Amended IN Assembly March 30, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2473Introduced by Assembly Member NazarianFebruary 17, 2022 An act to amend Section 11833 of the Health and Safety Code, relating to substance use disorder. LEGISLATIVE COUNSEL'S DIGESTAB 2473, as amended, Nazarian. Substance use disorder: counselors.Existing law provides for the licensure and regulation of adult alcoholism or drug abuse recovery or treatment facilities by the State Department of Health Care Services and authorizes the department to enforce those provisions. Existing law also requires the department to require that an individual providing counseling services within a program be certified by a certifying organization approved by the department.This bill would require the department to specify minimum requirements and core competencies for registered and certified substance use counselors, as specified. The bill would require registered and certified substance use counselor curriculums curricula to include, at a minimum, specified elements, including understanding the Diagnostic and Statistical Manual of Mental Disorders and clinical documentation. The bill would prohibit minimum hour requirements for registered counselors from being lower than the minimum hour requirements for certified peer support specialists or other nonclinical behavioral health staffing categories. The bill would require the department to implement these provisions no later than July 1, 2025. The bill would exempt counselors in good standing from several requirements, as specified, if certain criteria are met.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) The department shall specify minimum requirements and core competencies for registered and certified substance use counselors. These minimum requirements shall include skills and competencies needed to successfully operate within coordinated behavioral health systems, including the Drug Medi-Cal Organized Delivery System (DMC-ODS). The department shall consult with the County Behavioral Health Directors Association and Association, county DMC-ODS, Drug Medi-Cal, and behavioral health systems, substance use disorder provider associations, and substance use disorder counselor certifying bodies in developing the minimum requirements and core competencies.(2) Both registered and certified substance use counselor curriculums curricula shall include, at a minimum, all of the following elements:(A) Understanding the current Diagnostic and Statistical Manual of Mental Disorders.(B) Understanding the American Society of Addiction Medicine (ASAM) criteria and continuum of ASAM levels of care. care, or other similar criteria and standards as approved by the department.(C) Cultural competence and humility, including for people with disabilities, and its implication for treatment.(D) Case management.(E) Utilizing Utilization of electronic health records systems.(F) Medications for addiction treatment.(G) Clinical documentation.(H) Cooccurring physical substance use and mental health conditions.(I) Confidentiality.(J)Professional and ethical responsibilities.(J) Law and ethics.(K) Professional boundaries.(3) Minimum hour requirements for registered counselors shall not be lower than the minimum hour requirements approved by the department for certified peer support specialists or other nonclinical behavioral health staffing categories.(4) The department shall implement and require the curricula described in paragraph (1) for registered and certified counselors registering or certifying with a state-approved substance use counselor certifying body, no later than July 1, 2025.(5) Counselors in good standing that registered with a state-approved substance use counselor certifying body prior to July 1, 2025, are exempt from the requirements detailed in paragraph (3).(6) For the purposes of this subdivision, in good standing means registrants with an active registration status and without a history of revocation.(7) The department shall specify and implement the minimum hour requirements pursuant to paragraph (3) no later than July 1, 2025.(c) (1) Except for licensed professionals, as defined by the department, the department shall require that an individual providing counseling services working within a program described in subdivision (a) be registered with or certified by a certifying organization approved by the 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.(d) If a counselors registration or certification has been previously revoked, the certifying organization shall deny the request for registration and shall send the counselor a written notice of denial. The notice shall specify the 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, 2017, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
Amended IN Assembly March 30, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2473Introduced by Assembly Member NazarianFebruary 17, 2022 An act to amend Section 11833 of the Health and Safety Code, relating to substance use disorder. LEGISLATIVE COUNSEL'S DIGESTAB 2473, as amended, Nazarian. Substance use disorder: counselors.Existing law provides for the licensure and regulation of adult alcoholism or drug abuse recovery or treatment facilities by the State Department of Health Care Services and authorizes the department to enforce those provisions. Existing law also requires the department to require that an individual providing counseling services within a program be certified by a certifying organization approved by the department.This bill would require the department to specify minimum requirements and core competencies for registered and certified substance use counselors, as specified. The bill would require registered and certified substance use counselor curriculums curricula to include, at a minimum, specified elements, including understanding the Diagnostic and Statistical Manual of Mental Disorders and clinical documentation. The bill would prohibit minimum hour requirements for registered counselors from being lower than the minimum hour requirements for certified peer support specialists or other nonclinical behavioral health staffing categories. The bill would require the department to implement these provisions no later than July 1, 2025. The bill would exempt counselors in good standing from several requirements, as specified, if certain criteria are met.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly March 30, 2022
Amended IN Assembly March 30, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2473
Introduced by Assembly Member NazarianFebruary 17, 2022
Introduced by Assembly Member Nazarian
February 17, 2022
An act to amend Section 11833 of the Health and Safety Code, relating to substance use disorder.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2473, as amended, Nazarian. Substance use disorder: counselors.
