| 1 | | - | Assembly Bill No. 1860 CHAPTER 523 An act to amend Section 11833 of the Health and Safety Code, relating to substance abuse treatment. [ Approved by Governor September 25, 2022. Filed with Secretary of State September 25, 2022. ] LEGISLATIVE COUNSEL'S DIGESTAB 1860, Ward. Substance abuse treatment: registration and certification.Existing law grants the State Department of Health Care Services the sole authority in state government to determine the qualifications of personnel working within alcoholism or drug abuse recovery and treatment programs licensed, certified, or funded under state law. Existing law requires the department to require that a person providing counseling services within those programs be registered with or certified by a certifying organization approved by the department, except as specified.This bill would exempt graduate students participating in supervised internships affiliated with university programs in psychology, social work, marriage and family therapy, or counseling, who are completing supervised practicum hours to meet postgraduate requirements, and associates registered with the Board of Behavioral Sciences from the registration and certification requirement.This bill would require exempted programs providing practicum for graduate students to report to all department-approved certifying organizations a graduate student who has been removed from practicum as a result of an ethical or professional conduct violation.Existing law prohibits the department from approving a certifying organization that does not, prior to registering or certifying a counselor, contact other department-approved certifying organizations to determine whether an individual has had their registration or certification revoked. Existing law requires certifying organizations to deny an individuals request for registration if the individuals certification has been previously revoked.This bill would prohibit the department from approving a certifying organization that does not, prior to registering or certifying a counselor, contact other department-approved certifying organizations to determine whether an individual has been removed from a postgraduate practicum for an ethical or professional violation. This bill would also require a certifying organization to deny an individuals request for registration if the individual has been removed from a postgraduate practicum for an ethical or professional violation. The bill would require the department to adopt regulations to implement these provisions on or before December 31, 2025.This bill would incorporate additional changes to Section 11833 of the Health and Safety Code proposed by AB 2473 to be operative only if this bill and AB 2473 are enacted and this bill is enacted last.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe 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) The department shall have the sole authority in state government to determine the qualifications, including the appropriate skills, education, training, and experience of personnel working within alcoholism or drug abuse recovery and treatment programs licensed, certified, or funded under this part.(b) (1) Except as set forth in subdivision (c), an individual providing counseling services working within a program described in subdivision (a) shall be registered with, or certified by, a certifying organization approved by the department to register and certify counselors.(2) The department shall not approve a certifying organization that does not, prior to registering or certifying an individual, contact other department-approved certifying organizations to determine whether the individual has ever had their registration or certification revoked or has been removed from a postgraduate practicum for an ethical or professional violation.(c) (1) The following individuals are exempt from the requirement in paragraph (1) of subdivision (b) to be registered or certified by a department-approved certifying organization:(A) A graduate student affiliated with university programs in psychology, social work, marriage and family therapy, or counseling, who is completing their supervised practicum hours to meet postgraduate requirements.(B) An associate registered with the Board of Behavioral Sciences.(C) A licensed professional, as defined by the department.(2) A program providing practicum for graduate students exempted from registration or certification in paragraph (1) shall notify department-approved certifying organizations if a graduate student is removed from the practicum as a result of an ethical or professional conduct violation, as determined by either the university or the program.(d) If a counselors registration or certification has been previously revoked or the individual has been removed from a postgraduate practicum for an ethical or professional conduct violation, the certifying organization shall deny the request for registration and shall send the counselor a written notice of denial. The notice shall specify the counselors right to appeal the denial in accordance with applicable statutes and regulations.(e) The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (d), and to take actions for noncompliance, including revocation of the departments approval.(f) (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, 2025, 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. 1.5. Section 11833 of the Health and Safety Code is amended to read:11833. (a) The department shall have the sole authority in state government to determine the qualifications, including the appropriate skills, education, training, and experience of personnel working within alcoholism or drug abuse recovery and treatment programs licensed, certified, or funded under this part.(b) (1) The department shall determine the required core competencies for registered and certified counselors working within an alcoholism or drug abuse recovery and treatment program described in subdivision (a). The department shall consult with affected stakeholders in developing these requirements.(2) Core competencies shall include all of the following elements:(A) Knowledge of the current Diagnostic and Statistical Manual of Mental Disorders.(B) Knowledge of the American Society of Addiction Medicine (ASAM) criteria and continuum of ASAM levels of care, or other similar criteria and standards as approved by the department.(C) Cultural competence, including for people with disabilities, and its implication for treatment.(D) Case management.(E) Utilization of electronic health records systems.(F) Knowledge of medications for addiction treatment.(G) Clinical documentation.(H) Knowledge of cooccurring substance use and mental health conditions.(I) Confidentiality.(J) Knowledge of relevant law and ethics.(K) Understanding and practicing professional boundaries.(L) Delivery of services in the behavioral health delivery system.(3) Core competency requirements described in paragraph (2) shall align with national certification domains and competency exams. The hours completed for the core competency requirements under paragraph (2) shall count toward the education requirements for substance use disorder counselor certification.(4) Hour requirements for registered counselors shall not be lower than the hour requirements approved by the department for certified peer support specialists.(5) Counselors shall have six months from the time of registration to complete the core competency requirements under paragraph (2). A counselor shall provide to the certifying organization that they are registered with proof of completion of the required hours within that timeframe.(6) The department shall not implement the core competency requirements described in paragraph (2) for registered and certified counselors registering or certifying with a state-approved substance use disorder counselor certifying organization before July 1, 2025.(7) Counselors in good standing that registered with a state-approved substance use disorder counselor certifying organization prior to July 1, 2025, are exempt from the requirements detailed in paragraph (4).(8) For the purposes of this subdivision, in good standing means registrants with an active registration status.(9) Counselors in good standing that are registered with a state-approved substance use disorder counselor certifying organization and have a masters degree in psychology, social work, marriage and family therapy, or counseling are exempt from the core competency requirements in paragraph (2).(10) The department shall not specify and implement the hour requirements pursuant to paragraph (4) before July 1, 2025.(c) (1) Except as set forth in subdivision (d), an individual providing counseling services working within a program described in subdivision (a) shall be registered with, or certified by, a certifying organization approved by the department to register and certify counselors.(2) The department shall not approve a certifying organization that does not, prior to registering or certifying an individual, contact other department-approved certifying organizations to determine whether the individual has ever had their registration or certification revoked or has been removed from a postgraduate practicum for an ethical or professional violation.(d) (1) The following individuals are exempt from the requirement in paragraph (1) of subdivision (c) to be registered or certified by a department-approved certifying organization:(A) A graduate student affiliated with university programs in psychology, social work, marriage and family therapy, or counseling, who is completing their supervised practicum hours to meet postgraduate requirements.(B) An associate registered with the Board of Behavioral Sciences.(C) A licensed professional, as defined by the department.(2) A program providing practicum for graduate students exempted from registration or certification in paragraph (1) shall notify department-approved certifying organizations if a graduate student is removed from the practicum as a result of an ethical or professional conduct violation, as determined by either the university or the program.(e) If a counselors registration or certification has been previously revoked or the individual has been removed from a postgraduate practicum for an ethical or professional conduct violation, the certifying organization shall deny the request for registration and shall send the counselor a written notice of denial. The notice shall specify the counselors right to appeal the denial in accordance with applicable statutes and regulations.(f) The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (e), and to take actions for noncompliance, including revocation of the departments approval.(g) (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 the changes made to this section in the 202122 Legislative Session by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions.(2) The department shall adopt regulations to implement the changes made to this section in the 202122 Legislative Session by December 31, 2025, 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. Section 1.5 of this bill incorporates amendments to Section 11833 of the Health and Safety Code proposed by both this bill and Assembly Bill 2473. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 11833 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 2473, in which case Section 1 of this bill shall not become operative. |
