CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 992Introduced by Senator Melendez(Coauthor: Senator Wiener)(Coauthors: Assembly Members Chen, Flora, Lackey, Seyarto, and Voepel)February 14, 2022 An act to amend Section 11833 of, to add Part 9 (commencing with Section 125800) to Division 106 of, and to repeal Part 9 (commencing with former Section 123100) of Division 106 of, the Health and Safety Code, relating to substance use disorders, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGESTSB 992, as introduced, Melendez. 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. Existing law authorizes the department to charge a fee to all programs for licensure or certification by the department, and establishes the Residential and Outpatient Program Licensing Fund to hold these fees.This bill would transfer the responsibility to oversee those certifying organizations from the State Department of Health Care Services to the State Department of Public Health. The bill would require the State Department of Public Health to establish regulations and standards for the licensure of substance use disorder counselors, as specified. The bill would require an applicant for a substance use disorder counselor license to be certified by a certifying organization and to pass specified examinations, and would require the department to review the criminal history of the applicant, as specified. The bill would prohibit a person from using the title of Licensed Alcohol Drug Counselor unless the person has applied for and obtained a license from the department, and would make a violation of that provision punishable by a civil penalty not to exceed $1,000.The bill would require the department to establish fees for licensure, as specified, and would revert all unencumbered funds appropriated from fees in the Residential and Outpatient Program Licensing Fund to the State Department of Health Care Services for the purpose of certification oversight of substance use disorder counselors to that fund and instead appropriate those funds to the State Department of Public Health for purposes of administering these provisions.Digest Key Vote: MAJORITY Appropriation: YES 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 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 State Department of Public Health to register and certify counselors. counselors pursuant to Part 9 (commencing with Section 125800).(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 his or her registration or certification revoked.(c)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.(d)The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (c), and to take actions for noncompliance, including revocation of the departments approval.(e)(c) (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.SEC. 2. Part 9 (commencing with former Section 123100) of Division 106 of the Health and Safety Code is repealed.SEC. 3. Part 9 (commencing with Section 125800) is added to Division 106 of the Health and Safety Code, to read:PART 9. Substance Use Disorder Professionals Licensing Act125800. (a) The State Department of Public Health shall establish any regulations and standards for the licensure of substance use disorder counselors as the director deems necessary to promote and protect the public health and safety.(b) The department shall consult the public, especially people in recovery, providers of substance use disorder services, and organizations that certify substance use disorder counselors before adopting regulations and standards pursuant to subdivision (a).125802. (a) The State Department of Public Health shall require that an applicant for a substance use disorder counselor license meet minimum qualifications that include, but are not limited to, all of the following:(1) The person is certified at the masters level by a certifying organization approved by the department.(2) The person has demonstrated competence by passing the International Certification and Reciprocity Consortium Advanced Alcohol and Other Drug Abuse Counselor written examination, the National Certification Commission for Addiction Professionals Master of Addiction Counseling written examination, or another equivalent examination, as determined by the department.(b) The license shall be valid for two years unless at any time during that period it is revoked or suspended. The license may be renewed prior to the expiration of the two-year period.(c) To qualify to renew the license, a licenseholder shall have maintained their certification with a certifying organization pursuant to paragraph (1) of subdivision (a) and documented to the certifying organization completion of 50 hours of continuing education units during the two-year license renewal period.125804. (a) The State Department of Public Health shall oversee substance use disorder certifying organizations and all functions performed by the State Department of Health Care services prior to January 1, 2023, regarding certifying organization and counselor oversight, shall be transferred to the department. The departments oversight responsibilities shall include all of the following:(1) Overseeing the disciplinary actions of certifying organizations.(2) Standardization of codes of conduct and career ladders of certifying organizations.(3) Requiring that a certification organization document progress toward certification or licensure during each one-year registration renewal period for registered interns, which shall reasonably result in obtaining certification or registration within five years.(4) Ensuring that appropriate disciplinary action is taken by a certifying organization when a counselor has been found guilty of unprofessional conduct. For purposes of this section, unprofessional conduct shall include, but is not limited to, all conduct specified in Section 4982 of the Business and Professions Code.(b) 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.(c) 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.(d) The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (c), and to take actions for noncompliance, including revocation of the departments approval.(e) On January 1, 2023, the State Department of Public Health shall, pursuant to subdivision (b), approve certifying organizations that were approved by the State Department of Health Care Services to certify alcohol drug counselors on or before January 1, 2022, pursuant to Section 13035 of Title 9 of the California Code of Regulations as they read on that date, if that certifying organization is in good standing on January 1, 2023.(f) If a certifying organization approved pursuant to subdivision (e) ceases credentialing operations or has its departmental approval revoked by the department, the department may approve an additional certifying organization to replace a defaulted certifying organization if a new organization meets the departments certifying organization approval requirements.125806. (a) Before issuing a license pursuant to Section 125802, the State Department of Public Health shall review the state, national, and federal criminal history of the applicant.(b) (1) (A) The department shall deny, suspend, delay, or set aside a persons license application if, at the time of the departments determination, the person has a criminal conviction or criminal charge pending, relating to an offense for which the circumstances substantially relate to actions as a licensed alcohol and drug counselor.(B) An applicant who has a criminal conviction or pending criminal charge shall request the appropriate authorities to provide information about the conviction or charge directly to the department in sufficient specificity to enable the department to make a determination as to whether the conviction or charge is substantially related to actions as a licensed alcohol and drug counselor.(2) After a hearing or review of documentation demonstrating that the applicant meets all of the following criteria for a waiver, the department may waive the requirements of this subdivision:(A) Either of the following:(i) For waiver of a felony conviction, more than five years has elapsed since the date of the conviction, and at the time of the application, the applicant is not incarcerated, on work release, on probation, on parole, on postrelease community supervision, or serving any part of a suspended sentence and the applicant is in substantial compliance with all court orders pertaining to fines, restitution, or community service.