Existing law provides for the licensure and regulation of adult alcoholism or drug abuse recovery or treatment facilities by the State Department of Health Care Services and authorizes the department to enforce those provisions. Existing law also requires the department to require that an individual providing counseling services within a program be certified by a certifying organization approved by the department.This bill would require the department to specify minimum requirements and core competencies for registered and certified substance use counselors, as specified. The bill would require registered and certified substance use counselor curriculums curricula to include, at a minimum, specified elements, including understanding the Diagnostic and Statistical Manual of Mental Disorders and clinical documentation. The bill would prohibit minimum hour requirements for registered counselors from being lower than the minimum hour requirements for certified peer support specialists or other nonclinical behavioral health staffing categories. The bill would require the department to implement these provisions no later than July 1, 2025. The bill would exempt counselors in good standing from several requirements, as specified, if certain criteria are met.
Existing law provides for the licensure and regulation of adult alcoholism or drug abuse recovery or treatment facilities by the State Department of Health Care Services and authorizes the department to enforce those provisions. Existing law also requires the department to require that an individual providing counseling services within a program be certified by a certifying organization approved by the department.
This bill would require the department to specify minimum requirements and core competencies for registered and certified substance use counselors, as specified. The bill would require registered and certified substance use counselor curriculums curricula to include, at a minimum, specified elements, including understanding the Diagnostic and Statistical Manual of Mental Disorders and clinical documentation. The bill would prohibit minimum hour requirements for registered counselors from being lower than the minimum hour requirements for certified peer support specialists or other nonclinical behavioral health staffing categories. The bill would require the department to implement these provisions no later than July 1, 2025. The bill would exempt counselors in good standing from several requirements, as specified, if certain criteria are met.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 11833 of the Health and Safety Code is amended to read:11833. (a) 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 specify minimum requirements and core competencies for registered and certified substance use counselors. These minimum requirements shall include skills and competencies needed to successfully operate within coordinated behavioral health systems, including the Drug Medi-Cal Organized Delivery System (DMC-ODS). The department shall consult with the County Behavioral Health Directors Association and Association, county DMC-ODS, Drug Medi-Cal, and behavioral health systems, substance use disorder provider associations, and substance use disorder counselor certifying bodies in developing the minimum requirements and core competencies.(2) Both registered and certified substance use counselor curriculums curricula shall include, at a minimum, all of the following elements:(A) Understanding the current Diagnostic and Statistical Manual of Mental Disorders.(B) Understanding the American Society of Addiction Medicine (ASAM) criteria and continuum of ASAM levels of care. care, or other similar criteria and standards as approved by the department.(C) Cultural competence and humility, including for people with disabilities, and its implication for treatment.(D) Case management.(E) Utilizing Utilization of electronic health records systems.(F) Medications for addiction treatment.(G) Clinical documentation.(H) Cooccurring physical substance use and mental health conditions.(I) Confidentiality.(J)Professional and ethical responsibilities.(J) Law and ethics.(K) Professional boundaries.(3) Minimum hour requirements for registered counselors shall not be lower than the minimum hour requirements approved by the department for certified peer support specialists or other nonclinical behavioral health staffing categories.(4) The department shall implement and require the curricula described in paragraph (1) for registered and certified counselors registering or certifying with a state-approved substance use counselor certifying body, no later than July 1, 2025.