness, and requires the council to, among other things, identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California, and promote systems integration to increase efficiency and effectiveness while focusing on designing systems to address the needs of people experiencing homelessness. Existing law sets forth the composition of the council, which includes, among others, the Secretary of Business, Consumer Services, and Housing and the Secretary of California Health and Human Services, who serve as cochairs of the council.

This bill would add the Director of Developmental Services to the council described above.

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. Allied Behavioral Health Board

4450.

 (a) There is in the Department of Consumer Affairs the Allied Behavioral Health Board that consists of the following members:

(1) Five members appointed by the Governor. The members shall be alcohol drug counselors, licensed pursuant to this chapter and having at least two years of experience in their profession. From the commencement of appointments and until licenses for alcohol drug counselors are issued, the Governor shall appoint alcohol and drug addiction counselors certified by a certifying organization recognized by the Department of Health Care Services pursuant to Section 13035 of Title 9 of the California Code of Regulations, as it read on January 1, 2022.

(2) Five public members who are not licensed pursuant to this chapter or certified by a certifying organization recognized by the Department of Health Care Services pursuant to Section 13035 of Title 9 of the California Code of Regulations, as it read on January 1, 2023, 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.

4451.

 (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.

4452.

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

4453.

 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.

4454.

 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.

4455.

 (a) The board shall establish any regulations and standards for the licensure of substance use disorder counselors as the director deems necessary to promote and protect the public health and safety.

(b) 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).

4456.

 (a) The board shall require that an applicant for a substance use disorder counselor license meet minimum qualifications that include, but are not limited to, both of the following:

(1) The person has documented to a certifying organization approved by the board that they have obtained a master’s degree in alcohol and drug counseling or related counseling master’s degree that meets the certifying organization’s requirements to sit for an exam described in paragraph (2).

(2) The person has demonstrated competence by passing the International Certification and Reciprocity Consortium Advanced Alcohol and Other Drug Abuse Counselor written examination, the National Certification Commission for Addiction Professionals Master of Addiction Counseling written examination, or another equivalent examination, as determined by the board.

(b) The license shall be valid for two years unless at any time during that period it is revoked or suspended. The license may be renewed prior to the expiration of the two-year period.

(c) To qualify to renew the license, a licensee shall have maintained their certification with a certifying organization approved by the board and documented to the certifying organization completion of 50 hours of continuing education units during the two-year license renewal period.

4457.

 (a) The board shall oversee substance use disorder certifying organizations and all functions performed by the State Department of Health Care Services prior to January 1, 2023, regarding oversight of counselors and certifying organizations, shall be transferred to the board. The board’s oversight responsibilities shall include both of the following:

(1) Overseeing the disciplinary actions of certifying organizations.

(2) Ensuring that appropriate disciplinary action is taken by a certifying organization when a counselor has been found guilty of unprofessional conduct. For purposes of this section, unprofessional conduct shall include, but is not limited to, all conduct specified in Section 4982.

(b) The board shall not approve a certifying organization that does not, before registering or certifying an individual, contact other board-approved certifying organizations to determine whether the individual has ever had their registration or certification revoked.

(c) If a counselor’s registration or certification has been previously revoked, the certifying organization shall deny the request for registration and shall send the counselor a written notice of denial. The notice shall specify the counselor’s right to appeal the denial pursuant to applicable statutes and regulations.

(d) The board may conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (c), and may take actions for noncompliance, including revocation of the department’s approval.

(e) (1) Between January 1, 2023, and December 31, 2023, the certifying organizations that were approved by the State Department of Health Care Services to certify alcohol drug counselors on or before January 1, 2023, pursuant to Section 13035 of Title 9 of the California Code of Regulations as they read on that date, shall be considered approved by the board.

(2) On or before January 1, 2024, the board shall review the certifying organizations specified in paragraph (1) and shall reapprove those certifying organizations that are in good standing.

(f) If a certifying organization approved pursuant to subdivision (e) ceases credentialing operations or the board revokes its approval, the board may approve an additional certifying organization to replace the certifying organization that ceased credentialing operations or whose approval the board revoked if the new organization meets the approval requirements adopted by the board pursuant to this chapter.

4458.

 (a) Before issuing a license pursuant to Section 4456, 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 and 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 and 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 and drug treatment counselor services in a competent and professional manner.

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

(3) No past criminal conviction shall 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.

4459.

 (a) No person shall use the title of “Licensed Alcohol Drug Counselor” unless the person has applied for and obtained a license from the board pursuant to Section 4456.

(b) A violation of subdivision (a) shall be punishable by an administrative penalty not to exceed one thousand dollars ($1,000).