(ii) For waiver of a misdemeanor conviction or violation, at the time of the application, the applicant is not incarcerated, on work release, on probation, on parole, on postrelease community supervision, or serving any part of a suspended sentence and the applicant is in substantial compliance with all court orders pertaining to fines, restitution, or community service.(B) The applicant is capable of practicing licensed alcohol and drug treatment counselor services in a competent and professional manner.(C) Granting the waiver will not endanger the public health, safety, or welfare.(3) No past criminal conviction shall serve as an automatic exclusion for licensure. The department shall evaluate the circumstances leading to conviction and determine if the person meets the conditions in subparagraphs (B) and (C) of paragraph (2) in determining approval or denial of the application.125808. (a) No person shall use the title of Licensed Alcohol Drug Counselor unless the person has applied for and obtained a license from the department pursuant to Section 125802.(b) A violation of subdivision (a) shall be punishable by a civil penalty not to exceed one thousand dollars ($1,000).125810. (a) The department may establish fees for licensure under this part. The total amount of fees collected pursuant to this chapter shall not exceed the reasonable regulatory cost to the department for administering this part. The license fee for an original license and license renewal shall not exceed two hundred dollars ($200).(b) All unencumbered funds appropriated from licensing or certification fees in the Residential and Outpatient Program Licensing Fund to the State Department of Health Care Services for the purpose of certification oversight of substance use disorder counselors are hereby reverted to the fund and instead appropriated to the State Department of Public Health for purposes of administering this part.(c) The startup funds to implement this chapter shall, upon appropriation, be distributed from the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) Substance Abuse Block Grant (SABG) fund, to the extent that the purposes of this section are deemed to be consistent with the requirements of that act. The department is not required to implement this chapter until moneys are made available pursuant to this subdivision.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 992Introduced by Senator Melendez(Coauthor: Senator Wiener)(Coauthors: Assembly Members Chen, Flora, Lackey, Seyarto, and Voepel)February 14, 2022 An act to amend Section 11833 of, to add Part 9 (commencing with Section 125800) to Division 106 of, and to repeal Part 9 (commencing with former Section 123100) of Division 106 of, the Health and Safety Code, relating to substance use disorders, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGESTSB 992, as introduced, Melendez. 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. Existing law authorizes the department to charge a fee to all programs for licensure or certification by the department, and establishes the Residential and Outpatient Program Licensing Fund to hold these fees.This bill would transfer the responsibility to oversee those certifying organizations from the State Department of Health Care Services to the State Department of Public Health. The bill would require the State Department of Public Health to establish regulations and standards for the licensure of substance use disorder counselors, as specified. The bill would require an applicant for a substance use disorder counselor license to be certified by a certifying organization and to pass specified examinations, and would require the department to review the criminal history of the applicant, as specified. The bill would prohibit a person from using the title of Licensed Alcohol Drug Counselor unless the person has applied for and obtained a license from the department, and would make a violation of that provision punishable by a civil penalty not to exceed $1,000.The bill would require the department to establish fees for licensure, as specified, and would revert all unencumbered funds appropriated from fees in the Residential and Outpatient Program Licensing Fund to the State Department of Health Care Services for the purpose of certification oversight of substance use disorder counselors to that fund and instead appropriate those funds to the State Department of Public Health for purposes of administering these provisions.Digest Key Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 992
Introduced by Senator Melendez(Coauthor: Senator Wiener)(Coauthors: Assembly Members Chen, Flora, Lackey, Seyarto, and Voepel)February 14, 2022
Introduced by Senator Melendez(Coauthor: Senator Wiener)(Coauthors: Assembly Members Chen, Flora, Lackey, Seyarto, and Voepel)
February 14, 2022
An act to amend Section 11833 of, to add Part 9 (commencing with Section 125800) to Division 106 of, and to repeal Part 9 (commencing with former Section 123100) of Division 106 of, the Health and Safety Code, relating to substance use disorders, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 992, as introduced, Melendez. 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. Existing law authorizes the department to charge a fee to all programs for licensure or certification by the department, and establishes the Residential and Outpatient Program Licensing Fund to hold these fees.This bill would transfer the responsibility to oversee those certifying organizations from the State Department of Health Care Services to the State Department of Public Health. The bill would require the State Department of Public Health to establish regulations and standards for the licensure of substance use disorder counselors, as specified. The bill would require an applicant for a substance use disorder counselor license to be certified by a certifying organization and to pass specified examinations, and would require the department to review the criminal history of the applicant, as specified. The bill would prohibit a person from using the title of Licensed Alcohol Drug Counselor unless the person has applied for and obtained a license from the department, and would make a violation of that provision punishable by a civil penalty not to exceed $1,000.The bill would require the department to establish fees for licensure, as specified, and would revert all unencumbered funds appropriated from fees in the Residential and Outpatient Program Licensing Fund to the State Department of Health Care Services for the purpose of certification oversight of substance use disorder counselors to that fund and instead appropriate those funds to the State Department of Public Health for purposes of administering these provisions.
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. Existing law authorizes the department to charge a fee to all programs for licensure or certification by the department, and establishes the Residential and Outpatient Program Licensing Fund to hold these fees.
This bill would transfer the responsibility to oversee those certifying organizations from the State Department of Health Care Services to the State Department of Public Health. The bill would require the State Department of Public Health to establish regulations and standards for the licensure of substance use disorder counselors, as specified. The bill would require an applicant for a substance use disorder counselor license to be certified by a certifying organization and to pass specified examinations, and would require the department to review the criminal history of the applicant, as specified. The bill would prohibit a person from using the title of Licensed Alcohol Drug Counselor unless the person has applied for and obtained a license from the department, and would make a violation of that provision punishable by a civil penalty not to exceed $1,000.