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| 1 | + | Enrolled September 02, 2022 Passed IN Senate August 31, 2022 Passed IN Assembly August 31, 2022 Amended IN Senate August 22, 2022 Amended IN Senate August 11, 2022 Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1860Introduced by Assembly Member Ward(Coauthor: Assembly Member Haney)February 08, 2022 An act to amend Section 11833 of the Health and Safety Code, relating to substance abuse treatment.LEGISLATIVE COUNSEL'S DIGESTAB 1860, Ward. Substance abuse treatment: registration and certification.Existing law grants the State Department of Health Care Services the sole authority in state government to determine the qualifications of personnel working within alcoholism or drug abuse recovery and treatment programs licensed, certified, or funded under state law. Existing law requires the department to require that a person providing counseling services within those programs be registered with or certified by a certifying organization approved by the department, except as specified.This bill would exempt graduate students participating in supervised internships affiliated with university programs in psychology, social work, marriage and family therapy, or counseling, who are completing supervised practicum hours to meet postgraduate requirements, and associates registered with the Board of Behavioral Sciences from the registration and certification requirement.This bill would require exempted programs providing practicum for graduate students to report to all department-approved certifying organizations a graduate student who has been removed from practicum as a result of an ethical or professional conduct violation.Existing law prohibits the department from approving a certifying organization that does not, prior to registering or certifying a counselor, contact other department-approved certifying organizations to determine whether an individual has had their registration or certification revoked. Existing law requires certifying organizations to deny an individuals request for registration if the individuals certification has been previously revoked.This bill would prohibit the department from approving a certifying organization that does not, prior to registering or certifying a counselor, contact other department-approved certifying organizations to determine whether an individual has been removed from a postgraduate practicum for an ethical or professional violation. This bill would also require a certifying organization to deny an individuals request for registration if the individual has been removed from a postgraduate practicum for an ethical or professional violation. The bill would require the department to adopt regulations to implement these provisions on or before December 31, 2025.This bill would incorporate additional changes to Section 11833 of the Health and Safety Code proposed by AB 2473 to be operative only if this bill and AB 2473 are enacted and this bill is enacted last.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe 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) The department shall have the sole authority in state government to determine the qualifications, including the appropriate skills, education, training, and experience of personnel working within alcoholism or drug abuse recovery and treatment programs licensed, certified, or funded under this part.(b) (1) Except as set forth in subdivision (c), an individual providing counseling services working within a program described in subdivision (a) shall be registered with, or certified by, a certifying organization approved by the department to register and certify counselors.(2) The department shall not approve a certifying organization that does not, prior to registering or certifying an individual, contact other department-approved certifying organizations to determine whether the individual has ever had their registration or certification revoked or has been removed from a postgraduate practicum for an ethical or professional violation.(c) (1) The following individuals are exempt from the requirement in paragraph (1) of subdivision (b) to be registered or certified by a department-approved certifying organization:(A) A graduate student affiliated with university programs in psychology, social work, marriage and family therapy, or counseling, who is completing their supervised practicum hours to meet postgraduate requirements.(B) An associate registered with the Board of Behavioral Sciences.(C) A licensed professional, as defined by the department.(2) A program providing practicum for graduate students exempted from registration or certification in paragraph (1) shall notify department-approved certifying organizations if a graduate student is removed from the practicum as a result of an ethical or professional conduct violation, as determined by either the university or the program.(d) If a counselors registration or certification has been previously revoked or the individual has been removed from a postgraduate practicum for an ethical or professional conduct violation, the certifying organization shall deny the request for registration and shall send the counselor a written notice of denial. The notice shall specify the counselors right to appeal the denial in accordance with applicable statutes and regulations.(e) The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (d), and to take actions for noncompliance, including revocation of the departments approval.(f) (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, 2025, 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. 1.5. Section 11833 of the Health and Safety Code is amended to read:11833. (a) The department shall have the sole authority in state government to determine the qualifications, including the appropriate skills, education, training, and experience of personnel working within alcoholism or drug abuse recovery and treatment programs licensed, certified, or funded under this part.(b) (1) The department shall determine the required core competencies for registered and certified counselors working within an alcoholism or drug abuse recovery and treatment program described in subdivision (a). The department shall consult with affected stakeholders in developing these requirements.(2) Core competencies shall include all of the following elements:(A) Knowledge of the current Diagnostic and Statistical Manual of Mental Disorders.(B) Knowledge of the American Society of Addiction Medicine (ASAM) criteria and continuum of ASAM levels of care, or other similar criteria and standards as approved by the department.(C) Cultural competence, including for people with disabilities, and its implication for treatment.(D) Case management.(E) Utilization of electronic health records systems.(F) Knowledge of medications for addiction treatment.(G) Clinical documentation.(H) Knowledge of cooccurring substance use and mental health conditions.(I) Confidentiality.(J) Knowledge of relevant law and ethics.(K) Understanding and practicing professional boundaries.(L) Delivery of services in the behavioral health delivery system.(3) Core competency requirements described in paragraph (2) shall align with national certification domains and competency exams. The hours completed for the core competency requirements under paragraph (2) shall count toward the education requirements for substance use disorder counselor certification.(4) Hour requirements for registered counselors shall not be lower than the hour requirements approved by the department for certified peer support specialists.(5) Counselors shall have six months from the time of registration to complete the core competency requirements under paragraph (2). A counselor shall provide to the certifying organization that they are registered with proof of completion of the required hours within that timeframe.(6) The department shall not implement the core competency requirements described in paragraph (2) for registered and certified counselors registering or certifying with a state-approved substance use disorder counselor certifying organization before July 1, 2025.(7) Counselors in good standing that registered with a state-approved substance use disorder counselor certifying organization prior to July 1, 2025, are exempt from the requirements detailed in paragraph (4).(8) For the purposes of this subdivision, in good standing means registrants with an active registration status.(9) Counselors in good standing that are registered with a state-approved substance use disorder counselor certifying organization and have a masters degree in psychology, social work, marriage and family therapy, or counseling are exempt from the core competency requirements in paragraph (2).(10) The department shall not specify and implement the hour requirements pursuant to paragraph (4) before July 1, 2025.(c) (1) Except as set forth in subdivision (d), an individual providing counseling services working within a program described in subdivision (a) shall be registered with, or certified by, a certifying organization approved by the department to register and certify counselors.(2) The department shall not approve a certifying organization that does not, prior to registering or certifying an individual, contact other department-approved certifying organizations to determine whether the individual has ever had their registration or certification revoked or has been removed from a postgraduate practicum for an ethical or professional violation.(d) (1) The following individuals are exempt from the requirement in paragraph (1) of subdivision (c) to be registered or certified by a department-approved certifying organization:(A) A graduate student affiliated with university programs in psychology, social work, marriage and family therapy, or counseling, who is completing their supervised practicum hours to meet postgraduate requirements.(B) An associate registered with the Board of Behavioral Sciences.(C) A licensed professional, as defined by the department.(2) A program providing practicum for graduate students exempted from registration or certification in paragraph (1) shall notify department-approved certifying organizations if a graduate student is removed from the practicum as a result of an ethical or professional conduct violation, as determined by either the university or the program.(e) If a counselors registration or certification has been previously revoked or the individual has been removed from a postgraduate practicum for an ethical or professional conduct violation, the certifying organization shall deny the request for registration and shall send the counselor a written notice of denial. The notice shall specify the counselors right to appeal the denial in accordance with applicable statutes and regulations.(f) The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (e), and to take actions for noncompliance, including revocation of the departments approval.(g) (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 the changes made to this section in the 202122 Legislative Session by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions.(2) The department shall adopt regulations to implement the changes made to this section in the 202122 Legislative Session by December 31, 2025, 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. Section 1.5 of this bill incorporates amendments to Section 11833 of the Health and Safety Code proposed by both this bill and Assembly Bill 2473. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 11833 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 2473, in which case Section 1 of this bill shall not become operative. |
