BILL NUMBER: AB 2007AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 29, 2012 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 amended, Williams. Alcohol and drug abuse counselors. Existing law provides for the certification and licensure of various healing arts professionals, including, but not limited to, setting forth the scope of practice, establishing the regulatory boards, departments, or bureaus, and setting forth the powers and duties of these entities. This bill would establish similar certification and licensure provisions relating to alcohol and drug counselors to be administered by the State Department of Public Health, and would authorize the department to commence issuing these licenses and certificates on January 1, 2014. The bill would make a violation of certain of these provisions a misdemeanor, and would specify various unlawful acts related to its provisions. The bill would authorize the department to assess related fees, and would require deposit of the fees into the Alcohol and Drug Counselor License Fund, which the bill would establish for expenditure for the purposes of this bill, upon appropriation by the Legislature. By establishing a new crime, this bill would impose a state-mandated local program. 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.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:noyes . 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 CHAPTER 1. GENERAL PROVISIONS 11999.40. Commencing January 1, 2013, the State Department of Public Health shall administer the licensing and certification of alcohol and drug abuse counselors in accordance with this division. 11999.41. For purposes of this division, the following definitions shall apply: (a) "Certified Alcohol and Drug Counselor" or "CADC" means a person certified by the department pursuant to Section 11999.48 or 11999.49 to practice alcohol and other drug counseling under this division. (b) "Clinical supervision" means the ongoing process in which the supervisor participates with one or more supervisees to ensure high-quality service delivery across domains of counselor development, professional and ethical standards, program development, quality assurance, performance evaluation, and administration, as described in TAP 21. (c) "Counselor preparation and testing committee" or "CPTAC" means a body the purpose of which is to coordinate the activities of the CPTOs and to serve as the interface between the CPTOs and the department. (d) "Counselor preparation and testing organization" or "CPTO" means a certifying organization as defined and used in Chapter 8 (commencing with Section 13000) of Division 4 of Title 9 of the California Code of Regulations, including compliance with standards and terms of accreditation by the National Commission for Certifying Agencies. (e) "Department" means the State Department of Public Health. (f) "Director" means the State Public Health Officer. (g) "Independent counseling practice" means an individual or individuals who are licensed under this division to engage in the practice of alcohol and drug counseling, as prescribed in Section 11999.55, in a setting other than a licensed facility or certified program. (h) "Institution of higher learning" means an entity accredited by the Western Association of Schools and Colleges or an equivalent regional accrediting agency approved by the United States Department of Education, or compliant with the requirements of the Bureau for Private Postsecondary and Vocational Education (BPPVE) or its successor agency, the Bureau for Private Postsecondary Education, pursuant to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code). (i) "Intern" means a person certified by the department who is preparing for licensure. (j) "License" means an alcohol and drug abuse counselor license. (k) "Licensed Alcohol and Drug Counselor" or "LADC" means a person licensed by the department pursuant to Section 11999.50 or 11999.51 to practice alcohol and other drug counseling, who may provide clinical supervision to any other person licensed or certified under this division, and who may maintain an independent alcohol and drug counseling practice other than a program licensed or certified by the department pursuant to this division. (l) "NCCA" means the National Commission for Certifying Agencies, which provides government and employers services that allow them to confirm the validity and reliability of a private certifying body. (m) "Registrant" means an uncertified or unlicensed person who is in the course of completing the requirements for certification or licensure under this division and who is registered with a CPTO. (n) (1) "TAP 21" means the publication published by the United States Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, Center for Substance Abuse Treatment entitled, "Addiction Counseling Competencies," Technical Assistance Publication Series No. 21, 2006, and, to the extent the department determines it to be consistent with this division, as that publication may be updated. (2) "TAP 21A" means the publication published by the United States Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, Center for Substance Abuse Treatment entitled, "Competencies for Substance Abuse Treatment Clinical Supervisors," Technical Assistance Publication Series No. 21A, 2007, and, to the extent the department determines it to be consistent with this division, as that publication may be updated. 11999.42. Nothing in this division shall 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 Act (Chapter 6.6 (commencing with Section 2900)), the Marriage and Family Therapist Act (Chapter 13 (commencing with Section 4980)), the Clinical Social Worker Practice Act (Chapter 14 (commencing with Section 4991)) of Division 2 of the Business and Professions Code, or substance abuse professionals as defined by the United States Department of Transportation. 