The bill would require the department to establish fees for licensure, as specified, and would revert all unencumbered funds appropriated from fees in the Residential and Outpatient Program Licensing Fund to the State Department of Health Care Services for the purpose of certification oversight of substance use disorder counselors to that fund and instead appropriate those funds to the State Department of Public Health for purposes of administering these provisions.
## 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)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 State Department of Public Health to register and certify counselors. counselors pursuant to Part 9 (commencing with Section 125800).(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 his or her registration or certification revoked.(c)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.(d)The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (c), and to take actions for noncompliance, including revocation of the departments approval.(e)(c) (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.SEC. 2. Part 9 (commencing with former Section 123100) of Division 106 of the Health and Safety Code is repealed.SEC. 3. Part 9 (commencing with Section 125800) is added to Division 106 of the Health and Safety Code, to read:PART 9. Substance Use Disorder Professionals Licensing Act125800. (a) The State Department of Public Health shall establish any regulations and standards for the licensure of substance use disorder counselors as the director deems necessary to promote and protect the public health and safety.(b) The department shall consult the public, especially people in recovery, providers of substance use disorder services, and organizations that certify substance use disorder counselors before adopting regulations and standards pursuant to subdivision (a).125802. (a) The State Department of Public Health shall require that an applicant for a substance use disorder counselor license meet minimum qualifications that include, but are not limited to, all of the following:(1) The person is certified at the masters level by a certifying organization approved by the department.(2) The person has demonstrated competence by passing the International Certification and Reciprocity Consortium Advanced Alcohol and Other Drug Abuse Counselor written examination, the National Certification Commission for Addiction Professionals Master of Addiction Counseling written examination, or another equivalent examination, as determined by the department.(b) The license shall be valid for two years unless at any time during that period it is revoked or suspended. The license may be renewed prior to the expiration of the two-year period.(c) To qualify to renew the license, a licenseholder shall have maintained their certification with a certifying organization pursuant to paragraph (1) of subdivision (a) and documented to the certifying organization completion of 50 hours of continuing education units during the two-year license renewal period.125804. (a) The State Department of Public Health shall oversee substance use disorder certifying organizations and all functions performed by the State Department of Health Care services prior to January 1, 2023, regarding certifying organization and counselor oversight, shall be transferred to the department. The departments oversight responsibilities shall include all of the following:(1) Overseeing the disciplinary actions of certifying organizations.(2) Standardization of codes of conduct and career ladders of certifying organizations.(3) Requiring that a certification organization document progress toward certification or licensure during each one-year registration renewal period for registered interns, which shall reasonably result in obtaining certification or registration within five years.(4) Ensuring that appropriate disciplinary action is taken by a certifying organization when a counselor has been found guilty of unprofessional conduct. For purposes of this section, unprofessional conduct shall include, but is not limited to, all conduct specified in Section 4982 of the Business and Professions Code.(b) 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.(c) 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.(d) The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (c), and to take actions for noncompliance, including revocation of the departments approval.(e) On January 1, 2023, the State Department of Public Health shall, pursuant to subdivision (b), approve certifying organizations that were approved by the State Department of Health Care Services to certify alcohol drug counselors on or before January 1, 2022, pursuant to Section 13035 of Title 9 of the California Code of Regulations as they read on that date, if that certifying organization is in good standing on January 1, 2023.(f) If a certifying organization approved pursuant to subdivision (e) ceases credentialing operations or has its departmental approval revoked by the department, the department may approve an additional certifying organization to replace a defaulted certifying organization if a new organization meets the departments certifying organization approval requirements.125806. (a) Before issuing a license pursuant to Section 125802, the State Department of Public Health shall review the state, national, and federal criminal history of the applicant.(b) (1) (A) The department shall deny, suspend, delay, or set aside a persons license application if, at the time of the departments determination, the person has a criminal conviction or criminal charge pending, relating to an offense for which the circumstances substantially relate to actions as a licensed alcohol and drug counselor.(B) An applicant who has a criminal conviction or pending criminal charge shall request the appropriate authorities to provide information about the conviction or charge directly to the department in sufficient specificity to enable the department to make a determination as to whether the conviction or charge is substantially related to actions as a licensed alcohol and drug counselor.(2) After a hearing or review of documentation demonstrating that the applicant meets all of the following criteria for a waiver, the department may waive the requirements of this subdivision:(A) Either of the following:(i) For waiver of a felony conviction, more than five years has elapsed since the date of the conviction, and at the time of the application, the applicant is not incarcerated, on work release, on probation, on parole, on postrelease community supervision, or serving any part of a suspended sentence and the applicant is in substantial compliance with all court orders pertaining to fines, restitution, or community service.(ii) For waiver of a misdemeanor conviction or violation, at the time of the application, the applicant is not incarcerated, on work release, on probation, on parole, on postrelease community supervision, or serving any part of a suspended sentence and the applicant is in substantial compliance with all court orders pertaining to fines, restitution, or community service.(B) The applicant is capable of practicing licensed alcohol and drug treatment counselor services in a competent and professional manner.(C) Granting the waiver will not endanger the public health, safety, or welfare.(3) No past criminal conviction shall serve as an automatic exclusion for licensure. The department shall evaluate the circumstances leading to conviction and determine if the person meets the conditions in subparagraphs (B) and (C) of paragraph (2) in determining approval or denial of the application.125808. (a) No person shall use the title of Licensed Alcohol Drug Counselor unless the person has applied for and obtained a license from the department pursuant to Section 125802.(b) A violation of subdivision (a) shall be punishable by a civil penalty not to exceed one thousand dollars ($1,000).125810. (a) The department may establish fees for licensure under this part. The total amount of fees collected pursuant to this chapter shall not exceed the reasonable regulatory cost to the department for administering this part. The license fee for an original license and license renewal shall not exceed two hundred dollars ($200).(b) All unencumbered funds appropriated from licensing or certification fees in the Residential and Outpatient Program Licensing Fund to the State Department of Health Care Services for the purpose of certification oversight of substance use disorder counselors are hereby reverted to the fund and instead appropriated to the State Department of Public Health for purposes of administering this part.(c) The startup funds to implement this chapter shall, upon appropriation, be distributed from the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) Substance Abuse Block Grant (SABG) fund, to the extent that the purposes of this section are deemed to be consistent with the requirements of that act. The department is not required to implement this chapter until moneys are made available pursuant to this subdivision.