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| 14 | 26 | | |
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| 15 | 27 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 28 | | |
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| 17 | 29 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 30 | | |
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| 19 | 31 | | AB 1860, Ward. Substance abuse treatment: registration and certification. |
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| 20 | 32 | | |
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| 21 | 33 | | Existing law grants the State Department of Health Care Services the sole authority in state government to determine the qualifications of personnel working within alcoholism or drug abuse recovery and treatment programs licensed, certified, or funded under state law. Existing law requires the department to require that a person providing counseling services within those programs be registered with or certified by a certifying organization approved by the department, except as specified.This bill would exempt graduate students participating in supervised internships affiliated with university programs in psychology, social work, marriage and family therapy, or counseling, who are completing supervised practicum hours to meet postgraduate requirements, and associates registered with the Board of Behavioral Sciences from the registration and certification requirement.This bill would require exempted programs providing practicum for graduate students to report to all department-approved certifying organizations a graduate student who has been removed from practicum as a result of an ethical or professional conduct violation.Existing law prohibits the department from approving a certifying organization that does not, prior to registering or certifying a counselor, contact other department-approved certifying organizations to determine whether an individual has had their registration or certification revoked. Existing law requires certifying organizations to deny an individuals request for registration if the individuals certification has been previously revoked.This bill would prohibit the department from approving a certifying organization that does not, prior to registering or certifying a counselor, contact other department-approved certifying organizations to determine whether an individual has been removed from a postgraduate practicum for an ethical or professional violation. This bill would also require a certifying organization to deny an individuals request for registration if the individual has been removed from a postgraduate practicum for an ethical or professional violation. The bill would require the department to adopt regulations to implement these provisions on or before December 31, 2025.This bill would incorporate additional changes to Section 11833 of the Health and Safety Code proposed by AB 2473 to be operative only if this bill and AB 2473 are enacted and this bill is enacted last. |
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| 22 | 34 | | |
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| 23 | 35 | | Existing law grants the State Department of Health Care Services the sole authority in state government to determine the qualifications of personnel working within alcoholism or drug abuse recovery and treatment programs licensed, certified, or funded under state law. Existing law requires the department to require that a person providing counseling services within those programs be registered with or certified by a certifying organization approved by the department, except as specified. |
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| 24 | 36 | | |
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| 25 | 37 | | This bill would exempt graduate students participating in supervised internships affiliated with university programs in psychology, social work, marriage and family therapy, or counseling, who are completing supervised practicum hours to meet postgraduate requirements, and associates registered with the Board of Behavioral Sciences from the registration and certification requirement. |
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| 26 | 38 | | |
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| 27 | 39 | | This bill would require exempted programs providing practicum for graduate students to report to all department-approved certifying organizations a graduate student who has been removed from practicum as a result of an ethical or professional conduct violation. |
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| 28 | 40 | | |
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| 29 | 41 | | Existing law prohibits the department from approving a certifying organization that does not, prior to registering or certifying a counselor, contact other department-approved certifying organizations to determine whether an individual has had their registration or certification revoked. Existing law requires certifying organizations to deny an individuals request for registration if the individuals certification has been previously revoked. |
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| 30 | 42 | | |
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| 31 | 43 | | This bill would prohibit the department from approving a certifying organization that does not, prior to registering or certifying a counselor, contact other department-approved certifying organizations to determine whether an individual has been removed from a postgraduate practicum for an ethical or professional violation. This bill would also require a certifying organization to deny an individuals request for registration if the individual has been removed from a postgraduate practicum for an ethical or professional violation. The bill would require the department to adopt regulations to implement these provisions on or before December 31, 2025. |
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| 32 | 44 | | |
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| 33 | 45 | | This bill would incorporate additional changes to Section 11833 of the Health and Safety Code proposed by AB 2473 to be operative only if this bill and AB 2473 are enacted and this bill is enacted last. |
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| 34 | 46 | | |
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| 35 | 47 | | ## Digest Key |
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| 36 | 48 | | |
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| 37 | 49 | | ## Bill Text |
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| 38 | 50 | | |
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| 39 | 51 | | 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) The department shall have the sole authority in state government to determine the qualifications, including the appropriate skills, education, training, and experience of personnel working within alcoholism or drug abuse recovery and treatment programs licensed, certified, or funded under this part.(b) (1) Except as set forth in subdivision (c), an individual providing counseling services working within a program described in subdivision (a) shall be registered with, or certified by, a certifying organization approved by the department to register and certify counselors.(2) The department shall not approve a certifying organization that does not, prior to registering or certifying an individual, contact other department-approved certifying organizations to determine whether the individual has ever had their registration or certification revoked or has been removed from a postgraduate practicum for an ethical or professional violation.(c) (1) The following individuals are exempt from the requirement in paragraph (1) of subdivision (b) to be registered or certified by a department-approved certifying organization:(A) A graduate student affiliated with university programs in psychology, social work, marriage and family therapy, or counseling, who is completing their supervised practicum hours to meet postgraduate requirements.(B) An associate registered with the Board of Behavioral Sciences.(C) A licensed professional, as defined by the department.(2) A program providing practicum for graduate students exempted from registration or certification in paragraph (1) shall notify department-approved certifying organizations if a graduate student is removed from the practicum as a result of an ethical or professional conduct violation, as determined by either the university or the program.(d) If a counselors registration or certification has been previously revoked or the individual has been removed from a postgraduate practicum for an ethical or professional conduct violation, the certifying organization shall deny the request for registration and shall send the counselor a written notice of denial. The notice shall specify the counselors right to appeal the denial in accordance with applicable statutes and regulations.(e) The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (d), and to take actions for noncompliance, including revocation of the departments approval.(f) (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, 2025, 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. 1.5. Section 11833 of the Health and Safety Code is amended to read:11833. (a) The department shall have the sole authority in state government to determine the qualifications, including the appropriate skills, education, training, and experience of personnel working within alcoholism or drug abuse recovery and treatment programs licensed, certified, or funded under this part.(b) (1) The department shall determine the required core competencies for registered and certified counselors working within an alcoholism or drug abuse recovery and treatment program described in subdivision (a). The department shall consult with affected stakeholders in developing these requirements.(2) Core competencies shall include all of the following elements:(A) Knowledge of the current Diagnostic and Statistical Manual of Mental Disorders.(B) Knowledge of the American Society of Addiction Medicine (ASAM) criteria and continuum of ASAM levels of care, or other similar criteria and standards as approved by the department.(C) Cultural competence, including for people with disabilities, and its implication for treatment.(D) Case management.(E) Utilization of electronic health records systems.(F) Knowledge of medications for addiction treatment.(G) Clinical documentation.(H) Knowledge of cooccurring substance use and mental health conditions.(I) Confidentiality.(J) Knowledge of relevant law and ethics.