California Senate Bill SB570 Amended / Bill

 BILL NUMBER: SB 570AMENDED BILL TEXT AMENDED IN ASSEMBLY SEPTEMBER 3, 2013 AMENDED IN ASSEMBLY AUGUST 15, 2013 AMENDED IN ASSEMBLY AUGUST 6, 2013 AMENDED IN ASSEMBLY JUNE 27, 2013 AMENDED IN SENATE MAY 24, 2013 AMENDED IN SENATE APRIL 16, 2013 INTRODUCED BY Senator DeSaulnier FEBRUARY 22, 2013 An act to add Division 10.11 (commencing with Section 11999.40) to the Health and Safety Code, relating to alcohol and other drug counselors. LEGISLATIVE COUNSEL'S DIGEST SB 570, as amended, DeSaulnier. Alcohol and other drug counselors. Existing law provides for the registration, certification, and licensure of various healing arts professionals. Existing law provides for various programs to eliminate alcohol and drug abuse, and states the finding of the Legislature that state government has an affirmative role in alleviating problems related to the inappropriate use of alcoholic beverages and other drug use. This bill would require the State Department of Health Care Services, commencing January 1, 2015, to require each person who applies to an approved certifying organization to become registered or certified as an alcohol or other drug counselor (AOD counselor) or any AOD counselor who is registered or certified as of January 1, 2015, to obtain a criminal background  clearance   check  , as specified. The bill would require the State Department of Health Care Services to submit to the Department of Justice fingerprint images and related information for the purpose of obtaining information as to the existence of past criminal conduct, as specified. The bill would require the Department of Justice to obtain specified information from the Federal Bureau of Investigation with respect to an applicant's or AOD counselor's past criminal conduct, and to provide this information to the State Department of Health Care Services. The bill would require the Department of Justice to charge a reasonable fee to an individual obtaining a criminal background check, sufficient to cover the cost of processing the criminal background check  request, and would authorize   request. The bill would require  the State Department of Health Care Services to establish a reasonable application fee  , sufficient to cover the department's actual reasonable administrative costs in implementing the provisions of the bill,  to be charged to the certifying organization for each applicant or AOD counselor requesting a background check.  The bill would require the fees to be deposited into the Alcohol and Other Drug Counselor Professions Fund, which would be created by the bill. The bill would require the fund to be administered by the State Department of Health Care Services, and would make moneys in the fund   available, upon appropriation   , for purposes of administering the provisions of the bill.  The bill would require the State Department of Health Care Services, by September 1, 2014, to adopt regulations to implement the provisions  described in   of  the bill, as specified. The bill would require the State Department of Health Care Services to establish the Director's Advisory Panel,  and would require each prospective panel member to obtain a criminal background clearance, as specified   consisting of members who meet specified criteria  . The bill would authorize the panel to advise the department on the development of criteria for baseline decisions regarding AOD counselors, as these decisions relate to criminal background checks, and to make recommendations to the department regarding the criteria for disciplinary guidelines. The bill would require the department and approved certifying organizations to share specified information. 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 Other Drug Counselors 11999.40. For purposes of this division, the following definitions apply: (a) "AOD counselor" means a person registered or certified as an alcohol or other drug counselor by an approved certifying organization. (b) "Approved certifying organization" means an organization that the department has approved to register or certify AOD counselors. (c) "Department" means the State Department of Health Care Services. (d) "Director" means the Director of Health Care Services. (e) "Panel" means the Director's Advisory Panel established pursuant to Section 11999.43. 11999.41. (a) Commencing January 1, 2015, the department shall require approved certifying organizations to require each person who applies to become registered or certified as an AOD counselor and any AOD counselor who is registered or certified as an AOD counselor as of January 1, 2015, to submit fingerprint images via Live Scan for purposes of obtaining a criminal background  clearance   check  under this section. (b) For persons described in subdivision (a),  and for prospective members of the Director's Advisory Panel established in Section 11999.43,  the department shall electronically submit to the Department of Justice fingerprint images and related information required by the Department of Justice for the purpose of obtaining both of the following: (1) The existence and content of a record of state or federal convictions and state or federal arrests. (2) Information as to 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 recognizance pending trial or appeal. (c) The Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history information received pursuant to this section. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the department. (d) The Department of Justice shall provide a state or federal response to the department pursuant to subdivision (p) of Section 11105 of the Penal Code. (e) The department shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code, for persons described in subdivision  (a) and members of the Director's Advisory Panel.   (a).  (f) The Department of Justice shall charge the subject of the criminal background check a reasonable fee sufficient to cover the cost to the Department of Justice of processing the requests described in this section. (g) (1) For persons described in subdivision (a), the department shall review all criminal background information received from the Department of Justice and determine, based on the regulations developed pursuant to subdivision (a) of Section 11999.42, whether to deny an application or revoke a registration or certification based on the criminal background information. The department shall notify the individual's certifying organization of the department's determination. (2) The department may deny or revoke a registration or certification pursuant to this subdivision only if the conviction of a crime is substantially related to the qualifications, functions, or duties of a registered or certified AOD counselor.  (3) The department shall not deny or revoke a registration or certification pursuant to this subdivision solely on the basis of convictions stemming from prior use of drugs or alcohol, provided the individual meets the terms of rehabilitation established in regulations developed pursuant to subdivision (a) of Section 11999.42.  (h) An applicant or AOD counselor whose application is denied or whose registration or certification is revoked pursuant to subdivision (g) shall have the right to appeal the denial or revocation in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (i) The department  may   shall  establish a reasonable application fee to be charged to the certifying organization for each applicant or AOD counselor requesting a background check pursuant to this  section, not to exceed the reasonable costs to the department of implementing this division.   section. The department shall set the fee at   an amount that is sufficient to cover, but shall not exceed, the actual reasonable costs of administering this division.   (j) The Alcohol and Other Drug Counselor Professions Fund is hereby created in the State Treasury, to be administered by the department. The fund shall consist of the fees specified in subdivision (i). Moneys in the fund shall be available, upon appropriation, for the purposes specified in subdivision (i).  11999.42. (a) By September 1, 2014, the department shall adopt regulations to implement this division, which  may   shall  include, but are not limited to,  individualized assessment  standards, exemptions, and terms of rehabilitation for eligibility to become or to continue to be registered or certified as an AOD counselor, including rebuttable presumptions with respect to the acceptance or rejection of an applicant or an AOD counselor with a prior criminal conviction. (b) In adopting regulations pursuant to this section, the department shall convene and consult a stakeholder's group and consult the Director's Advisory Panel established under Section 11999.43. (c) The regulations described in subdivision (a) may be adopted as emergency regulations. The adoption of these regulations is deemed to address an emergency and to be necessary for the immediate preservation of the public peace, health, safety, or general welfare. Emergency regulations authorized by this subdivision shall be exempt from review by the Office of Administrative Law. However, the department shall transmit those regulations to the Office of Administrative Law for filing with the Secretary of State and publication in the California Code of Regulations. Notwithstanding any other law, for purposes of subdivision (e) of Section 11346.1 of the Government Code, the 180-day period, as applicable to the effective period of an emergency regulatory action and submission of specified materials to the Office of Administrative Law, is hereby extended to one year, by which time the department shall have adopted permanent regulations. 11999.43. The department shall establish the Director's Advisory Panel. (a) The director shall select the members of the panel  . The panel shall consist of subject matter experts  in accordance with the following: (1)  Each panel member shall be a certified AOD counselor and have   No less than 75 percent of the panel shall be comprised of certified AOD counselors wit   h    at least five years of experience in alcohol and drug treatment  services.   (2)     (A)     Each prospective panel member shall submit   services, who have submitted  fingerprint images via Live Scan for criminal background  clearance   checks  under Section  11999.41. If a prospective panel member has already submitted to a criminal background clearance in his or her capacity as a certified AOD counselor pursuant to subdivision (a) of Section 11999.41, that criminal background clearance meets the requirement prescribed by this subparagraph.   (B)     Prior   11999.41. Prior  to selecting each member of the panel, the director shall review the prospective member's criminal background information.  (2) Each remaining member of the panel shall be an individual, not certified as an AOD counselor, whom the director determines to be a subject matter expert in the area of substance abuse.  (b) The panel may do both of the following: (1) Consistent with any applicable regulations established pursuant to Section 11999.42, advise the department on the development of criteria for baseline decisions regarding AOD counselors, as these decisions relate to criminal background checks. These criteria may include, but are not limited to, the circumstances that would allow for registration or certification of an applicant or AOD counselor, notwithstanding an applicant's or AOD counselor's prior criminal conviction. (2) Make recommendations to the department regarding criteria for disciplinary guidelines. 11999.44. An approved certifying organization shall do all of the following: (a) Report complaints made against an AOD counselor to the department, and assist in documenting these complaints. (b) Comply with the department's decisions regarding disciplinary actions, including initial denial of a registration or certification. (c) Report any known criminal convictions of an AOD counselor to the department. 11999.45. The department shall report any complaints made to the department against an AOD counselor to the approved certifying organization that conferred the individual's registration or certification and assist that organization in documenting the complaint.