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)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 State Department of Public Health to register and certify counselors. counselors pursuant to Part 9 (commencing with Section 125800).(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 his or her registration or certification revoked.(c)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.(d)The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (c), and to take actions for noncompliance, including revocation of the departments approval.(e)(c) (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)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 State Department of Public Health to register and certify counselors. counselors pursuant to Part 9 (commencing with Section 125800).(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 his or her registration or certification revoked.(c)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.(d)The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (c), and to take actions for noncompliance, including revocation of the departments approval.(e)(c) (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)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 State Department of Public Health to register and certify counselors. counselors pursuant to Part 9 (commencing with Section 125800).(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 his or her registration or certification revoked.(c)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.(d)The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (c), and to take actions for noncompliance, including revocation of the departments approval.(e)(c) (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)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 State Department of Public Health to register and certify counselors. counselors pursuant to Part 9 (commencing with Section 125800).(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 his or her registration or certification revoked.(c)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.(d)The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (c), and to take actions for noncompliance, including revocation of the departments approval.(e)(c) (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)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 State Department of Public Health to register and certify counselors. counselors pursuant to Part 9 (commencing with Section 125800).
(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 his or her registration or certification revoked.
(c)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.
(d)The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (c), and to take actions for noncompliance, including revocation of the departments approval.
(e)
(c) (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.
SEC. 2. Part 9 (commencing with former Section 123100) of Division 106 of the Health and Safety Code is repealed.
SEC. 2. Part 9 (commencing with former Section 123100) of Division 106 of the Health and Safety Code is repealed.
### SEC. 2.
SEC. 3. Part 9 (commencing with Section 125800) is added to Division 106 of the Health and Safety Code, to read:PART 9. Substance Use Disorder Professionals Licensing Act125800. (a) The State Department of Public Health shall establish any regulations and standards for the licensure of substance use disorder counselors as the director deems necessary to promote and protect the public health and safety.(b) The department shall consult the public, especially people in recovery, providers of substance use disorder services, and organizations that certify substance use disorder counselors before adopting regulations and standards pursuant to subdivision (a).125802. (a) The State Department of Public Health shall require that an applicant for a substance use disorder counselor license meet minimum qualifications that include, but are not limited to, all of the following:(1) The person is certified at the masters level by a certifying organization approved by the department.(2) The person has demonstrated competence by passing the International Certification and Reciprocity Consortium Advanced Alcohol and Other Drug Abuse Counselor written examination, the National Certification Commission for Addiction Professionals Master of Addiction Counseling written examination, or another equivalent examination, as determined by the department.(b) The license shall be valid for two years unless at any time during that period it is revoked or suspended. The license may be renewed prior to the expiration of the two-year period.(c) To qualify to renew the license, a licenseholder shall have maintained their certification with a certifying organization pursuant to paragraph (1) of subdivision (a) and documented to the certifying organization completion of 50 hours of continuing education units during the two-year license renewal period.125804. (a) The State Department of Public Health shall oversee substance use disorder certifying organizations and all functions performed by the State Department of Health Care services prior to January 1, 2023, regarding certifying organization and counselor oversight, shall be transferred to the department. The departments oversight responsibilities shall include all of the following:(1) Overseeing the disciplinary actions of certifying organizations.(2) Standardization of codes of conduct and career ladders of certifying organizations.(3) Requiring that a certification organization document progress toward certification or licensure during each one-year registration renewal period for registered interns, which shall reasonably result in obtaining certification or registration within five years.(4) Ensuring that appropriate disciplinary action is taken by a certifying organization when a counselor has been found guilty of unprofessional conduct. For purposes of this section, unprofessional conduct shall include, but is not limited to, all conduct specified in Section 4982 of the Business and Professions Code.(b) 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.(c) 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.(d) The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (c), and to take actions for noncompliance, including revocation of the departments approval.(e) On January 1, 2023, the State Department of Public Health shall, pursuant to subdivision (b), approve certifying organizations that were approved by the State Department of Health Care Services to certify alcohol drug counselors on or before January 1, 2022, pursuant to Section 13035 of Title 9 of the California Code of Regulations as they read on that date, if that certifying organization is in good standing on January 1, 2023.(f) If a certifying organization approved pursuant to subdivision (e) ceases credentialing operations or has its departmental approval revoked by the department, the department may approve an additional certifying organization to replace a defaulted certifying organization if a new organization meets the departments certifying organization approval requirements.125806. (a) Before issuing a license pursuant to Section 125802, the State Department of Public Health shall review the state, national, and federal criminal history of the applicant.(b) (1) (A) The department shall deny, suspend, delay, or set aside a persons license application if, at the time of the departments determination, the person has a criminal conviction or criminal charge pending, relating to an offense for which the circumstances substantially relate to actions as a licensed alcohol and drug counselor.