11999.43. Provided that this exception shall not preclude the department from considering any conduct in any setting in its determination of fitness for certification or licensure or in any disciplinary matter this division shall not apply to any of the following: (a) A person who engages in the practice of alcohol and drug counseling exclusively as an employee or volunteer of an agency of the Armed Forces 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. (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 person who is providing alcohol and other drug abuse counseling services while practicing a profession licensed by the State of California under the Medical Practice Act (Chapter 5 (commencing with Section 2000)), the Nursing Practice Act (Chapter 6 (commencing with Section 2700)), the Psychology Licensing Act (Chapter 6.6 (commencing with Section 2900)), the Marriage and Family Therapist Act (Chapter 13 (commencing with Section 4980)), the Clinical Social Worker Practice Act (Chapter 14 (commencing with Section 4991)) of Division 2 of the Business and Professions Code, or substance abuse professionals as defined by the United States Department of Transportation. CHAPTER 2. ADMINISTRATION 11999.44. (a) There is within the department a seven-member Committee on Alcohol and Drug Counselor Preparation and Testing. (b) The committee shall meet a minimum of four times per year in order to review and issue recommendations to the department on the following issues: (1) The department's implementation of this division. (2) Counselor education and examination issues. (3) Code of conduct and ethics issues. (4) Disciplinary actions. (5) Counselor performance. (6) Reciprocity provisions with other states. (7) Agreements and regulations proposed by the director to implement this division. (c) (1) At least once every two years the committee shall issue a report to the department and the Legislature regarding its findings and recommendations. (2) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (d) For purposes of this section, a "public member" means a person who is neither certified nor licensed under this division, nor who has a fiduciary duty to, any employment with, or contractual interest in, any facility or program providing alcohol and drug treatment, or any group or organization representing, or financially or legally associated with, any aspect of the alcohol and drug treatment community. (e) The seven members of the committee shall be appointed not later than July 1, 2014. Except for public members, initial appointment and continued service on the committee is contingent upon the member being and remaining certified or licensed under this division. Members shall be appointed as follows: (1) Five members, at least one of whom shall be a public member, appointed by the Governor. Up to four members may be nonpublic members, including, but not limited to, certified or licensed counselors, service providers, or a person representing any aspect of the alcohol and other drug treatment community. (2) One public member appointed by the Speaker of the Assembly. (3) One public member appointed by the Senate Committee on Rules. (f) The director may appoint no more than three nonvoting, ex officio members who may include a representative of the Little Hoover Commission, the department, the Assembly Select Committee on Alcohol and Drug Abuse, the Senate Committee on Health, or the Assembly Committee on Public Safety. (g) The executive directors of the Board of Behavioral Sciences and the Board of Psychology shall also serve as nonvoting, ex officio members of the committee. (h) All committee members shall serve for terms of four years, except that the appointing power may remove a member without cause. If a member is removed, the member appointed as his or her replacement shall serve for the duration of the unexpired term. No committee member shall serve more than two consecutive terms. Committee members shall not be compensated but shall be reimbursed by the department for necessary expenses incurred in performing the duties of their membership on the committee. (i) The committee shall select a chairperson each year, but no person shall be selected as the chairperson for more than two consecutive years. (j) The committee may create subcommittees as it deems appropriate. (k) The department shall provide support to the committee from within its existing resources. 11999.45. The duties of the committee established pursuant to Section 11999.44 shall include all of the following: (a) Recommend to the director any changes to the definition of unprofessional conduct specified in Section 11999.60, that are consistent with generally accepted ethics codes. (b) Review and make recommendations on the initial viability of CPTOs as to whether each has met the qualifications and requirements of this part, including specific recommendations as to the appropriate actions specified in subdivision (c), the department should take if it finds that a CPTO has not met one or more of the qualifications or requirements specified in Section 11999.46. (c) Report on the ongoing viability of CPTOs and any failures in adhering to the requirements specified in Section 11999.46 and make recommendations to the department with respect to disciplinary action against CPTOs, as appropriate, including reprimand or probation, issuing an order to take corrective action, suspending or revoking the CPTO's status, imposing administrative fines not to exceed ten thousand dollars ($10,000), or any combination of these for failing to comply with the terms of this division. (d) Determine the appropriate means for licensees, certificate holders, and registrants who are affiliated with a CPTO to transfer their credit earned toward meeting the education and work experience requirements of this division, as appropriate, to another CPTO. (e) Make recommendations to the director with respect to disciplinary action against licensees and certificate holders, including reprimand or probation, suspension, or revocation of the license or certificate, issuance of administrative citations, imposition of administrative fines not to exceed five thousand dollars ($5,000), or any combination of these for failing to comply with the terms of this division. (f) Commencing January 1, 2016, consider recommending as a CPTO any other agency not accredited with the NCCA as of January 1, 2014, if the committee determines that the agency has gained NCCA accreditation after January 1, 2014, and the agency complies with all of the other provisions of this division. (g) Create a process by which a CPTO is required to submit a request for certification to the department on behalf of an applicant who has been a registrant and who meets all the requirements for certification, including a recommendation and a summary of the registrant's qualifications at the time the registrant applies to the CPTO for certification as a CADC. The department may establish a requirement that a CPTO provide an applicant's portfolio that includes all the documentation concerning the applicant's qualifications not more than five business days after the documentation is requested by the department. The department also may establish, by regulation, recordkeeping requirements for applicants' portfolios. The department shall, after seeking recommendations from the committee, adopt regulations to implement this paragraph not later than January 1, 