4460.

 (a) 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).

(b) All unencumbered funds appropriated from licensing or certification fees in the Residential and Outpatient Program Licensing Fund to the State Department of Health Care Services for the purpose of certification oversight of substance use disorder counselors are hereby reverted to the fund.

4461.

 This chapter shall become operative upon the appropriation by the Legislature of funds allocated to the state from a 2022 settlement agreement approved by the United States Bankruptcy Court for the Southern District of New York, between the certain governments, including the State of California, and Purdue Pharma L.P., Purdue Pharma Inc., The Purdue Frederick Company Inc., Dr. Richard S. Sackler, and other defendants, consistent with the requirements of the settlement agreement, and sufficient to implement this chapter.

SEC. 2.

 Section 11833 of the Health and Safety Code is amended to read:

11833.

 (a) The Except for counselors licensed pursuant to Chapter 9.7 (commencing with Section 4450) of Division 2 of the Business and Professions Code and other licensed professionals, as defined by the department, the department shall have the sole authority in state government to determine the qualifications, including the appropriate skills, education, training, and experience of personnel working within alcoholism or drug abuse recovery and treatment programs licensed, certified, or funded under this part.

(b) (1)Except for licensed professionals, as defined by the department, the department shall require that an individual providing counseling services working within a program described in subdivision (a) be registered with or certified by a certifying organization approved by the department Allied Behavioral Health Board to register and certify counselors. counselors pursuant to Chapter 9.7 (commencing with Section 4450) of Division 2 of the Business and Professions Code.

(2)The department shall not approve a certifying organization that does not, prior to registering or certifying an individual, contact other department-approved certifying organizations to determine whether the individual has ever had his or her registration or certification revoked.

(c)If a counselor’s registration or certification has been previously revoked, the certifying organization shall deny the request for registration and shall send the counselor a written notice of denial. The notice shall specify the counselor’s right to appeal the denial in accordance with applicable statutes and regulations.

(d)The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (c), and to take actions for noncompliance, including revocation of the department’s approval.

(e)

(c) (1) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, without taking any further regulatory action, shall implement, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time that regulations are adopted.

(2) The department shall adopt regulations by December 31, 2017, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

SECTION 1.Section 8257 of the Welfare and Institutions Code is amended to read:

8257.

(a)The Governor shall create an Interagency Council on Homelessness.

(b)The council shall have all of the following goals:

(1)To oversee implementation of this chapter.

(2)To identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California.

(3)To create partnerships among state agencies and departments, local government agencies, participants in the United States Department of Housing and Urban Development’s Continuum of Care Program, federal agencies, the United States Interagency Council on Homelessness, nonprofit entities working to end homelessness, homeless services providers, and the private sector, for the purpose of arriving at specific strategies to end homelessness.

(4)To promote systems integration to increase efficiency and effectiveness while focusing on designing systems to address the needs of people experiencing homelessness, including unaccompanied youth under 25 years of age.

(5)To coordinate existing funding and applications for competitive funding. Any action taken pursuant to this paragraph shall not restructure or change any existing allocations or allocation formulas.

(6)To make policy and procedural recommendations to legislators and other governmental entities.

(7)To identify and seek funding opportunities for state entities that have programs to end homelessness, including, but not limited to, federal and philanthropic funding opportunities, and to facilitate and coordinate those state entities’ efforts to obtain that funding.

(8)To broker agreements between state agencies and departments and between state agencies and departments and local jurisdictions to align and coordinate resources, reduce administrative burdens of accessing existing resources, and foster common applications for services, operating, and capital funding.

(9)To serve as a statewide facilitator, coordinator, and policy development resource on ending homelessness in California.

(10)To report to the Governor, federal Cabinet members, and the Legislature on homelessness and work to reduce homelessness.

(11)To ensure accountability and results in meeting the strategies and goals of the council.

(12)To identify and implement strategies to fight homelessness in small communities and rural areas.

(13)To create a statewide data system or warehouse, which shall be known as the Homeless Data Integration System, that collects local data through Homeless Management Information Systems, with the ultimate goal of matching data on homelessness to programs impacting homeless recipients of state programs, such as the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9) and CalWORKs (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9). Upon creation of the Homeless Data Integration System, all continuums of care, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, that are operating in California shall provide collected data elements, including, but not limited to, health information, in a manner consistent with federal law, to the Homeless Data Integration System.

(A)Council staff shall specify the form and substance of the required data elements.

(B)Council staff may, as required by operational necessity, and in accordance with paragraph (8) of subdivision (d) of Section 8256, amend or modify data elements, disclosure formats, or disclosure frequency.