(B) An applicant who has a criminal conviction or pending criminal charge shall request the appropriate authorities to provide information about the conviction or charge directly to the department in sufficient specificity to enable the department to make a determination as to whether the conviction or charge is substantially related to actions as a licensed alcohol and drug counselor.(2) After a hearing or review of documentation demonstrating that the applicant meets all of the following criteria for a waiver, the department may waive the requirements of this subdivision:(A) Either of the following:(i) For waiver of a felony conviction, more than five years has elapsed since the date of the conviction, and at the time of the application, the applicant is not incarcerated, on work release, on probation, on parole, on postrelease community supervision, or serving any part of a suspended sentence and the applicant is in substantial compliance with all court orders pertaining to fines, restitution, or community service.(ii) For waiver of a misdemeanor conviction or violation, at the time of the application, the applicant is not incarcerated, on work release, on probation, on parole, on postrelease community supervision, or serving any part of a suspended sentence and the applicant is in substantial compliance with all court orders pertaining to fines, restitution, or community service.(B) The applicant is capable of practicing licensed alcohol and drug treatment counselor services in a competent and professional manner.(C) Granting the waiver will not endanger the public health, safety, or welfare.(3) No past criminal conviction shall serve as an automatic exclusion for licensure. The department shall evaluate the circumstances leading to conviction and determine if the person meets the conditions in subparagraphs (B) and (C) of paragraph (2) in determining approval or denial of the application.125808. (a) No person shall use the title of Licensed Alcohol Drug Counselor unless the person has applied for and obtained a license from the department pursuant to Section 125802.(b) A violation of subdivision (a) shall be punishable by a civil penalty not to exceed one thousand dollars ($1,000).125810. (a) The department may establish fees for licensure under this part. The total amount of fees collected pursuant to this chapter shall not exceed the reasonable regulatory cost to the department for administering this part. The license fee for an original license and license renewal shall not exceed two hundred dollars ($200).(b) All unencumbered funds appropriated from licensing or certification fees in the Residential and Outpatient Program Licensing Fund to the State Department of Health Care Services for the purpose of certification oversight of substance use disorder counselors are hereby reverted to the fund and instead appropriated to the State Department of Public Health for purposes of administering this part.(c) The startup funds to implement this chapter shall, upon appropriation, be distributed from the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) Substance Abuse Block Grant (SABG) fund, to the extent that the purposes of this section are deemed to be consistent with the requirements of that act. The department is not required to implement this chapter until moneys are made available pursuant to this subdivision.
SEC. 3. Part 9 (commencing with Section 125800) is added to Division 106 of the Health and Safety Code, to read:
### SEC. 3.
PART 9. Substance Use Disorder Professionals Licensing Act125800. (a) The State Department of Public Health shall establish any regulations and standards for the licensure of substance use disorder counselors as the director deems necessary to promote and protect the public health and safety.(b) The department shall consult the public, especially people in recovery, providers of substance use disorder services, and organizations that certify substance use disorder counselors before adopting regulations and standards pursuant to subdivision (a).125802. (a) The State Department of Public Health shall require that an applicant for a substance use disorder counselor license meet minimum qualifications that include, but are not limited to, all of the following:(1) The person is certified at the masters level by a certifying organization approved by the department.(2) The person has demonstrated competence by passing the International Certification and Reciprocity Consortium Advanced Alcohol and Other Drug Abuse Counselor written examination, the National Certification Commission for Addiction Professionals Master of Addiction Counseling written examination, or another equivalent examination, as determined by the department.(b) The license shall be valid for two years unless at any time during that period it is revoked or suspended. The license may be renewed prior to the expiration of the two-year period.(c) To qualify to renew the license, a licenseholder shall have maintained their certification with a certifying organization pursuant to paragraph (1) of subdivision (a) and documented to the certifying organization completion of 50 hours of continuing education units during the two-year license renewal period.125804. (a) The State Department of Public Health shall oversee substance use disorder certifying organizations and all functions performed by the State Department of Health Care services prior to January 1, 2023, regarding certifying organization and counselor oversight, shall be transferred to the department. The departments oversight responsibilities shall include all of the following:(1) Overseeing the disciplinary actions of certifying organizations.(2) Standardization of codes of conduct and career ladders of certifying organizations.(3) Requiring that a certification organization document progress toward certification or licensure during each one-year registration renewal period for registered interns, which shall reasonably result in obtaining certification or registration within five years.(4) Ensuring that appropriate disciplinary action is taken by a certifying organization when a counselor has been found guilty of unprofessional conduct. For purposes of this section, unprofessional conduct shall include, but is not limited to, all conduct specified in Section 4982 of the Business and Professions Code.(b) 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.(c) 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.(d) The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (c), and to take actions for noncompliance, including revocation of the departments approval.(e) On January 1, 2023, the State Department of Public Health shall, pursuant to subdivision (b), approve certifying organizations that were approved by the State Department of Health Care Services to certify alcohol drug counselors on or before January 1, 2022, pursuant to Section 13035 of Title 9 of the California Code of Regulations as they read on that date, if that certifying organization is in good standing on January 1, 2023.(f) If a certifying organization approved pursuant to subdivision (e) ceases credentialing operations or has its departmental approval revoked by the department, the department may approve an additional certifying organization to replace a defaulted certifying organization if a new organization meets the departments certifying organization approval requirements.125806. (a) Before issuing a license pursuant to Section 125802, the State Department of Public Health shall review the state, national, and federal criminal history of the applicant.