2014. (h) Create a process by which a CPTO is required to submit a request for licensure to the department on behalf of an applicant who has been a CADC and who meets all the requirements for licensure, including a recommendation and a summary of the person's qualifications, at the time the CADC applies to the CPTO for licensure as an LADC. The department may establish a requirement that a CPTO provide an applicant's portfolio with all the documentation concerning the applicant's qualifications not more than five business days after the documentation is requested by the department. The department also may establish, by regulation, recordkeeping requirements for applicants' portfolios. The department shall, after seeking recommendations from the committee, adopt regulations to implement this paragraph not later than January 1, 2014. (i) Recommend continuing education providers. (j) Create a process by which a CPTO is required to submit a request for renewal of a license or certificate to the department on behalf of an applicant who meets all the requirements for renewal. 11999.46. At a minimum, a CPTO shall do all of the following: (a) Maintain a business office in the state and advise the CPTAC and the department of that address and any changes to that address. (b) Be accredited with the NCCA as of January 1, 2012, continuously maintain accreditation, including accreditation renewals as required by the NCCA, and abide by all terms of its NCCA accreditation, including all final documentation presented to the NCCA regarding the CPTO's organizational requirements and counselor education and testing provisions. (c) Maintain an electronic database of all persons affiliated with the CPTO through registration, certification, and licensure. (d) Comply with the requirements of this division and any requirements subsequently adopted by the CPTAC or the department. 11999.47. For purposes of administering and enforcing this division, the department shall do all of the following: (a) Adopt rules and regulations as necessary to administer and enforce this division. 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) Commencing January 1, 2014, issue licenses and certificates to persons who meet the qualifications of this division and any regulations promulgated pursuant to this division. (c) Take disciplinary action against counselors as appropriate, including reprimand or probation, suspension, or revocation of the license or certificate, issuance of administrative citations, imposition of administrative fines not to exceed five thousand dollars ($5,000), or any combination of these for failing to comply with the terms of this division. (d) Adopt regulations not later than January 1, 2014, for the receipt, investigation, and resolution of complaints made by or against registrants and certified and licensed counselors. (e) Maintain a public database of registrants, and certified and licensed counselors, including the person's status, any public record of discipline, and other information as the department may adopt by regulation. The department shall also maintain on its Internet Web site a current listing of all registrants and counselors against whom a finalized disciplinary action has been taken, including the specific disciplinary action ordered. (f) Take disciplinary action against CPTOs, as appropriate, including reprimand or probation, issuing an order to take corrective action, suspension or revocation of the CPTO's status, imposition of administrative fines not to exceed ten thousand dollars ($10,000), or any combination of these for failing to comply with the terms of this division. CHAPTER 3. LICENSURE AND CERTIFICATION Article 1. Certification 11999.48. Commencing January 1, 2014, and until the disposition of all complete applications actually received by the department prior to January 1, 2015, the department shall issue a Certified Alcohol and Drug Counselor (CADC) certificate, within 30 business days, to a person who the department determines was certified as a counselor on or before December 31, 2013, in accordance with regulations of the department in effect on that date, and who has met all of the following requirements: (a) Completed and submitted an application for certification to a CPTO. (b) Submitted to a state and federal level criminal offender record information search and passed both background checks as specified in Section 11999.63. (c) Paid the required fees as specified in Section 11999.74. 11999.49. (a) Commencing January 1, 2015, the department shall issue a Certified Alcohol and Drug Counselor (CADC) certificate within 30 business days to a person if all of the following requirements are met: (1) The department receives documentation from a CPTO that the person has met either of the following requirements: (A) Completed the education requirements of, passed the examination administered by, and completed all other requirements, including work experience requirements, of the CPTO. (i) Education requirements shall include a minimum of 315 classroom hours and 160 hours of a supervised practicum. (ii) The examination administered by a CPTO shall be psychometrically validated to the appropriate level of education and shall examine the person's knowledge of the materials as specified in Section 11999.53. (B) Possesses an earned associate of arts or associate of science in alcohol and drug counseling, or other equivalent degree recognized by the department from an institution of higher learning, and has completed 160 hours of a supervised practicum, and passed a test administered by a CPTO as specified in Section 11999.50. (2) Completed 2,080 hours of work experience, as specified in Section 11999.54, that are within the scope of practice of a counselor. The work experience shall be gained within six years of the application for certification. (3) Submitted to a state and federal level criminal offender record information search and passed both background checks as specified in Section 11999.63. (4) Completed the application for a certificate and satisfied any other requirements of this division for certification as a CADC. (5) Paid the required fees as specified in Section 11999.74. (b) The CPTO shall be responsible for notifying the department, in a manner the department may specify, of pertinent information regarding each applicant's completion of the requirements specified in subdivision (a). Upon receiving all of the required information and payment of fees, the department may, with cause, contact the CPTO to elicit additional information regarding any particular application for certification. (c) The department shall issue the certification not more than 30 