(K) Understanding and practicing professional boundaries.(L) Delivery of services in the behavioral health delivery system.(3) Core competency requirements described in paragraph (2) shall align with national certification domains and competency exams. The hours completed for the core competency requirements under paragraph (2) shall count toward the education requirements for substance use disorder counselor certification.(4) Hour requirements for registered counselors shall not be lower than the hour requirements approved by the department for certified peer support specialists.(5) Counselors shall have six months from the time of registration to complete the core competency requirements under paragraph (2). A counselor shall provide to the certifying organization that they are registered with proof of completion of the required hours within that timeframe.(6) The department shall not implement the core competency requirements described in paragraph (2) for registered and certified counselors registering or certifying with a state-approved substance use disorder counselor certifying organization before July 1, 2025.(7) Counselors in good standing that registered with a state-approved substance use disorder counselor certifying organization prior to July 1, 2025, are exempt from the requirements detailed in paragraph (4).(8) For the purposes of this subdivision, in good standing means registrants with an active registration status.(9) Counselors in good standing that are registered with a state-approved substance use disorder counselor certifying organization and have a masters degree in psychology, social work, marriage and family therapy, or counseling are exempt from the core competency requirements in paragraph (2).(10) The department shall not specify and implement the hour requirements pursuant to paragraph (4) before July 1, 2025.(c) (1) Except as set forth in subdivision (d), an individual providing counseling services working within a program described in subdivision (a) shall be registered with, or certified by, a certifying organization approved by the department to register and certify counselors.(2) The department shall not approve a certifying organization that does not, prior to registering or certifying an individual, contact other department-approved certifying organizations to determine whether the individual has ever had their registration or certification revoked or has been removed from a postgraduate practicum for an ethical or professional violation.(d) (1) The following individuals are exempt from the requirement in paragraph (1) of subdivision (c) to be registered or certified by a department-approved certifying organization:(A) A graduate student affiliated with university programs in psychology, social work, marriage and family therapy, or counseling, who is completing their supervised practicum hours to meet postgraduate requirements.(B) An associate registered with the Board of Behavioral Sciences.(C) A licensed professional, as defined by the department.(2) A program providing practicum for graduate students exempted from registration or certification in paragraph (1) shall notify department-approved certifying organizations if a graduate student is removed from the practicum as a result of an ethical or professional conduct violation, as determined by either the university or the program.(e) If a counselors registration or certification has been previously revoked or the individual has been removed from a postgraduate practicum for an ethical or professional conduct violation, the certifying organization shall deny the request for registration and shall send the counselor a written notice of denial. The notice shall specify the counselors right to appeal the denial in accordance with applicable statutes and regulations.(f) The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (e), and to take actions for noncompliance, including revocation of the departments approval.(g) (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 the changes made to this section in the 202122 Legislative Session by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions.(2) The department shall adopt regulations to implement the changes made to this section in the 202122 Legislative Session by December 31, 2025, 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. Section 1.5 of this bill incorporates amendments to Section 11833 of the Health and Safety Code proposed by both this bill and Assembly Bill 2473. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 11833 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 2473, in which case Section 1 of this bill shall not become operative. |
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| 40 | 52 | | |
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| 41 | 53 | | The people of the State of California do enact as follows: |
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| 42 | 54 | | |
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| 43 | 55 | | ## The people of the State of California do enact as follows: |
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| 44 | 56 | | |
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| 45 | 57 | | SECTION 1. Section 11833 of the Health and Safety Code is amended to read:11833. (a) The department shall have the sole authority in state government to determine the qualifications, including the appropriate skills, education, training, and experience of personnel working within alcoholism or drug abuse recovery and treatment programs licensed, certified, or funded under this part.(b) (1) Except as set forth in subdivision (c), an individual providing counseling services working within a program described in subdivision (a) shall be registered with, or certified by, a certifying organization approved by the department to register and certify counselors.(2) The department shall not approve a certifying organization that does not, prior to registering or certifying an individual, contact other department-approved certifying organizations to determine whether the individual has ever had their registration or certification revoked or has been removed from a postgraduate practicum for an ethical or professional violation.(c) (1) The following individuals are exempt from the requirement in paragraph (1) of subdivision (b) to be registered or certified by a department-approved certifying organization:(A) A graduate student affiliated with university programs in psychology, social work, marriage and family therapy, or counseling, who is completing their supervised practicum hours to meet postgraduate requirements.(B) An associate registered with the Board of Behavioral Sciences.(C) A licensed professional, as defined by the department.(2) A program providing practicum for graduate students exempted from registration or certification in paragraph (1) shall notify department-approved certifying organizations if a graduate student is removed from the practicum as a result of an ethical or professional conduct violation, as determined by either the university or the program.(d) If a counselors registration or certification has been previously revoked or the individual has been removed from a postgraduate practicum for an ethical or professional conduct violation, the certifying organization shall deny the request for registration and shall send the counselor a written notice of denial. The notice shall specify the counselors right to appeal the denial in accordance with applicable statutes and regulations.(e) The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (d), and to take actions for noncompliance, including revocation of the departments approval.(f) (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, 2025, 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. |
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| 46 | 58 | | |
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| 47 | 59 | | SECTION 1. Section 11833 of the Health and Safety Code is amended to read: |
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| 48 | 60 | | |
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| 49 | 61 | | ### SECTION 1. |
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| 50 | 62 | | |
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| 51 | 63 | | 11833. (a) The department shall have the sole authority in state government to determine the qualifications, including the appropriate skills, education, training, and experience of personnel working within alcoholism or drug abuse recovery and treatment programs licensed, certified, or funded under this part.(b) (1) Except as set forth in subdivision (c), an individual providing counseling services working within a program described in subdivision (a) shall be registered with, or certified by, a certifying organization approved by the department to register and certify counselors.(2) The department shall not approve a certifying organization that does not, prior to registering or certifying an individual, contact other department-approved certifying organizations to determine whether the individual has ever had their registration or certification revoked or has been removed from a postgraduate practicum for an ethical or professional violation.(c) (1) The following individuals are exempt from the requirement in paragraph (1) of subdivision (b) to be registered or certified by a department-approved certifying organization:(A) A graduate student affiliated with university programs in psychology, social work, marriage and family therapy, or counseling, who is completing their supervised practicum hours to meet postgraduate requirements.(B) An associate registered with the Board of Behavioral Sciences.(C) A licensed professional, as defined by the department.(2) A program providing practicum for graduate students exempted from registration or certification in paragraph (1) shall notify department-approved certifying organizations if a graduate student is removed from the practicum as a result of an ethical or professional conduct violation, as determined by either the university or the program.(d) If a counselors registration or certification has been previously revoked or the individual has been removed from a postgraduate practicum for an ethical or professional conduct violation, the certifying organization shall deny the request for registration and shall send the counselor a written notice of denial. The notice shall specify the counselors right to appeal the denial in accordance with applicable statutes and regulations.(e) The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (d), and to take actions for noncompliance, including revocation of the departments approval.(f) (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, 2025, 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. |
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| 52 | 64 | | |