(b) (1) (A) The department shall deny, suspend, delay, or set aside a persons license application if, at the time of the departments determination, the person has a criminal conviction or criminal charge pending, relating to an offense for which the circumstances substantially relate to actions as a licensed alcohol and drug counselor.(B) An applicant who has a criminal conviction or pending criminal charge shall request the appropriate authorities to provide information about the conviction or charge directly to the department in sufficient specificity to enable the department to make a determination as to whether the conviction or charge is substantially related to actions as a licensed alcohol and drug counselor.(2) After a hearing or review of documentation demonstrating that the applicant meets all of the following criteria for a waiver, the department may waive the requirements of this subdivision:(A) Either of the following:(i) For waiver of a felony conviction, more than five years has elapsed since the date of the conviction, and at the time of the application, the applicant is not incarcerated, on work release, on probation, on parole, on postrelease community supervision, or serving any part of a suspended sentence and the applicant is in substantial compliance with all court orders pertaining to fines, restitution, or community service.(ii) For waiver of a misdemeanor conviction or violation, at the time of the application, the applicant is not incarcerated, on work release, on probation, on parole, on postrelease community supervision, or serving any part of a suspended sentence and the applicant is in substantial compliance with all court orders pertaining to fines, restitution, or community service.(B) The applicant is capable of practicing licensed alcohol and drug treatment counselor services in a competent and professional manner.(C) Granting the waiver will not endanger the public health, safety, or welfare.(3) No past criminal conviction shall serve as an automatic exclusion for licensure. The department shall evaluate the circumstances leading to conviction and determine if the person meets the conditions in subparagraphs (B) and (C) of paragraph (2) in determining approval or denial of the application.125808. (a) No person shall use the title of Licensed Alcohol Drug Counselor unless the person has applied for and obtained a license from the department pursuant to Section 125802.(b) A violation of subdivision (a) shall be punishable by a civil penalty not to exceed one thousand dollars ($1,000).125810. (a) The department may establish fees for licensure under this part. The total amount of fees collected pursuant to this chapter shall not exceed the reasonable regulatory cost to the department for administering this part. The license fee for an original license and license renewal shall not exceed two hundred dollars ($200).(b) All unencumbered funds appropriated from licensing or certification fees in the Residential and Outpatient Program Licensing Fund to the State Department of Health Care Services for the purpose of certification oversight of substance use disorder counselors are hereby reverted to the fund and instead appropriated to the State Department of Public Health for purposes of administering this part.(c) The startup funds to implement this chapter shall, upon appropriation, be distributed from the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) Substance Abuse Block Grant (SABG) fund, to the extent that the purposes of this section are deemed to be consistent with the requirements of that act. The department is not required to implement this chapter until moneys are made available pursuant to this subdivision.
PART 9. Substance Use Disorder Professionals Licensing Act125800. (a) The State Department of Public Health shall establish any regulations and standards for the licensure of substance use disorder counselors as the director deems necessary to promote and protect the public health and safety.(b) The department shall consult the public, especially people in recovery, providers of substance use disorder services, and organizations that certify substance use disorder counselors before adopting regulations and standards pursuant to subdivision (a).125802. (a) The State Department of Public Health shall require that an applicant for a substance use disorder counselor license meet minimum qualifications that include, but are not limited to, all of the following:(1) The person is certified at the masters level by a certifying organization approved by the department.(2) The person has demonstrated competence by passing the International Certification and Reciprocity Consortium Advanced Alcohol and Other Drug Abuse Counselor written examination, the National Certification Commission for Addiction Professionals Master of Addiction Counseling written examination, or another equivalent examination, as determined by the department.(b) The license shall be valid for two years unless at any time during that period it is revoked or suspended. The license may be renewed prior to the expiration of the two-year period.(c) To qualify to renew the license, a licenseholder shall have maintained their certification with a certifying organization pursuant to paragraph (1) of subdivision (a) and documented to the certifying organization completion of 50 hours of continuing education units during the two-year license renewal period.125804. (a) The State Department of Public Health shall oversee substance use disorder certifying organizations and all functions performed by the State Department of Health Care services prior to January 1, 2023, regarding certifying organization and counselor oversight, shall be transferred to the department. The departments oversight responsibilities shall include all of the following:(1) Overseeing the disciplinary actions of certifying organizations.(2) Standardization of codes of conduct and career ladders of certifying organizations.(3) Requiring that a certification organization document progress toward certification or licensure during each one-year registration renewal period for registered interns, which shall reasonably result in obtaining certification or registration within five years.(4) Ensuring that appropriate disciplinary action is taken by a certifying organization when a counselor has been found guilty of unprofessional conduct. For purposes of this section, unprofessional conduct shall include, but is not limited to, all conduct specified in Section 4982 of the Business and Professions Code.(b) 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.(c) 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.(d) The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (c), and to take actions for noncompliance, including revocation of the departments approval.(e) On January 1, 2023, the State Department of Public Health shall, pursuant to subdivision (b), approve certifying organizations that were approved by the State Department of Health Care Services to certify alcohol drug counselors on or before January 1, 2022, pursuant to Section 13035 of Title 9 of the California Code of Regulations as they read on that date, if that certifying organization is in good standing on January 1, 2023.