business days following the date on which the department receives all required documentation, including payment of fees, unless a finding is made that a particular application for certification should be delayed or denied pursuant to due process provisions of this division. Article 2. Licensure 11999.50. (a) Commencing January 1, 2014, and until the disposition of all completed applications actually received by the department by January 1, 2015, the department shall issue a Licensed Alcohol and Drug Counselor (LADC) license, within 30 business days, to a person whom the department determines was certified as a counselor on or before December 31, 2013, in accordance with regulations of the department in effect on that date, if the person meets the following requirements: (1) Possesses an earned master of arts, master of science, or doctoral degree in alcohol and drug counseling, psychology, social work, marriage, family and child counseling, marital and family therapy or other clinically focused discipline, or an equivalent degree from an institution of higher learning that is recognized by the CPTO. (2) Provides documentation of 10,000 hours of direct experience in the field of alcohol and drug counseling and holds an advanced certification issued by a CPTO that includes the following minimum requirements: (A) A course of education as described in Section 11999.52 that includes at least 315 hours of classroom instruction in alcohol and drug abuse counseling, including, but not limited to, a 45-hour classroom practicum course offered by a provider approved by the CPTO. (B) At least 255 hours of fieldwork in a clinically supervised practicum approved by a CPTO. (C) Six thousand hours of work experience as an alcohol and other drug abuse counselor. (D) Provides proof of a passing score on a test taken before January 1, 2014, that is recognized by a CPTO, and is sufficient to verify the skill and knowledge determined by an applicable job task analysis. (3) Completed six hours of education in clinical supervision techniques. (4) Completed 16 hours of education on operating an independent counseling practice, including both of the following: (A) Six hours of education in the subject of law and ethics as it relates to a licensee's ability to practice alcohol and other drug abuse counseling safely. This education may, include, but is not limited to, education in the legal and regulatory aspects of chemical dependency treatment, regulatory restrictions, confidentiality, issues surrounding clients' rights, and standards of competency for the practice of alcohol and other drug abuse counseling. (B) Ten hours of education in the recognition of cooccurring disorders, referral processes, and the evaluation of clients using placement criteria, such as 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. (5) Submitted to a state and federal level criminal offender record information search not later than June 30, 2012, and passed both background checks as specified in Section 11999.63. (6) Paid the required fees as specified in Section 11999.74. (7) Completed the application for a license. (b) All of the hours of education required by this section may be gained as part of the education leading to a person's earned master of arts, master of science, or doctoral degree. 11999.51. (a) Commencing January 1, 2015, the department shall issue a Licensed Alcohol and Drug Counselor (LADC) license, within 30 business days, to a person who meets the following requirements: (1) Possesses an earned master of arts, master of science, or doctoral degree in alcohol and drug counseling, psychology, social work, marriage, family and child counseling, marital and family therapy or other clinically focused major, or an equivalent degree recognized by the department from an institution of higher learning. (2) Completed all of the following: (A) Forty hours of education in clinical supervision techniques. (B) A minimum of 65 hours of education on operating an independent counseling practice, including both of the following: (i) Twenty hours of education in the subject of law and ethics as it relates to a licensee's ability to practice alcoholism and drug abuse counseling safely. This education may, include, but is not limited to, education in the legal and regulatory aspects of substance use disorder treatment including scope of practice restrictions, regulatory restrictions, confidentiality, issues surrounding clients' rights, and standards of competency for the practice of alcohol and other drug abuse counseling. (ii) Forty-five hours of education in psychopathology, including cooccurring disorders, referral processes, and the evaluation of clients using placement criteria, such as 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) Six hours of education in supervision techniques. (3) Passed a test administered by a CPTO as specified in Section 11999.53. (4) Completed a supervised practicum required by the institution of higher learning that awarded the applicant his or her degree. (5) Completed 3,120 hours of work experience as specified in Section 11999.54 that shall be inclusive of the hours spent in the practicum specified in paragraph (4). (6) Submitted to a state and federal level criminal offender record information search and passed both background checks as specified in Section 11999.63. (7) Paid the required fees as specified in Section 11999.74. (8) Completed and submitted an application for a license and satisfied all other requirements of this division for licensure as an LADC. (b) All of the hours of education required by this section may be gained as part of the education leading to a person's earned master of arts, master of science, or doctoral degree. Article 3. General Provisions 11999.52. The curriculum for educational qualifications required for certification or licensure pursuant to this division shall, at a minimum, meet the requirements as determined by the TAP 21 for all counselors, and by the TAP 21A for counselors at the LADC level. 11999.53. A test developed or recognized by a CPTO shall meet, at a minimum, all of the following criteria: (a) Sufficient to examine and verify the appropriate level of skills and knowledge as described in the TAP 21 or TAP 21A and the job task analysis created specifically for the level of certification and licensure intended. (b) Psychometrically validated to cover the curriculum and the skills and knowledge required by this part including the competencies determined by the TAP 21 and TAP 21A for CADCs and LADCs. (c) Administered at a frequency and under conditions providing reasonable access and security. (d) Maintained in accordance with industry standards, including, but not limited to, revalidating every five years, performing a cut score validated annually to maintain validity, and maintaining an annual question bank maintenance. (e) Protected, to the best of the CPTO's ability, the integrity of the testing instruments utilized and shall maintain a plan of action to respond to a compromised test. A CPTO shall report test compromises to the department with the documented incident and plan of action within five business days of discovering a compromising incident. 