(5) Counselors in good standing that registered with a state-approved substance use counselor certifying body prior to July 1, 2025, are exempt from the requirements detailed in paragraph (3).(6) For the purposes of this subdivision, in good standing means registrants with an active registration status and without a history of revocation.(7) The department shall specify and implement the minimum hour requirements pursuant to paragraph (3) no later than July 1, 2025.(c) (1) Except for licensed professionals, as defined by the department, the department shall require that an individual providing counseling services working within a program described in subdivision (a) be registered with or certified by a certifying organization approved by the 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.(d) If a counselors registration or certification has been previously revoked, the certifying organization shall deny the request for registration and shall send the counselor a written notice of denial. The notice shall specify the 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, 2017, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
The people of the State of California do enact as follows:
## 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) The department shall specify minimum requirements and core competencies for registered and certified substance use counselors. These minimum requirements shall include skills and competencies needed to successfully operate within coordinated behavioral health systems, including the Drug Medi-Cal Organized Delivery System (DMC-ODS). The department shall consult with the County Behavioral Health Directors Association and Association, county DMC-ODS, Drug Medi-Cal, and behavioral health systems, substance use disorder provider associations, and substance use disorder counselor certifying bodies in developing the minimum requirements and core competencies.(2) Both registered and certified substance use counselor curriculums curricula shall include, at a minimum, all of the following elements:(A) Understanding the current Diagnostic and Statistical Manual of Mental Disorders.(B) Understanding the American Society of Addiction Medicine (ASAM) criteria and continuum of ASAM levels of care. care, or other similar criteria and standards as approved by the department.(C) Cultural competence and humility, including for people with disabilities, and its implication for treatment.(D) Case management.(E) Utilizing Utilization of electronic health records systems.(F) Medications for addiction treatment.(G) Clinical documentation.(H) Cooccurring physical substance use and mental health conditions.(I) Confidentiality.(J)Professional and ethical responsibilities.(J) Law and ethics.(K) Professional boundaries.(3) Minimum hour requirements for registered counselors shall not be lower than the minimum hour requirements approved by the department for certified peer support specialists or other nonclinical behavioral health staffing categories.(4) The department shall implement and require the curricula described in paragraph (1) for registered and certified counselors registering or certifying with a state-approved substance use counselor certifying body, no later than July 1, 2025.(5) Counselors in good standing that registered with a state-approved substance use counselor certifying body prior to July 1, 2025, are exempt from the requirements detailed in paragraph (3).(6) For the purposes of this subdivision, in good standing means registrants with an active registration status and without a history of revocation.(7) The department shall specify and implement the minimum hour requirements pursuant to paragraph (3) no later than July 1, 2025.(c) (1) Except for licensed professionals, as defined by the department, the department shall require that an individual providing counseling services working within a program described in subdivision (a) be registered with or certified by a certifying organization approved by the 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.(d) If a counselors registration or certification has been previously revoked, the certifying organization shall deny the request for registration and shall send the counselor a written notice of denial. The notice shall specify the 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, 2017, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
SECTION 1. Section 11833 of the Health and Safety Code is amended to read:
### SECTION 1.
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 specify minimum requirements and core competencies for registered and certified substance use counselors. These minimum requirements shall include skills and competencies needed to successfully operate within coordinated behavioral health systems, including the Drug Medi-Cal Organized Delivery System (DMC-ODS). The department shall consult with the County Behavioral Health Directors Association and Association, county DMC-ODS, Drug Medi-Cal, and behavioral health systems, substance use disorder provider associations, and substance use disorder counselor certifying bodies in developing the minimum requirements and core competencies.(2) Both registered and certified substance use counselor curriculums curricula shall include, at a minimum, all of the following elements:(A) Understanding the current Diagnostic and Statistical Manual of Mental Disorders.(B) Understanding the American Society of Addiction Medicine (ASAM) criteria and continuum of ASAM levels of care. care, or other similar criteria and standards as approved by the department.(C) Cultural competence and humility, including for people with disabilities, and its implication for treatment.(D) Case management.(E) Utilizing Utilization of electronic health records systems.(F) Medications for addiction treatment.(G) Clinical documentation.(H) Cooccurring physical substance use and mental health conditions.(I) Confidentiality.(J)Professional and ethical responsibilities.(J) Law and ethics.(K) Professional boundaries.(3) Minimum hour requirements for registered counselors shall not be lower than the minimum hour requirements approved by the department for certified peer support specialists or other nonclinical behavioral health staffing categories.(4) The department shall implement and require the curricula described in paragraph (1) for registered and certified counselors registering or certifying with a state-approved substance use counselor certifying body, no later than July 1, 2025.(5) Counselors in good standing that registered with a state-approved substance use counselor certifying body prior to July 1, 2025, are exempt from the requirements detailed in paragraph (3).(6) For the purposes of this subdivision, in good standing means registrants with an active registration status and without a history of revocation.(7) The department shall specify and implement the minimum hour requirements pursuant to paragraph (3) no later than July 1, 2025.(c) (1) Except for licensed professionals, as defined by the department, the department shall require that an individual providing counseling services working within a program described in subdivision (a) be registered with or certified by a certifying organization approved by the 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.(d) If a counselors registration or certification has been previously revoked, the certifying organization shall deny the request for registration and shall send the counselor a written notice of denial. The notice shall specify the 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, 2017, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
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 specify minimum requirements and core competencies for registered and certified substance use counselors. These minimum requirements shall include skills and competencies needed to successfully operate within coordinated behavioral health systems, including the Drug Medi-Cal Organized Delivery System (DMC-ODS). The department shall consult with the County Behavioral Health Directors Association and Association, county DMC-ODS, Drug Medi-Cal, and behavioral health systems, substance use disorder provider associations, and substance use disorder counselor certifying bodies in developing the minimum requirements and core competencies.(2) Both registered and certified substance use counselor curriculums curricula shall include, at a minimum, all of the following elements:(A) Understanding the current Diagnostic and Statistical Manual of Mental Disorders.(B) Understanding the American Society of Addiction Medicine (ASAM) criteria and continuum of ASAM levels of care. care, or other similar criteria and standards as approved by the department.(C) Cultural competence and humility, including for people with disabilities, and its implication for treatment.(D) Case management.(E) Utilizing Utilization of electronic health records systems.(F) Medications for addiction treatment.(G) Clinical documentation.(H) Cooccurring physical substance use and mental health conditions.(I) Confidentiality.(J)Professional and ethical responsibilities.(J) Law and ethics.(K) Professional boundaries.(3) Minimum hour requirements for registered counselors shall not be lower than the minimum hour requirements approved by the department for certified peer support specialists or other nonclinical behavioral health staffing categories.(4) The department shall implement and require the curricula described in paragraph (1) for registered and certified counselors registering or certifying with a state-approved substance use counselor certifying body, no later than July 1, 2025.(5) Counselors in good standing that registered with a state-approved substance use counselor certifying body prior to July 1, 2025, are exempt from the requirements detailed in paragraph (3).(6) For the purposes of this subdivision, in good standing means registrants with an active registration status and without a history of revocation.(7) The department shall specify and implement the minimum hour requirements pursuant to paragraph (3) no later than July 1, 2025.(c) (1) Except for licensed professionals, as defined by the department, the department shall require that an individual providing counseling services working within a program described in subdivision (a) be registered with or certified by a certifying organization approved by the 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.(d) If a counselors registration or certification has been previously revoked, the certifying organization shall deny the request for registration and shall send the counselor a written notice of denial. The notice shall specify the 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, 2017, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