(f) If a certifying organization approved pursuant to subdivision (e) ceases credentialing operations or has its departmental approval revoked by the department, the department may approve an additional certifying organization to replace a defaulted certifying organization if a new organization meets the departments certifying organization approval requirements.125806. (a) Before issuing a license pursuant to Section 125802, the State Department of Public Health shall review the state, national, and federal criminal history of the applicant.(b) (1) (A) The department shall deny, suspend, delay, or set aside a persons license application if, at the time of the departments determination, the person has a criminal conviction or criminal charge pending, relating to an offense for which the circumstances substantially relate to actions as a licensed alcohol and drug counselor.(B) An applicant who has a criminal conviction or pending criminal charge shall request the appropriate authorities to provide information about the conviction or charge directly to the department in sufficient specificity to enable the department to make a determination as to whether the conviction or charge is substantially related to actions as a licensed alcohol and drug counselor.(2) After a hearing or review of documentation demonstrating that the applicant meets all of the following criteria for a waiver, the department may waive the requirements of this subdivision:(A) Either of the following:(i) For waiver of a felony conviction, more than five years has elapsed since the date of the conviction, and at the time of the application, the applicant is not incarcerated, on work release, on probation, on parole, on postrelease community supervision, or serving any part of a suspended sentence and the applicant is in substantial compliance with all court orders pertaining to fines, restitution, or community service.(ii) For waiver of a misdemeanor conviction or violation, at the time of the application, the applicant is not incarcerated, on work release, on probation, on parole, on postrelease community supervision, or serving any part of a suspended sentence and the applicant is in substantial compliance with all court orders pertaining to fines, restitution, or community service.(B) The applicant is capable of practicing licensed alcohol and drug treatment counselor services in a competent and professional manner.(C) Granting the waiver will not endanger the public health, safety, or welfare.(3) No past criminal conviction shall serve as an automatic exclusion for licensure. The department shall evaluate the circumstances leading to conviction and determine if the person meets the conditions in subparagraphs (B) and (C) of paragraph (2) in determining approval or denial of the application.125808. (a) No person shall use the title of Licensed Alcohol Drug Counselor unless the person has applied for and obtained a license from the department pursuant to Section 125802.(b) A violation of subdivision (a) shall be punishable by a civil penalty not to exceed one thousand dollars ($1,000).125810. (a) The department may establish fees for licensure under this part. The total amount of fees collected pursuant to this chapter shall not exceed the reasonable regulatory cost to the department for administering this part. The license fee for an original license and license renewal shall not exceed two hundred dollars ($200).(b) All unencumbered funds appropriated from licensing or certification fees in the Residential and Outpatient Program Licensing Fund to the State Department of Health Care Services for the purpose of certification oversight of substance use disorder counselors are hereby reverted to the fund and instead appropriated to the State Department of Public Health for purposes of administering this part.(c) The startup funds to implement this chapter shall, upon appropriation, be distributed from the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) Substance Abuse Block Grant (SABG) fund, to the extent that the purposes of this section are deemed to be consistent with the requirements of that act. The department is not required to implement this chapter until moneys are made available pursuant to this subdivision.
PART 9. Substance Use Disorder Professionals Licensing Act
PART 9. Substance Use Disorder Professionals Licensing Act
125800. (a) The State Department of Public Health shall establish any regulations and standards for the licensure of substance use disorder counselors as the director deems necessary to promote and protect the public health and safety.(b) The department shall consult the public, especially people in recovery, providers of substance use disorder services, and organizations that certify substance use disorder counselors before adopting regulations and standards pursuant to subdivision (a).
125800. (a) The State Department of Public Health shall establish any regulations and standards for the licensure of substance use disorder counselors as the director deems necessary to promote and protect the public health and safety.
(b) The department shall consult the public, especially people in recovery, providers of substance use disorder services, and organizations that certify substance use disorder counselors before adopting regulations and standards pursuant to subdivision (a).
125802. (a) The State Department of Public Health shall require that an applicant for a substance use disorder counselor license meet minimum qualifications that include, but are not limited to, all of the following:(1) The person is certified at the masters level by a certifying organization approved by the department.(2) The person has demonstrated competence by passing the International Certification and Reciprocity Consortium Advanced Alcohol and Other Drug Abuse Counselor written examination, the National Certification Commission for Addiction Professionals Master of Addiction Counseling written examination, or another equivalent examination, as determined by the department.(b) The license shall be valid for two years unless at any time during that period it is revoked or suspended. The license may be renewed prior to the expiration of the two-year period.(c) To qualify to renew the license, a licenseholder shall have maintained their certification with a certifying organization pursuant to paragraph (1) of subdivision (a) and documented to the certifying organization completion of 50 hours of continuing education units during the two-year license renewal period.
125802. (a) The State Department of Public Health shall require that an applicant for a substance use disorder counselor license meet minimum qualifications that include, but are not limited to, all of the following:
(1) The person is certified at the masters level by a certifying organization approved by the department.
(2) The person has demonstrated competence by passing the International Certification and Reciprocity Consortium Advanced Alcohol and Other Drug Abuse Counselor written examination, the National Certification Commission for Addiction Professionals Master of Addiction Counseling written examination, or another equivalent examination, as determined by the department.
(b) The license shall be valid for two years unless at any time during that period it is revoked or suspended. The license may be renewed prior to the expiration of the two-year period.
(c) To qualify to renew the license, a licenseholder shall have maintained their certification with a certifying organization pursuant to paragraph (1) of subdivision (a) and documented to the certifying organization completion of 50 hours of continuing education units during the two-year license renewal period.