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| 53 | 65 | | 11833. (a) The department shall have the sole authority in state government to determine the qualifications, including the appropriate skills, education, training, and experience of personnel working within alcoholism or drug abuse recovery and treatment programs licensed, certified, or funded under this part.(b) (1) Except as set forth in subdivision (c), an individual providing counseling services working within a program described in subdivision (a) shall be registered with, or certified by, a certifying organization approved by the department to register and certify counselors.(2) The department shall not approve a certifying organization that does not, prior to registering or certifying an individual, contact other department-approved certifying organizations to determine whether the individual has ever had their registration or certification revoked or has been removed from a postgraduate practicum for an ethical or professional violation.(c) (1) The following individuals are exempt from the requirement in paragraph (1) of subdivision (b) to be registered or certified by a department-approved certifying organization:(A) A graduate student affiliated with university programs in psychology, social work, marriage and family therapy, or counseling, who is completing their supervised practicum hours to meet postgraduate requirements.(B) An associate registered with the Board of Behavioral Sciences.(C) A licensed professional, as defined by the department.(2) A program providing practicum for graduate students exempted from registration or certification in paragraph (1) shall notify department-approved certifying organizations if a graduate student is removed from the practicum as a result of an ethical or professional conduct violation, as determined by either the university or the program.(d) If a counselors registration or certification has been previously revoked or the individual has been removed from a postgraduate practicum for an ethical or professional conduct violation, the certifying organization shall deny the request for registration and shall send the counselor a written notice of denial. The notice shall specify the counselors right to appeal the denial in accordance with applicable statutes and regulations.(e) The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (d), and to take actions for noncompliance, including revocation of the departments approval.(f) (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, 2025, 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. |
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| 54 | 66 | | |
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| 55 | 67 | | 11833. (a) The department shall have the sole authority in state government to determine the qualifications, including the appropriate skills, education, training, and experience of personnel working within alcoholism or drug abuse recovery and treatment programs licensed, certified, or funded under this part.(b) (1) Except as set forth in subdivision (c), an individual providing counseling services working within a program described in subdivision (a) shall be registered with, or certified by, a certifying organization approved by the department to register and certify counselors.(2) The department shall not approve a certifying organization that does not, prior to registering or certifying an individual, contact other department-approved certifying organizations to determine whether the individual has ever had their registration or certification revoked or has been removed from a postgraduate practicum for an ethical or professional violation.(c) (1) The following individuals are exempt from the requirement in paragraph (1) of subdivision (b) to be registered or certified by a department-approved certifying organization:(A) A graduate student affiliated with university programs in psychology, social work, marriage and family therapy, or counseling, who is completing their supervised practicum hours to meet postgraduate requirements.(B) An associate registered with the Board of Behavioral Sciences.(C) A licensed professional, as defined by the department.(2) A program providing practicum for graduate students exempted from registration or certification in paragraph (1) shall notify department-approved certifying organizations if a graduate student is removed from the practicum as a result of an ethical or professional conduct violation, as determined by either the university or the program.(d) If a counselors registration or certification has been previously revoked or the individual has been removed from a postgraduate practicum for an ethical or professional conduct violation, the certifying organization shall deny the request for registration and shall send the counselor a written notice of denial. The notice shall specify the counselors right to appeal the denial in accordance with applicable statutes and regulations.(e) The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (d), and to take actions for noncompliance, including revocation of the departments approval.(f) (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, 2025, 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. |
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| 56 | 68 | | |
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| 57 | 69 | | |
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| 58 | 70 | | |
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| 59 | 71 | | 11833. (a) The department shall have the sole authority in state government to determine the qualifications, including the appropriate skills, education, training, and experience of personnel working within alcoholism or drug abuse recovery and treatment programs licensed, certified, or funded under this part. |
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| 60 | 72 | | |
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| 61 | 73 | | (b) (1) Except as set forth in subdivision (c), an individual providing counseling services working within a program described in subdivision (a) shall be registered with, or certified by, a certifying organization approved by the department to register and certify counselors. |
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| 62 | 74 | | |
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| 63 | 75 | | (2) The department shall not approve a certifying organization that does not, prior to registering or certifying an individual, contact other department-approved certifying organizations to determine whether the individual has ever had their registration or certification revoked or has been removed from a postgraduate practicum for an ethical or professional violation. |
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| 64 | 76 | | |
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| 65 | 77 | | (c) (1) The following individuals are exempt from the requirement in paragraph (1) of subdivision (b) to be registered or certified by a department-approved certifying organization: |
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| 66 | 78 | | |
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| 67 | 79 | | (A) A graduate student affiliated with university programs in psychology, social work, marriage and family therapy, or counseling, who is completing their supervised practicum hours to meet postgraduate requirements. |
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| 68 | 80 | | |
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| 69 | 81 | | (B) An associate registered with the Board of Behavioral Sciences. |
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| 70 | 82 | | |
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| 71 | 83 | | (C) A licensed professional, as defined by the department. |
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| 72 | 84 | | |
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| 73 | 85 | | (2) A program providing practicum for graduate students exempted from registration or certification in paragraph (1) shall notify department-approved certifying organizations if a graduate student is removed from the practicum as a result of an ethical or professional conduct violation, as determined by either the university or the program. |
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| 74 | 86 | | |
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| 75 | 87 | | (d) If a counselors registration or certification has been previously revoked or the individual has been removed from a postgraduate practicum for an ethical or professional conduct violation, the certifying organization shall deny the request for registration and shall send the counselor a written notice of denial. The notice shall specify the counselors right to appeal the denial in accordance with applicable statutes and regulations. |
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| 76 | 88 | | |
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| 77 | 89 | | (e) The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (d), and to take actions for noncompliance, including revocation of the departments approval. |
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| 78 | 90 | | |
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| 79 | 91 | | (f) (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. |
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| 80 | 92 | | |
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| 81 | 93 | | (2) The department shall adopt regulations by December 31, 2025, 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. |
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| 82 | 94 | | |
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| 83 | 95 | | SEC. 1.5. Section 11833 of the Health and Safety Code is amended to read:11833. (a) The department shall have the sole authority in state government to determine the qualifications, including the appropriate skills, education, training, and experience of personnel working within alcoholism or drug abuse recovery and treatment programs licensed, certified, or funded under this part.(b) (1) The department shall determine the required core competencies for registered and certified counselors working within an alcoholism or drug abuse recovery and treatment program described in subdivision (a). The department shall consult with affected stakeholders in developing these requirements.(2) Core competencies shall include all of the following elements:(A) Knowledge of the current Diagnostic and Statistical Manual of Mental Disorders.(B) Knowledge of the American Society of Addiction Medicine (ASAM) criteria and continuum of ASAM levels of care, or other similar criteria and standards as approved by the department.(C) Cultural competence, including for people with disabilities, and its implication for treatment.(D) Case management.(E) Utilization of electronic health records systems.(F) Knowledge of medications for addiction treatment.(G) Clinical documentation.(H) Knowledge of cooccurring substance use and mental health conditions.(I) Confidentiality.(J) Knowledge of relevant law and ethics.(K) Understanding and practicing professional boundaries.(L) Delivery of services in the behavioral health delivery system.(3) Core competency requirements described in paragraph (2) shall align with national certification domains and competency exams. The hours completed for the core competency requirements under paragraph (2) shall count toward the education requirements for substance use disorder counselor certification.(4) Hour requirements for registered counselors shall not be lower than the hour requirements approved by the department for certified peer support specialists.