11999.54. The work experience required by this division shall meet all of the following criteria: (a) Except for the work experience provisions specified in subdivision (b) of Section 11999.51, no hours of experience may be gained more than six years prior to the date the application for registration, certification, or licensure, as applicable, was filed, except as specifically provided in this division, unless a CPTO makes a determination regarding an individual for whom a hardship exists, in which case the CPTO may allow up to two additional years to gain the work experience. (b) Work experience shall not be gained as an independent contractor. (c) Clinical supervision of registrants and interns conducted pursuant to this section shall include at least one hour of direct supervisor contact during each 40-hour work period, and must be conducted while the registrants or interns are performing services that are within the scope of practice of a counselor. (d) For purposes of this section "one hour of direct supervisor contact" means either of the following: (1) One hour of face-to-face contact on an individual basis during counseling periods. (2) Two hours of face-to-face contact during counseling periods with a group that includes not more than five registrants or interns. (e) Work experience may be completed in any setting that meets both of the following: (1) Lawfully and regularly provides alcohol and other drug counseling. (2) Provides clinical supervision to ensure that the registrant's or intern's work at the setting meets the requirements set forth in this division and is within the scope of practice for the profession. (f) Clinical supervision hours required of registrants to become eligible for certification shall be supervised by a licensed or certified counselor who has 6,000 hours of work experience that is within the scope of practice of a counselor and who is approved by a CPTO for supervising registrants in a facility licensed or in a program certified by the department. Interns seeking to meet the qualifications for licensure may only gain clinical supervision hours by an LADC or by a person who is licensed under applicable provisions described in this division. (g) (1) A maximum of two thousand eighty hours of work experience may be credited toward licensure while registered and working toward qualifying for certification. (2) (A) Before beginning the remaining 1,040 hours of work experience required for licensure, a candidate for licensure shall register as an intern with a CPTO. The remaining 1,040 experience hours for licensure shall be gained only under the clinical supervision of an LADC, or any of the following licensed professionals: (i) A physician licensed by the Medical Board of California. (ii) A psychologist licensed by the Board of Psychology. (iii) A clinical social worker or marriage and family therapist licensed by the California Board of Behavioral Sciences. (B) A CADC performing services in a private practice setting shall be supervised by a person who is either an LADC, a marriage and family therapist, a licensed clinical social worker, a licensed psychologist, a licensed physician and surgeon certified in psychiatry by the American Board of Psychiatry and Neurology, or a physician and surgeon who has completed a residency but is not yet board certified in psychiatry. All clinical supervisors of registrants and interns seeking hours for licensure shall have at least 6,000 hours of direct treatment experience in substance abuse and addiction. (C) A person supervising a certified alcohol and drug abuse counselor or intern shall have a written agreement with the supervisee describing the planned hours of practice, supervision schedule, nature of work assignments, and other specifications that the supervisor reasonably deems appropriate to the supervisee's level of training. (D) A person supervising a certified alcohol and other drug abuse counselor or intern shall evaluate a supervisee at least annually, emphasizing his or her strengths and shortcomings as well as areas in which the supervisee should pursue additional knowledge or skill development. These evaluations shall be signed by both the supervisor and the supervisee and copies shall be retained by both for seven years. The department may request copies of these evaluations. (E) Clinical supervision conducted pursuant to this paragraph shall include at least 50 hours of face-to-face supervision per year. As necessary, clinical supervisors shall make themselves available to each supervisee for face-to-face consultations or consultations via telephone or other electronic means. (F) A clinical supervisor shall be limited to no more than five supervisees at a time, unless specifically authorized by the CPTO, to supervise additional supervisees. (h) Total work experience hours shall be gained in each of the service areas that are within the scope of practice of a counselor, approximately in ratios normally engaged in by those currently working in the field. (i) Work experience may be gained solely as part of the position or positions in which the individual volunteers or is employed. (j) All persons shall be registered with a CPTO or be certified by the department in order to be credited for the work experience necessary for certification or licensure. 11999.55. (a) An individual who is licensed or certified under this division may engage in the practice of alcohol and other drug abuse counseling. Alcohol and other drug abuse counseling is the application of counseling approaches and methods derived from alcohol and drug theory and research, for the purpose of treating alcohol and other drug abuse problems, the practice of which conforms to the practitioner's level of training, education, and experience. (b) A counselor or registrant may perform the acts listed in this section only for the purpose of treating alcohol and other drug problems. (c) For purposes of this part, "alcohol and other drug abuse counseling" means performing any of the following services for the purpose of treating alcohol and other drug abuse: (1) Screening, which means the process by which a client is determined to be eligible for admission to a particular alcohol and other drug abuse treatment program. (2) Initial intake, which means the administrative and initial assessment procedures for admission to an alcohol and other drug abuse treatment program. Assessment shall not include psychological testing intended to measure or diagnose mental illness. (3) Orientation, which means describing to the client the general nature and goals of the alcohol and other drug abuse treatment program, including rules governing client conduct and infractions that can lead to disciplinary action or discharge from the program. (4) Alcohol and drug abuse counseling, including individual, group, and significant others. This includes 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 abuse. 