Bill Text: CA SB992 | 2021-2022 | Regular Session | Amended
Bill Title: Substance use disorder counselors: Allied Behavioral Health Board.
Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: (Introduced - Dead) 2022-04-20 - Re-referred to Coms. on B., P. & E.D. and PUB. S. [SB992 Detail]
Download: California-2021-SB992-Amended.html
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Amended
IN
Senate
April 07, 2022 |
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Amended
IN
Senate
March 21, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 992
| Introduced by Senator Melendez (Coauthors: Senators Ochoa Bogh and Wiener) (Coauthors: Assembly Members Chen, Flora, Lackey, Seyarto, and Voepel) |
February 14, 2022 |
An act to add Chapter 9.7 (commencing with Section 4450) to Division 2 of the Business and Professions Code, and to amend Section 11833 of, to add Part 9 (commencing with Section 125800) to Division 106 of, and to repeal Part 9 (commencing with former Section 123100) of Division 106 of, of the Health and Safety Code, relating to substance use disorders, and making an appropriation therefor. disorders.
LEGISLATIVE COUNSEL'S DIGEST
SB 992, as amended, Melendez.
Substance use disorder counselors. 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 State Department of Public Health. board. The bill would require the State Department of
Public Health board to establish regulations and standards for the licensure of substance use disorder counselors, as specified. The 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, and would require the department 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 department,
board, and would make a violation of that provision punishable by a civil an administrative penalty not to exceed $1,000.
The bill would require the department 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 and instead appropriate those funds to the State Department of Public Health for purposes of administering these provisions.
fund. The bill would make its provisions operative upon the appropriation by the Legislature of funds allocated to the state from a specified settlement agreement, consistent with the requirements of the settlement agreement, and sufficient to implement this chapter.
Digest Key
Vote: MAJORITY Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 11833 of the Health and Safety Code is amended to read:11833.
(a)(b) 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 State Department of Public Health to register and certify counselors pursuant to Part 9 (commencing with Section
125800). Allied Behavioral Health Board to register and certify counselors pursuant to Chapter 9.7 (commencing with Section 4450) of Division 2 of the Business and Professions Code.
(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.
SEC. 2.
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) Six
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.125800.4455.
(a) The(b) The department
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).
125802.4456.
(a) The(1) The person has documented to a certifying organization approved by the
department 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 department.
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 licenseholder licensee shall have maintained their certification with a certifying organization approved by the department board and documented to the certifying
organization completion of 50 hours of continuing education units during the two-year license renewal period.
125804.4457.
(a) The(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 of the Business and Professions Code. 4982.
(b) The department board shall not approve a
certifying organization that does not, prior to before registering or certifying an individual, contact other department-approved 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 in accordance with pursuant to applicable statutes and regulations.
(d) The department shall have the authority to
board may conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (c), and to may take actions for noncompliance, including revocation of the department’s approval.
(e)On January 1, 2023, the State Department of Public Health shall, pursuant to subdivision (b), approve
(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, 2022, 2023, pursuant to Section 13035 of Title 9 of the California Code of Regulations as they read on that date, if that certifying organization is in good standing on January 1, 2023.
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 has its departmental approval revoked by the department, the department the board revokes its approval, the board may approve an additional certifying organization to
replace a defaulted
the certifying organization that ceased credentialing operations or whose approval the board revoked
if a the new organization meets the department’s certifying organization approval requirements. requirements adopted by the board pursuant to this chapter.
125806.4458.
(a) Before issuing a license pursuant to Section(b) (1) (A) The department
board shall deny, suspend, delay, or set aside a person’s license application if, at the time of the department’s 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 department board in sufficient specificity to enable the department 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 department
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 department 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.
125808.4459.
(a) No person shall use the title of “Licensed Alcohol Drug Counselor” unless the person has applied for and obtained a license from the(b) A violation of subdivision (a) shall be punishable by a civil an administrative penalty not to exceed one thousand dollars ($1,000).
125810.4460.
(a) The(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 and instead appropriated to the State
Department of Public Health for purposes of administering this part. fund.
(c)The startup funds to implement this chapter shall, upon appropriation, be distributed from the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) Substance Abuse Block Grant (SABG) fund, to the extent that the purposes of this section are deemed to be consistent with the requirements of that act. The department is not required to implement this chapter until moneys are made available pursuant to this subdivision.