(5) Counselors shall have six months from the time of registration to complete the core competency requirements under paragraph (2). A counselor shall provide to the certifying organization that they are registered with proof of completion of the required hours within that timeframe.(6) The department shall not implement the core competency requirements described in paragraph (2) for registered and certified counselors registering or certifying with a state-approved substance use disorder counselor certifying organization before July 1, 2025.(7) Counselors in good standing that registered with a state-approved substance use disorder counselor certifying organization prior to July 1, 2025, are exempt from the requirements detailed in paragraph (4).(8) For the purposes of this subdivision, in good standing means registrants with an active registration status.(9) Counselors in good standing that are registered with a state-approved substance use disorder counselor certifying organization and have a masters degree in psychology, social work, marriage and family therapy, or counseling are exempt from the core competency requirements in paragraph (2).(10) The department shall not specify and implement the hour requirements pursuant to paragraph (4) before July 1, 2025.(c) (1) Except as set forth in subdivision (d), an individual providing counseling services working within a program described in subdivision (a) shall be registered with, or certified by, a certifying organization approved by the department to register and certify counselors.(2) The department shall not approve a certifying organization that does not, prior to registering or certifying an individual, contact other department-approved certifying organizations to determine whether the individual has ever had their registration or certification revoked or has been removed from a postgraduate practicum for an ethical or professional violation.(d) (1) The following individuals are exempt from the requirement in paragraph (1) of subdivision (c) to be registered or certified by a department-approved certifying organization:(A) A graduate student affiliated with university programs in psychology, social work, marriage and family therapy, or counseling, who is completing their supervised practicum hours to meet postgraduate requirements.(B) An associate registered with the Board of Behavioral Sciences.(C) A licensed professional, as defined by the department.(2) A program providing practicum for graduate students exempted from registration or certification in paragraph (1) shall notify department-approved certifying organizations if a graduate student is removed from the practicum as a result of an ethical or professional conduct violation, as determined by either the university or the program.(e) If a counselors registration or certification has been previously revoked or the individual has been removed from a postgraduate practicum for an ethical or professional conduct violation, the certifying organization shall deny the request for registration and shall send the counselor a written notice of denial. The notice shall specify the counselors right to appeal the denial in accordance with applicable statutes and regulations.(f) The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (e), and to take actions for noncompliance, including revocation of the departments approval.(g) (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 the changes made to this section in the 202122 Legislative Session by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions.(2) The department shall adopt regulations to implement the changes made to this section in the 202122 Legislative Session by December 31, 2025, 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. |
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| 84 | 96 | | |
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| 85 | 97 | | SEC. 1.5. Section 11833 of the Health and Safety Code is amended to read: |
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| 86 | 98 | | |
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| 87 | 99 | | ### SEC. 1.5. |
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| 88 | 100 | | |
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| 89 | 101 | | 11833. (a) The department shall have the sole authority in state government to determine the qualifications, including the appropriate skills, education, training, and experience of personnel working within alcoholism or drug abuse recovery and treatment programs licensed, certified, or funded under this part.(b) (1) The department shall determine the required core competencies for registered and certified counselors working within an alcoholism or drug abuse recovery and treatment program described in subdivision (a). The department shall consult with affected stakeholders in developing these requirements.(2) Core competencies shall include all of the following elements:(A) Knowledge of the current Diagnostic and Statistical Manual of Mental Disorders.(B) Knowledge of the American Society of Addiction Medicine (ASAM) criteria and continuum of ASAM levels of care, or other similar criteria and standards as approved by the department.(C) Cultural competence, including for people with disabilities, and its implication for treatment.(D) Case management.(E) Utilization of electronic health records systems.(F) Knowledge of medications for addiction treatment.(G) Clinical documentation.(H) Knowledge of cooccurring substance use and mental health conditions.(I) Confidentiality.(J) Knowledge of relevant law and ethics.(K) Understanding and practicing professional boundaries.(L) Delivery of services in the behavioral health delivery system.(3) Core competency requirements described in paragraph (2) shall align with national certification domains and competency exams. The hours completed for the core competency requirements under paragraph (2) shall count toward the education requirements for substance use disorder counselor certification.(4) Hour requirements for registered counselors shall not be lower than the hour requirements approved by the department for certified peer support specialists.(5) Counselors shall have six months from the time of registration to complete the core competency requirements under paragraph (2). A counselor shall provide to the certifying organization that they are registered with proof of completion of the required hours within that timeframe.(6) The department shall not implement the core competency requirements described in paragraph (2) for registered and certified counselors registering or certifying with a state-approved substance use disorder counselor certifying organization before July 1, 2025.(7) Counselors in good standing that registered with a state-approved substance use disorder counselor certifying organization prior to July 1, 2025, are exempt from the requirements detailed in paragraph (4).(8) For the purposes of this subdivision, in good standing means registrants with an active registration status.(9) Counselors in good standing that are registered with a state-approved substance use disorder counselor certifying organization and have a masters degree in psychology, social work, marriage and family therapy, or counseling are exempt from the core competency requirements in paragraph (2).(10) The department shall not specify and implement the hour requirements pursuant to paragraph (4) before July 1, 2025.(c) (1) Except as set forth in subdivision (d), an individual providing counseling services working within a program described in subdivision (a) shall be registered with, or certified by, a certifying organization approved by the department to register and certify counselors.(2) The department shall not approve a certifying organization that does not, prior to registering or certifying an individual, contact other department-approved certifying organizations to determine whether the individual has ever had their registration or certification revoked or has been removed from a postgraduate practicum for an ethical or professional violation.(d) (1) The following individuals are exempt from the requirement in paragraph (1) of subdivision (c) to be registered or certified by a department-approved certifying organization:(A) A graduate student affiliated with university programs in psychology, social work, marriage and family therapy, or counseling, who is completing their supervised practicum hours to meet postgraduate requirements.(B) An associate registered with the Board of Behavioral Sciences.(C) A licensed professional, as defined by the department.(2) A program providing practicum for graduate students exempted from registration or certification in paragraph (1) shall notify department-approved certifying organizations if a graduate student is removed from the practicum as a result of an ethical or professional conduct violation, as determined by either the university or the program.(e) If a counselors registration or certification has been previously revoked or the individual has been removed from a postgraduate practicum for an ethical or professional conduct violation, the certifying organization shall deny the request for registration and shall send the counselor a written notice of denial. The notice shall specify the counselors right to appeal the denial in accordance with applicable statutes and regulations.(f) The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (e), and to take actions for noncompliance, including revocation of the departments approval.(g) (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 the changes made to this section in the 202122 Legislative Session by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions.(2) The department shall adopt regulations to implement the changes made to this section in the 202122 Legislative Session by December 31, 2025, 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. |
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| 90 | 102 | | |