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, 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. (5) Case management, which means activities that bring services, agencies, resources, or individuals together within a planned framework of action toward achievement of established goals. It may involve liaison activities and collateral contacts. (6) Crisis intervention, which means those services that respond to an alcohol or drug abuser'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. (7) Assessment, which means those 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 other drug abuse treatment plan. (8) Treatment planning, which means 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. (9) Client education, which means providing information to individuals and groups concerning alcohol and other drugs of abuse and the services and resources available. (10) Referral, which means 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. (11) Reports and recordkeeping, which means documenting the client' s progress in achieving the client's goals. (12) Consultation with other professionals with regard to client treatment or services, which means communicating with other professionals to ensure comprehensive, quality care for the client. 11999.56. A licensee who operates an independent counseling practice shall refer any client assessed as needing additional services not within his or her scope of practice to another licensed professional, as appropriate. 11999.57. The department shall issue a license or certification to each applicant meeting the requirements of this division, which permits the holder to engage in alcohol and other drug counseling as defined in Section 11999.55, entitles the holder to use the title of licensed or certified alcohol and other drug counselor, as applicable, and authorizes the holder to hold himself or herself out as qualified to perform the functions delineated by this part, subject to any limitations relating to the level of the license or certification or other conditions that may be imposed by the department. The form and content of the license or certification shall be determined by the department. 11999.58. A person who has received a certificate or license under this division may use the title Certified Alcohol and Drug Counselor or CADC, or Licensed Alcohol and Drug Counselor or LADC, in accordance with the type of certificate or license possessed. Every person who styles himself or herself or who holds himself or herself out to be a Certified Alcohol and Drug Counselor, or Licensed Alcohol and Drug Counselor without holding a license or certification in good standing under this division, is guilty of a misdemeanor. 11999.59. (a) It is unlawful for a person to engage in the practice of alcohol and drug counseling unless at the time of so doing the person holds a valid, unexpired, and unrevoked certificate or license under this division, excluding practice exempt pursuant to Section 11999.42 or by a person who is eligible to become certified or licensed pursuant to the provisions of Sections 11999.49 and 11999.51. (b) It is unlawful to engage in the unsupervised practice of alcohol and other drug abuse counseling by a person who is certified under this division outside a facility exempted by this part, or that is licensed or certified by the department or that is an independent counseling practice, unless at the time of doing so, a person holds a valid, unexpired, and unrevoked license issued by the department under this division. 11999.60. The department may deny, revoke, suspend, or impose conditions upon a license or certification for unprofessional conduct. Unprofessional conduct, includes, but is not limited to, any of the following: (a) Engaging in the commission of any dishonest, corrupt, or fraudulent act substantially related to the qualifications, functions, or duties of a counselor, including, but not limited to, the following: (1) Securing a certification or renewal by fraud, deceit, or misrepresentation. (2) Misrepresenting the type or status of certification held by the person, or otherwise misrepresenting or permitting misrepresentation of his or her education, professional qualifications, or professional affiliations to any person, program, or entity. (3) Refusing or failing to provide proper identifying certification or license where appropriate or required, including, but not limited to, client solicitation. (4) Advertising, marketing, or promoting programs, services, training, education, or experience in a false and misleading manner, as set forth Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code. (b) Failing to maintain professionally appropriate boundaries with clients and family members of clients, or failing to conduct himself or herself in a professional and lawful manner, including the following: (1) 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. (2) Committing an act of sexual abuse, misconduct, or an act punishable as a sexually related crime. (3) Engaging in a business relationship with clients, patients, program participants, or residents within one year from the termination of the counseling relationship. (4) Physically, verbally, or sexually harassing, threatening, or abusing other staff members, clients, patients, program participants, or residents. (5) Unlawfully administering to himself or herself any controlled substance as defined in Section 4021 of the Business and Professions Code, using any of the dangerous drugs or devices specified in Section 4022 of the Business and Professions Code, or using any alcoholic beverage to the extent, or in a manner, as to be dangerous or injurious to the person holding or applying for a registration, certification, or license or to any other person, or to the public. (c) Failing to comply with all federal and state laws and regulations that pertain to client confidentiality, mandated reporting exceptions, recordkeeping requirements and client records access, including: (1) Violating client confidentiality except as required or permitted by law, including, but not limited to, Part 2 (commencing with Section 2.1) of Subchapter A of Chapter 1 of Title 42 of the Code of Federal Regulations. (2) Failing to maintain records consistent with the nature of the services being rendered. (3) Refusing or denying client access to charts and records as required by law. (4) Violating, attempting to violate, or conspiring to violate any law or regulation governing alcohol or drug registrants, or certified or licensed alcohol or drug counselors. 