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 specify minimum requirements and core competencies for registered and certified substance use counselors. These minimum requirements shall include skills and competencies needed to successfully operate within coordinated behavioral health systems, including the Drug Medi-Cal Organized Delivery System (DMC-ODS). The department shall consult with the County Behavioral Health Directors Association and Association, county DMC-ODS, Drug Medi-Cal, and behavioral health systems, substance use disorder provider associations, and substance use disorder counselor certifying bodies in developing the minimum requirements and core competencies.(2) Both registered and certified substance use counselor curriculums curricula shall include, at a minimum, all of the following elements:(A) Understanding the current Diagnostic and Statistical Manual of Mental Disorders.(B) Understanding the American Society of Addiction Medicine (ASAM) criteria and continuum of ASAM levels of care. care, or other similar criteria and standards as approved by the department.(C) Cultural competence and humility, including for people with disabilities, and its implication for treatment.(D) Case management.(E) Utilizing Utilization of electronic health records systems.(F) Medications for addiction treatment.(G) Clinical documentation.(H) Cooccurring physical substance use and mental health conditions.(I) Confidentiality.(J)Professional and ethical responsibilities.(J) Law and ethics.(K) Professional boundaries.(3) Minimum hour requirements for registered counselors shall not be lower than the minimum hour requirements approved by the department for certified peer support specialists or other nonclinical behavioral health staffing categories.(4) The department shall implement and require the curricula described in paragraph (1) for registered and certified counselors registering or certifying with a state-approved substance use counselor certifying body, no later than July 1, 2025.(5) Counselors in good standing that registered with a state-approved substance use counselor certifying body prior to July 1, 2025, are exempt from the requirements detailed in paragraph (3).(6) For the purposes of this subdivision, in good standing means registrants with an active registration status and without a history of revocation.(7) The department shall specify and implement the minimum hour requirements pursuant to paragraph (3) no later than July 1, 2025.(c) (1) Except for licensed professionals, as defined by the department, the department shall require that an individual providing counseling services working within a program described in subdivision (a) be registered with or certified by a certifying organization approved by the 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.(d) If a counselors registration or certification has been previously revoked, the certifying organization shall deny the request for registration and shall send the counselor a written notice of denial. The notice shall specify the 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, 2017, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
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 specify minimum requirements and core competencies for registered and certified substance use counselors. These minimum requirements shall include skills and competencies needed to successfully operate within coordinated behavioral health systems, including the Drug Medi-Cal Organized Delivery System (DMC-ODS). The department shall consult with the County Behavioral Health Directors Association and Association, county DMC-ODS, Drug Medi-Cal, and behavioral health systems, substance use disorder provider associations, and substance use disorder counselor certifying bodies in developing the minimum requirements and core competencies.
(2) Both registered and certified substance use counselor curriculums curricula shall include, at a minimum, all of the following elements:
(A) Understanding the current Diagnostic and Statistical Manual of Mental Disorders.
(B) Understanding the American Society of Addiction Medicine (ASAM) criteria and continuum of ASAM levels of care. care, or other similar criteria and standards as approved by the department.
(C) Cultural competence and humility, including for people with disabilities, and its implication for treatment.
(D) Case management.
(E) Utilizing Utilization of electronic health records systems.
(F) Medications for addiction treatment.
(G) Clinical documentation.
(H) Cooccurring physical substance use and mental health conditions.
(I) Confidentiality.
(J)Professional and ethical responsibilities.
(J) Law and ethics.
(K) Professional boundaries.
(3) Minimum hour requirements for registered counselors shall not be lower than the minimum hour requirements approved by the department for certified peer support specialists or other nonclinical behavioral health staffing categories.
(4) The department shall implement and require the curricula described in paragraph (1) for registered and certified counselors registering or certifying with a state-approved substance use counselor certifying body, no later than July 1, 2025.
(5) Counselors in good standing that registered with a state-approved substance use counselor certifying body prior to July 1, 2025, are exempt from the requirements detailed in paragraph (3).
(6) For the purposes of this subdivision, in good standing means registrants with an active registration status and without a history of revocation.
(7) The department shall specify and implement the minimum hour requirements pursuant to paragraph (3) no later than July 1, 2025.
(c) (1) Except for licensed professionals, as defined by the department, the department shall require that an individual providing counseling services working within a program described in subdivision (a) be registered with or certified by a certifying organization approved by the 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.
(d) If a counselors registration or certification has been previously revoked, the certifying organization shall deny the request for registration and shall send the counselor a written notice of denial. The notice shall specify the 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, 2017, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.