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| 91 | 103 | | 11833. (a) The department shall have the sole authority in state government to determine the qualifications, including the appropriate skills, education, training, and experience of personnel working within alcoholism or drug abuse recovery and treatment programs licensed, certified, or funded under this part.(b) (1) The department shall determine the required core competencies for registered and certified counselors working within an alcoholism or drug abuse recovery and treatment program described in subdivision (a). The department shall consult with affected stakeholders in developing these requirements.(2) Core competencies shall include all of the following elements:(A) Knowledge of the current Diagnostic and Statistical Manual of Mental Disorders.(B) Knowledge of the American Society of Addiction Medicine (ASAM) criteria and continuum of ASAM levels of care, or other similar criteria and standards as approved by the department.(C) Cultural competence, including for people with disabilities, and its implication for treatment.(D) Case management.(E) Utilization of electronic health records systems.(F) Knowledge of medications for addiction treatment.(G) Clinical documentation.(H) Knowledge of cooccurring substance use and mental health conditions.(I) Confidentiality.(J) Knowledge of relevant law and ethics.(K) Understanding and practicing professional boundaries.(L) Delivery of services in the behavioral health delivery system.(3) Core competency requirements described in paragraph (2) shall align with national certification domains and competency exams. The hours completed for the core competency requirements under paragraph (2) shall count toward the education requirements for substance use disorder counselor certification.(4) Hour requirements for registered counselors shall not be lower than the hour requirements approved by the department for certified peer support specialists.(5) Counselors shall have six months from the time of registration to complete the core competency requirements under paragraph (2). A counselor shall provide to the certifying organization that they are registered with proof of completion of the required hours within that timeframe.(6) The department shall not implement the core competency requirements described in paragraph (2) for registered and certified counselors registering or certifying with a state-approved substance use disorder counselor certifying organization before July 1, 2025.(7) Counselors in good standing that registered with a state-approved substance use disorder counselor certifying organization prior to July 1, 2025, are exempt from the requirements detailed in paragraph (4).(8) For the purposes of this subdivision, in good standing means registrants with an active registration status.(9) Counselors in good standing that are registered with a state-approved substance use disorder counselor certifying organization and have a masters degree in psychology, social work, marriage and family therapy, or counseling are exempt from the core competency requirements in paragraph (2).(10) The department shall not specify and implement the hour requirements pursuant to paragraph (4) before July 1, 2025.(c) (1) Except as set forth in subdivision (d), an individual providing counseling services working within a program described in subdivision (a) shall be registered with, or certified by, a certifying organization approved by the department to register and certify counselors.(2) The department shall not approve a certifying organization that does not, prior to registering or certifying an individual, contact other department-approved certifying organizations to determine whether the individual has ever had their registration or certification revoked or has been removed from a postgraduate practicum for an ethical or professional violation.(d) (1) The following individuals are exempt from the requirement in paragraph (1) of subdivision (c) to be registered or certified by a department-approved certifying organization:(A) A graduate student affiliated with university programs in psychology, social work, marriage and family therapy, or counseling, who is completing their supervised practicum hours to meet postgraduate requirements.(B) An associate registered with the Board of Behavioral Sciences.(C) A licensed professional, as defined by the department.(2) A program providing practicum for graduate students exempted from registration or certification in paragraph (1) shall notify department-approved certifying organizations if a graduate student is removed from the practicum as a result of an ethical or professional conduct violation, as determined by either the university or the program.(e) If a counselors registration or certification has been previously revoked or the individual has been removed from a postgraduate practicum for an ethical or professional conduct violation, the certifying organization shall deny the request for registration and shall send the counselor a written notice of denial. The notice shall specify the counselors right to appeal the denial in accordance with applicable statutes and regulations.(f) The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (e), and to take actions for noncompliance, including revocation of the departments approval.(g) (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 the changes made to this section in the 202122 Legislative Session by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions.(2) The department shall adopt regulations to implement the changes made to this section in the 202122 Legislative Session by December 31, 2025, 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. |
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| 92 | 104 | | |
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| 93 | 105 | | 11833. (a) The department shall have the sole authority in state government to determine the qualifications, including the appropriate skills, education, training, and experience of personnel working within alcoholism or drug abuse recovery and treatment programs licensed, certified, or funded under this part.(b) (1) The department shall determine the required core competencies for registered and certified counselors working within an alcoholism or drug abuse recovery and treatment program described in subdivision (a). The department shall consult with affected stakeholders in developing these requirements.(2) Core competencies shall include all of the following elements:(A) Knowledge of the current Diagnostic and Statistical Manual of Mental Disorders.(B) Knowledge of the American Society of Addiction Medicine (ASAM) criteria and continuum of ASAM levels of care, or other similar criteria and standards as approved by the department.(C) Cultural competence, including for people with disabilities, and its implication for treatment.(D) Case management.(E) Utilization of electronic health records systems.(F) Knowledge of medications for addiction treatment.(G) Clinical documentation.(H) Knowledge of cooccurring substance use and mental health conditions.(I) Confidentiality.(J) Knowledge of relevant law and ethics.(K) Understanding and practicing professional boundaries.(L) Delivery of services in the behavioral health delivery system.(3) Core competency requirements described in paragraph (2) shall align with national certification domains and competency exams. The hours completed for the core competency requirements under paragraph (2) shall count toward the education requirements for substance use disorder counselor certification.(4) Hour requirements for registered counselors shall not be lower than the hour requirements approved by the department for certified peer support specialists.(5) Counselors shall have six months from the time of registration to complete the core competency requirements under paragraph (2). A counselor shall provide to the certifying organization that they are registered with proof of completion of the required hours within that timeframe.(6) The department shall not implement the core competency requirements described in paragraph (2) for registered and certified counselors registering or certifying with a state-approved substance use disorder counselor certifying organization before July 1, 2025.(7) Counselors in good standing that registered with a state-approved substance use disorder counselor certifying organization prior to July 1, 2025, are exempt from the requirements detailed in paragraph (4).(8) For the purposes of this subdivision, in good standing means registrants with an active registration status.(9) Counselors in good standing that are registered with a state-approved substance use disorder counselor certifying organization and have a masters degree in psychology, social work, marriage and family therapy, or counseling are exempt from the core competency requirements in paragraph (2).(10) The department shall not specify and implement the hour requirements pursuant to paragraph (4) before July 1, 2025.(c) (1) Except as set forth in subdivision (d), an individual providing counseling services working within a program described in subdivision (a) shall be registered with, or certified by, a certifying organization approved by the department to register and certify counselors.(2) The department shall not approve a certifying organization that does not, prior to registering or certifying an individual, contact other department-approved certifying organizations to determine whether the individual has ever had their registration or certification revoked or has been removed from a postgraduate practicum for an ethical or professional violation.(d) (1) The following individuals are exempt from the requirement in paragraph (1) of subdivision (c) to be registered or certified by a department-approved certifying organization:(A) A graduate student affiliated with university programs in psychology, social work, marriage and family therapy, or counseling, who is completing their supervised practicum hours to meet postgraduate requirements.(B) An associate registered with the Board of Behavioral Sciences.(C) A licensed professional, as defined by the department.(2) A program providing practicum for graduate students exempted from registration or certification in paragraph (1) shall notify department-approved certifying organizations if a graduate student is removed from the practicum as a result of an ethical or professional conduct violation, as determined by either the university or the program.(e) If a counselors registration or certification has been previously revoked or the individual has been removed from a postgraduate practicum for an ethical or professional conduct violation, the certifying organization shall deny the request for registration and shall send the counselor a written notice of denial. The notice shall specify the counselors right to appeal the denial in accordance with applicable statutes and regulations.(f) The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (e), and to take actions for noncompliance, including revocation of the departments approval.(g) (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 the changes made to this section in the 202122 Legislative Session by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions.(2) The department shall adopt regulations to implement the changes made to this section in the 202122 Legislative Session by December 31, 2025, 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. |
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| 94 | 106 | | |
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| 95 | 107 | | |
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| 96 | 108 | | |
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| 97 | 109 | | 11833. (a) The department shall have the sole authority in state government to determine the qualifications, including the appropriate skills, education, training, and experience of personnel working within alcoholism or drug abuse recovery and treatment programs licensed, certified, or funded under this part. |
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| 98 | 110 | | |
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| 99 | 111 | | (b) (1) The department shall determine the required core competencies for registered and certified counselors working within an alcoholism or drug abuse recovery and treatment program described in subdivision (a). The department shall consult with affected stakeholders in developing these requirements. |