11999.61. The director may temporarily suspend a license or certification prior to a hearing when, in the opinion of the director, the action is necessary to protect a client from physical or mental abuse, abandonment, or other substantial threat to health or safety. The director shall give notice of the temporary suspension and the effective date of the temporary suspension and, at the same time, shall serve an accusation. Upon receipt of a notice of defense to the accusation, the director 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 director has made a final determination on the need for the temporary suspension to remain in place pending resolution of the accusation. However, the temporary suspension shall be deemed vacated if the director fails to make a final determination on the merits within 30 days after the hearing, if the director hears the matter personally or within 30 days after the department receives the proposed decision from the Office of Administrative Hearings, or if the matter is heard by a hearing officer. 11999.62. (a) A person who has applied for or received a license or certification from the department under this division has the right to appeal an adverse decision of the department with regard to his or her application, license, or certificate. (b) Unless the department 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). 11999.63. (a) An applicant for a license or certification under this division 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 certification. (b) A CPTO shall require a person applying for registration to submit a live fingerprint scan that does not require direct submission of fingerprints to the Department of Justice. A CPTO shall report the accompanying results of a person's fingerprint scan to the department at the time a CPTO submits a recommendation for licensure or certification to the department. 11999.64. (a) A CPTO shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for all alcohol and drug counselor licensure or certification applicants to obtain information on 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. (b) The CPTO shall request from the Department of Justice subsequent arrest notification service, as provided pursuant to Section 11105.2 of the Penal Code, for all license and certification applicants. (c) Before recommending a certification or license, the CPTO shall ensure that the state and federal level criminal history of the applicant is reviewed. 11999.65. (a) The department may deny or revoke any person's license or certification if, at the time of the department's determination, the person's criminal background indicates that there is a reasonable danger to the public in certifying or licensing the applicant for the purpose of delivering alcohol and drug abuse treatment services. (b) The department shall, following a recommendation from the CPTO, adopt regulations allowing an individual who has a certificate or license suspended or revoked pursuant to this section to appeal the decision to the director. The regulations shall clearly state the responsibility of the appellant and the requirements of the director to render a decision in a timely fashion. (c) The department shall prohibit an independent practice, licensed facility, or certified program that serves minor children, or a facility that allows minor children of clients to reside in the facility, from employing, allowing in a licensed facility, or allowing contact with clients of a licensed facility by, an employee, prospective employee, or person who is not a client who meets any of the following criteria: (1) The person has engaged in conduct that the department determines is inimical to the health, morals, welfare, or safety of an individual in, or receiving services from, the facility, or to the people of the State of California. (2) The person has been denied an exemption to work or to be present in a facility, because that person has been convicted of a crime to which Section 1522 applies. (3) The person has engaged in other conduct that would constitute a basis for disciplining a licensee. (d) The department may establish by regulation additional criteria to implement subdivision (c), that may include, standards, exemptions, and terms of rehabilitation, and may include rebuttable presumptions with regard to any of those standards, exemptions, and terms of rehabilitation. 11999.66. (a) Licenses or certifications issued under this part shall expire two years after the issue date. (b) To renew an unexpired license or certification, the counselor shall, on or before the expiration date of the license or certification, complete all of the following actions: (1) Apply for a renewal on a form prescribed by the department. (2) Pay a renewal fee, to be determined by the department. (3) Complete a minimum of 30 hours per year of continuing education, including at least three hours each year relating to ethics and the code of conduct. A minimum of 20 of these hours shall be provided by an approved provider with a CEU provider number. Up to 10 of these hours may include in-service education, presentation of related training, or self-improvement development that focuses on personal and professional growth. (4) Notify the department of either of the following: (A) If he or she has been convicted of a misdemeanor or felony that permits denial of a license, certification, or registration, pursuant to Section 11999.65, or which the department finds is substantially related to the practice of alcohol and other drug counseling. (B) If any disciplinary action has been taken by a regulatory or licensing board, in this or any other state, subsequent to the licensee's last renewal. (c) To renew an expired license or certification within three years of its expiration, the counselor shall, as a condition precedent to renewal, do all of the following: (1) Apply for renewal on a form prescribed by the department. (2) Pay the renewal fees that would have been paid if the license had not been delinquent. (3) Pay all delinquency fees. (4) Complete the applicable continuing education requirements. (5) Notify the department if he or she has been subject to disciplinary action since the last renewal. (d) The department shall establish regulations allowing for the reinstatement of a license or certification that is not renewed within three years after its expiration. 