BILL NUMBER: AB 2007INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Williams FEBRUARY 23, 2012 An act to add Division 10.11 (commencing with Section 11999.40) to the Health and Safety Code, relating to alcohol and drug abuse counselors. LEGISLATIVE COUNSEL'S DIGEST AB 2007, as introduced, Williams. Alcohol and drug abuse counselors. Existing law establishes the State Department of Alcohol and Drug Programs for the purposes, among other things, of determining the qualifications, including the appropriate skills, education, training, and experience of personnel working within alcoholism or drug abuse recovery and treatment programs, as specified. This bill, upon the elimination of the State Department of Alcohol and Drug Programs, would require the State Public Health Officer to adopt regulations relating to the licensure and certification of alcohol and drug abuse counselors. This bill would provide that the criteria for obtaining a license would include holding a master's degree or higher from a program specializing in or having substantial course content in alcohol or drug abuse counseling or a related field, demonstrating competence by an examination administered by the State Department of Public Health, and holding a valid, advanced certification, as specified. The bill would provide that, commencing January 1, 2013, and until January 1, 2014, or the finalizing of the above-described regulations, whichever is later, an applicant may be deemed to be licensed without meeting this licensing criteria if he or she meets specified alternative requirements. This bill would provide that the criteria for certification would be required to be consistent with existing regulations governing certification of counselors. This bill would require the State Department of Public Health to set license and license renewal fees, not to exceed $200. This bill would establish the Alcohol and Drug Treatment Professionals Licensing Fund in the State Treasury, consisting of licensing fees, to be used upon appropriation by the Legislature for purposes authorized by the bill. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Division 10.11 (commencing with Section 11999.40) is added to the Health and Safety Code, to read: DIVISION 10.11. Alcohol and Drug Abuse Treatment Services 11999.40. Upon the elimination of the State Department of Alcohol and Drug Programs, the State Public Health Officer shall adopt regulations relating to licensed alcohol and drug abuse counselors (LADC). These regulations shall include both of the following: (a) Standards for licensure of alcohol and drug abuse counselors, including, but not limited to, the criteria described in subdivision (b) of Section 11999.41. (b) Standards for certification of alcohol and drug abuse counselors consistent with the regulations established in Chapter 8 (commencing with Section 13000) of Division 4 of Title 9 of the California Code of Regulations. 11999.41. (a) For purposes of this section, the following definitions shall apply: (1) "Department" means the State Department of Public Health. (2) "License" means an alcohol and drug abuse counselor license. (b) An applicant for a license shall meet, at a minimum, all of the following criteria: (1) Holds a master's degree or higher from a program specializing in, or having substantial course content in, alcohol or drug abuse counseling or a related field. (2) Has demonstrated competence by an examination administered or approved by the department. (3) Holds a valid, advanced certification from an organization that, as of January 1, 2012, was authorized by the State Department of Alcohol and Drug Programs to register and certify alcohol or drug counselors. (c) (1) A license shall be valid for three years unless at any time during that period, it is revoked or suspended pursuant to subdivision (f). An applicant shall apply to renew a license prior to the expiration of the three-year period. (2) When an applicant who qualifies under subdivision (e) applies to renew a license, he or she may apply to renew under the criteria described in subdivision (e). (3) To qualify to renew a license, a licenseholder, including licenseholders licensed pursuant to subdivision (e), shall have completed 90 hours of continuing education units during the three-year period described in paragraph (1). At least 30 of the 90 hours shall be continuing education units in ethics. (d) The department shall set the fee for a license and license renewal. The fee for the license or license renewal shall not exceed two hundred dollars ($200). (e) Commencing January 1, 2013, and until January 1, 2014 or the finalization of the licensure regulations developed pursuant to subdivision (a) of Section 11999.40, whichever is later, upon payment of the license fee described in subdivision (d), an applicant may be deemed to be licensed without meeting the criteria for licensure otherwise described in this section if he or she meets both of the following: (1) He or she holds an advanced credential recognized by an organization that, as of January 1, 2012, was authorized by the State Department of Alcohol and Drug Programs to register and certify alcohol or drug counselors. (2) He or she is currently credentialed and in good standing with an organization described in paragraph (1) and has no history of disciplinary action by the organization. (f) The department may revoke a license if either of the following occurs: (1) The licenseholder loses his or her credential, or is placed on probationary status. (2) The licenseholder has been convicted of a felony charge that, in the State Public Health Officer's determination, is substantially related to the qualifications, functions, or duties of an alcohol or drug abuse counselor. A plea of guilty or nolo contendere to a felony charge shall be deemed to be a conviction for purposes of this paragraph. 11999.42. The Alcohol and Drug Treatment Professionals Licensing Fund is hereby created in the State Treasury, consisting of fees deposited pursuant to this division. (a) Moneys in the fund shall be available, upon appropriation by the Legislature, for purposes of administering this division. (b) It is the intent of the Legislature that the program carried out pursuant to this division be fully supported from fees collected pursuant to Section 11999.41.