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| 100 | 112 | | |
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| 101 | 113 | | (2) Core competencies shall include all of the following elements: |
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| 102 | 114 | | |
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| 103 | 115 | | (A) Knowledge of the current Diagnostic and Statistical Manual of Mental Disorders. |
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| 104 | 116 | | |
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| 105 | 117 | | (B) Knowledge of the American Society of Addiction Medicine (ASAM) criteria and continuum of ASAM levels of care, or other similar criteria and standards as approved by the department. |
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| 106 | 118 | | |
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| 107 | 119 | | (C) Cultural competence, including for people with disabilities, and its implication for treatment. |
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| 108 | 120 | | |
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| 109 | 121 | | (D) Case management. |
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| 110 | 122 | | |
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| 111 | 123 | | (E) Utilization of electronic health records systems. |
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| 112 | 124 | | |
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| 113 | 125 | | (F) Knowledge of medications for addiction treatment. |
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| 114 | 126 | | |
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| 115 | 127 | | (G) Clinical documentation. |
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| 116 | 128 | | |
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| 117 | 129 | | (H) Knowledge of cooccurring substance use and mental health conditions. |
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| 118 | 130 | | |
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| 119 | 131 | | (I) Confidentiality. |
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| 120 | 132 | | |
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| 121 | 133 | | (J) Knowledge of relevant law and ethics. |
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| 122 | 134 | | |
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| 123 | 135 | | (K) Understanding and practicing professional boundaries. |
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| 124 | 136 | | |
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| 125 | 137 | | (L) Delivery of services in the behavioral health delivery system. |
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| 126 | 138 | | |
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| 127 | 139 | | (3) Core competency requirements described in paragraph (2) shall align with national certification domains and competency exams. The hours completed for the core competency requirements under paragraph (2) shall count toward the education requirements for substance use disorder counselor certification. |
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| 128 | 140 | | |
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| 129 | 141 | | (4) Hour requirements for registered counselors shall not be lower than the hour requirements approved by the department for certified peer support specialists. |
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| 130 | 142 | | |
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| 131 | 143 | | (5) Counselors shall have six months from the time of registration to complete the core competency requirements under paragraph (2). A counselor shall provide to the certifying organization that they are registered with proof of completion of the required hours within that timeframe. |
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| 132 | 144 | | |
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| 133 | 145 | | (6) The department shall not implement the core competency requirements described in paragraph (2) for registered and certified counselors registering or certifying with a state-approved substance use disorder counselor certifying organization before July 1, 2025. |
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| 134 | 146 | | |
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| 135 | 147 | | (7) Counselors in good standing that registered with a state-approved substance use disorder counselor certifying organization prior to July 1, 2025, are exempt from the requirements detailed in paragraph (4). |
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| 136 | 148 | | |
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| 137 | 149 | | (8) For the purposes of this subdivision, in good standing means registrants with an active registration status. |
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| 138 | 150 | | |
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| 139 | 151 | | (9) Counselors in good standing that are registered with a state-approved substance use disorder counselor certifying organization and have a masters degree in psychology, social work, marriage and family therapy, or counseling are exempt from the core competency requirements in paragraph (2). |
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| 140 | 152 | | |
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| 141 | 153 | | (10) The department shall not specify and implement the hour requirements pursuant to paragraph (4) before July 1, 2025. |
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| 142 | 154 | | |
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| 143 | 155 | | (c) (1) Except as set forth in subdivision (d), an individual providing counseling services working within a program described in subdivision (a) shall be registered with, or certified by, a certifying organization approved by the department to register and certify counselors. |
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| 144 | 156 | | |
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| 145 | 157 | | (2) The department shall not approve a certifying organization that does not, prior to registering or certifying an individual, contact other department-approved certifying organizations to determine whether the individual has ever had their registration or certification revoked or has been removed from a postgraduate practicum for an ethical or professional violation. |
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| 146 | 158 | | |
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| 147 | 159 | | (d) (1) The following individuals are exempt from the requirement in paragraph (1) of subdivision (c) to be registered or certified by a department-approved certifying organization: |
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| 148 | 160 | | |
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| 149 | 161 | | (A) A graduate student affiliated with university programs in psychology, social work, marriage and family therapy, or counseling, who is completing their supervised practicum hours to meet postgraduate requirements. |
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| 150 | 162 | | |
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| 151 | 163 | | (B) An associate registered with the Board of Behavioral Sciences. |
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| 152 | 164 | | |
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| 153 | 165 | | (C) A licensed professional, as defined by the department. |
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| 154 | 166 | | |
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| 155 | 167 | | (2) A program providing practicum for graduate students exempted from registration or certification in paragraph (1) shall notify department-approved certifying organizations if a graduate student is removed from the practicum as a result of an ethical or professional conduct violation, as determined by either the university or the program. |
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| 156 | 168 | | |
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| 157 | 169 | | (e) If a counselors registration or certification has been previously revoked or the individual has been removed from a postgraduate practicum for an ethical or professional conduct violation, the certifying organization shall deny the request for registration and shall send the counselor a written notice of denial. The notice shall specify the counselors right to appeal the denial in accordance with applicable statutes and regulations. |
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| 158 | 170 | | |
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| 159 | 171 | | (f) The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (e), and to take actions for noncompliance, including revocation of the departments approval. |
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| 160 | 172 | | |
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| 161 | 173 | | (g) (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 the changes made to this section in the 202122 Legislative Session by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions. |
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| 162 | 174 | | |
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| 163 | 175 | | (2) The department shall adopt regulations to implement the changes made to this section in the 202122 Legislative Session by December 31, 2025, 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. |
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| 164 | 176 | | |
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| 165 | 177 | | SEC. 2. Section 1.5 of this bill incorporates amendments to Section 11833 of the Health and Safety Code proposed by both this bill and Assembly Bill 2473. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 11833 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 2473, in which case Section 1 of this bill shall not become operative. |
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| 166 | 178 | | |
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| 167 | 179 | | SEC. 2. Section 1.5 of this bill incorporates amendments to Section 11833 of the Health and Safety Code proposed by both this bill and Assembly Bill 2473. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 11833 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 2473, in which case Section 1 of this bill shall not become operative. |
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| 168 | 180 | | |
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| 169 | 181 | | SEC. 2. Section 1.5 of this bill incorporates amendments to Section 11833 of the Health and Safety Code proposed by both this bill and Assembly Bill 2473. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 11833 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 2473, in which case Section 1 of this bill shall not become operative. |
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| 170 | 182 | | |
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| 171 | 183 | | ### SEC. 2. |
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