(C)To further the efforts to improve the public health, safety, and welfare of people experiencing homelessness in the state, council staff may collect data from the continuums of care as provided in this paragraph.

(D)Any health information or personal identifying information provided to, or maintained within, the Homeless Data Integration System shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).

(E)For purposes of this paragraph, “health information” includes “protected health information,” as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and “medical information,” as defined in subdivision (j) of Section 56.05 of the Civil Code.

(14)To set goals to prevent and end homelessness among California’s youth.

(15)To improve the safety, health, and welfare of young people experiencing homelessness in the state.

(16)To increase system integration and coordinating efforts to prevent homelessness among youth who are currently or formerly involved in the child welfare system or the juvenile justice system.

(17)To lead efforts to coordinate a spectrum of funding, policy, and practice efforts related to young people experiencing homelessness.

(18)To identify best practices to ensure homeless minors who may have experienced maltreatment, as described in Section 300, are appropriately referred to, or have the ability to self-refer to, the child welfare system.

(19)To collect, compile, and make available to the public financial data provided to the council from all state-funded homelessness programs.

(c)(1)The council shall consist of the following members:

(A)The Secretary of Business, Consumer Services, and Housing and the Secretary of California Health and Human Services, who both shall serve as cochairs of the council.

(B)The Director of Transportation.

(C)The Director of Housing and Community Development.

(D)The Director of Social Services.

(E)The Director of the California Housing Finance Agency.

(F)The Director or the State Medicaid Director of Health Care Services.

(G)The Secretary of Veterans Affairs.

(H)The Secretary of the Department of Corrections and Rehabilitation.

(I)The Executive Director of the California Tax Credit Allocation Committee in the Treasurer’s office.

(J)The State Public Health Officer.

(K)The Director of the California Department of Aging.

(L)The Director of Rehabilitation.

(M)The Director of State Hospitals.

(N)The Director of Developmental Services.

(O)The executive director of the California Workforce Development Board.

(P)The Director of Emergency Services.

(Q)A representative from the State Department of Education, who shall be appointed by the Superintendent of Public Instruction.

(R)A representative of the state public higher education system who shall be from one of the following:

(i)The California Community Colleges.

(ii)The University of California.

(iii)The California State University.

(2)The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one member to the council from two different stakeholder organizations.

(3)The council may, at its discretion, invite stakeholders, individuals who have experienced homelessness, members of philanthropic communities, and experts to participate in meetings or provide information to the council.

(4)The council shall hold public meetings at least once every quarter.

(d)The council shall regularly seek guidance from and, at least twice a year, meet with an advisory committee. The cochairs of the council shall appoint members to this advisory committee that reflects racial and gender diversity, and shall include the following:

(1)A survivor of gender-based violence who formerly experienced homelessness.

(2)Representatives of local agencies or organizations that participate in the United States Department of Housing and Urban Development’s Continuum of Care Program.

(3)Stakeholders with expertise in solutions to homelessness and best practices from other states.

(4)Representatives of committees on African Americans, youth, and survivors of gender-based violence.

(5)A current or formerly homeless person who lives in California.

(6)A current or formerly homeless youth who lives in California.

(7)This advisory committee shall designate one of the above-described members to participate in every quarterly council meeting to provide a report to the council on advisory committee activities.

(e)Within existing funding, the council may establish working groups, task forces, or other structures from within its membership or with outside members to assist it in its work. Working groups, task forces, or other structures established by the council shall determine their own meeting schedules.

(f)Upon request of the council, a state agency or department that administers one or more state homelessness programs, including, but not limited to, an agency or department represented on the council pursuant to subdivision (c), the agency or department shall be required to do both of the following:

(1)Participate in council workgroups, task forces, or other similar administrative structures.

(2)Provide to the council any relevant information regarding those state homelessness programs.

(g)The members of the council shall serve without compensation, except that members of the council who are, or have been, homeless may receive reimbursement for travel, per diem, or other expenses.

(h)The appointed members of the council or committees, as described in this section, shall serve at the pleasure of their appointing authority.

(i)The Business, Consumer Services, and Housing Agency shall provide staff for the council.

(j)The members of the council may enter into memoranda of understanding with other members of the council to achieve the goals set forth in this chapter, as necessary, in order to facilitate communication and cooperation between the entities the members of the council represent.

(k)There shall be an executive officer of the council under the direction of the Secretary of Business, Consumer Services, and Housing.

(l)The council shall be under the direction of the executive officer and staffed by employees of the Business, Consumer Services, and Housing Agency.