11999.67. A counselor shall display his or her license or certification in a conspicuous place in the counselor's primary place of business. The current renewal receipt shall be displayed near the license. 11999.68. An LADC or CADC shall be required to renew a license or certification that has been suspended. Renewal does not, while the license or certificate remains suspended, change the terms of the suspension and the counselor shall wait until the license or certificate is reinstated pursuant to this division before resuming the activities for which the license or certificate are required. 11999.69. (a) An LADC or CADC may apply to the department to place his or her license or certification on inactive status. A person who holds an inactive license or certification 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 11999.66, but shall otherwise be subject to this part and shall not engage in the practice of alcohol and other drug counseling in this state. (b) A counselor on inactive status who has not committed any acts or crimes constituting grounds for denial of licensure or certification may, upon request, have his or her license or certification placed on active status. A person requesting his or her license or certification to be placed on active status at any time during a renewal cycle shall pay a pro rata portion of the renewal fees. (c) A person requesting to move from inactive to active status whose license or certification will expire less than one year from the date of the request shall be required to complete 20 hours of continuing education for license or certificate renewal. A person requesting to move from inactive to active status whose license or certification will expire more than one year from the date of the request shall be required to complete 40 hours of continuing education for license or certificate renewal. 11999.70. A person licensed or certified under this division shall comply with both of the following: (a) Provide written notice to the CPTO and department within 30 days of any change of his or her residential or work address. (b) Provide written notice to the CPTO and the department 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. 11999.71. (a) Except as otherwise provided in this division, an accusation filed pursuant to Section 11503 of the Government Code against a person who is licensed or certified pursuant to this division shall be filed within three years from the date the department 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 who is licensed or certified pursuant to this division alleging the procurement of a license or certification 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 department 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 (c) 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 department due to an ongoing criminal investigation. (f) For purposes of this section, "discovers" means the latest of the occurrence of any of the following with respect to each act or omission alleged as the basis for disciplinary action: (1) The date the department received a complaint or report describing the act or omission. (2) The date, subsequent to the original complaint or report, on which the department became aware of additional acts or omissions alleged as the basis for disciplinary action relating to the original complaint or report against the individual. (3) The date the department receives from the complainant a written release of information pertaining to the complainant's diagnosis and treatment. 11999.72. (a) Education and work experience gained outside of California may be accepted toward the licensure or certification requirements if it is substantially the equivalent of the requirements of this division. (b) The department shall issue a license or certification to a person who, at the time of application, meets all of the following requirements: (1) Has held a valid active alcohol and other drug counseling license or certification issued by a board of alcohol and other drug counseling examiners or corresponding authority of another state. (2) Passes a current applicable examination. (3) Pays the fees required by this division. (4) Passes the background checks required by this division. (5) Is not subject to denial of licensure or certification under this division. CHAPTER 4. FISCAL PROVISIONS 11999.73. The Alcohol and Drug Counselors License Fund is hereby established in the State Treasury. All fees and fines collected by the department in accordance with this part shall be deposited in this fund. The moneys in the fund shall be available to the department, upon appropriation by the Legislature, for the purpose of supporting the counselor licensing activities of the department. 11999.74. (a) The department, in consultation with the committee established pursuant to Section 11999.44, shall establish fees relating to the licensure and certification of alcohol and drug counselors. (b) The department shall assess each CPTO quarterly for the requests for licensure and certification presented during the previous quarter. A CPTO shall provide payment for licensed and certified counselors within 90 days of receipt of an assessment. (c) The department shall assess each CPTO five thousand dollars ($5,000) every two years for the purposes of reviewing CPTOs and enforcing regulations related to CPTO compliance. (d) The department shall assess each CPTO a one-time twenty-five-dollar ($25) fee for each individual who either received a license pursuant to Section 11999.50 or received a certificate pursuant to Section 11999.48 and who registers with, is certified by, or applies for licensure through, the CPTO between January 1, 2014, and December 31, 2014, inclusive, for the purposes of implementing this act. (e) This section shall not establish or limit the fees charged for education, examinations, or application preparation or submission. (f) The fees collected pursuant to this section shall cover the full cost of, and shall in no way exceed the reasonable cost of, administering and implementing this division. (g) The fees described in this section shall be established 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. SEC. 2. 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.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.