125804. (a) The State Department of Public Health shall oversee substance use disorder certifying organizations and all functions performed by the State Department of Health Care services prior to January 1, 2023, regarding certifying organization and counselor oversight, shall be transferred to the department. The departments oversight responsibilities shall include all of the following:(1) Overseeing the disciplinary actions of certifying organizations.(2) Standardization of codes of conduct and career ladders of certifying organizations.(3) Requiring that a certification organization document progress toward certification or licensure during each one-year registration renewal period for registered interns, which shall reasonably result in obtaining certification or registration within five years.(4) Ensuring that appropriate disciplinary action is taken by a certifying organization when a counselor has been found guilty of unprofessional conduct. For purposes of this section, unprofessional conduct shall include, but is not limited to, all conduct specified in Section 4982 of the Business and Professions Code.(b) 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.(c) 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.(d) The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (c), and to take actions for noncompliance, including revocation of the departments approval.(e) On January 1, 2023, the State Department of Public Health shall, pursuant to subdivision (b), approve certifying organizations that were approved by the State Department of Health Care Services to certify alcohol drug counselors on or before January 1, 2022, pursuant to Section 13035 of Title 9 of the California Code of Regulations as they read on that date, if that certifying organization is in good standing on January 1, 2023.(f) If a certifying organization approved pursuant to subdivision (e) ceases credentialing operations or has its departmental approval revoked by the department, the department may approve an additional certifying organization to replace a defaulted certifying organization if a new organization meets the departments certifying organization approval requirements.
125804. (a) The State Department of Public Health shall oversee substance use disorder certifying organizations and all functions performed by the State Department of Health Care services prior to January 1, 2023, regarding certifying organization and counselor oversight, shall be transferred to the department. The departments oversight responsibilities shall include all of the following:
(1) Overseeing the disciplinary actions of certifying organizations.
(2) Standardization of codes of conduct and career ladders of certifying organizations.
(3) Requiring that a certification organization document progress toward certification or licensure during each one-year registration renewal period for registered interns, which shall reasonably result in obtaining certification or registration within five years.
(4) Ensuring that appropriate disciplinary action is taken by a certifying organization when a counselor has been found guilty of unprofessional conduct. For purposes of this section, unprofessional conduct shall include, but is not limited to, all conduct specified in Section 4982 of the Business and Professions Code.
(b) 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.
(c) 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.
(d) The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (c), and to take actions for noncompliance, including revocation of the departments approval.
(e) On January 1, 2023, the State Department of Public Health shall, pursuant to subdivision (b), approve certifying organizations that were approved by the State Department of Health Care Services to certify alcohol drug counselors on or before January 1, 2022, pursuant to Section 13035 of Title 9 of the California Code of Regulations as they read on that date, if that certifying organization is in good standing on January 1, 2023.
(f) If a certifying organization approved pursuant to subdivision (e) ceases credentialing operations or has its departmental approval revoked by the department, the department may approve an additional certifying organization to replace a defaulted certifying organization if a new organization meets the departments certifying organization approval requirements.
125806. (a) Before issuing a license pursuant to Section 125802, the State Department of Public Health shall review the state, national, and federal criminal history of the applicant.(b) (1) (A) The department shall deny, suspend, delay, or set aside a persons license application if, at the time of the departments determination, the person has a criminal conviction or criminal charge pending, relating to an offense for which the circumstances substantially relate to actions as a licensed alcohol and drug counselor.(B) An applicant who has a criminal conviction or pending criminal charge shall request the appropriate authorities to provide information about the conviction or charge directly to the department in sufficient specificity to enable the department to make a determination as to whether the conviction or charge is substantially related to actions as a licensed alcohol and drug counselor.(2) After a hearing or review of documentation demonstrating that the applicant meets all of the following criteria for a waiver, the department may waive the requirements of this subdivision:(A) Either of the following:(i) For waiver of a felony conviction, more than five years has elapsed since the date of the conviction, and at the time of the application, the applicant is not incarcerated, on work release, on probation, on parole, on postrelease community supervision, or serving any part of a suspended sentence and the applicant is in substantial compliance with all court orders pertaining to fines, restitution, or community service.(ii) For waiver of a misdemeanor conviction or violation, at the time of the application, the applicant is not incarcerated, on work release, on probation, on parole, on postrelease community supervision, or serving any part of a suspended sentence and the applicant is in substantial compliance with all court orders pertaining to fines, restitution, or community service.(B) The applicant is capable of practicing licensed alcohol and drug treatment counselor services in a competent and professional manner.(C) Granting the waiver will not endanger the public health, safety, or welfare.(3) No past criminal conviction shall serve as an automatic exclusion for licensure. The department shall evaluate the circumstances leading to conviction and determine if the person meets the conditions in subparagraphs (B) and (C) of paragraph (2) in determining approval or denial of the application.
125806. (a) Before issuing a license pursuant to Section 125802, the State Department of Public Health shall review the state, national, and federal criminal history of the applicant.
(b) (1) (A) The department shall deny, suspend, delay, or set aside a persons license application if, at the time of the departments determination, the person has a criminal conviction or criminal charge pending, relating to an offense for which the circumstances substantially relate to actions as a licensed alcohol and drug counselor.
(B) An applicant who has a criminal conviction or pending criminal charge shall request the appropriate authorities to provide information about the conviction or charge directly to the department in sufficient specificity to enable the department to make a determination as to whether the conviction or charge is substantially related to actions as a licensed alcohol and drug counselor.
(2) After a hearing or review of documentation demonstrating that the applicant meets all of the following criteria for a waiver, the department may waive the requirements of this subdivision:
(A) Either of the following:
(i) For waiver of a felony conviction, more than five years has elapsed since the date of the conviction, and at the time of the application, the applicant is not incarcerated, on work release, on probation, on parole, on postrelease community supervision, or serving any part of a suspended sentence and the applicant is in substantial compliance with all court orders pertaining to fines, restitution, or community service.
(ii) For waiver of a misdemeanor conviction or violation, at the time of the application, the applicant is not incarcerated, on work release, on probation, on parole, on postrelease community supervision, or serving any part of a suspended sentence and the applicant is in substantial compliance with all court orders pertaining to fines, restitution, or community service.
(B) The applicant is capable of practicing licensed alcohol and drug treatment counselor services in a competent and professional manner.
(C) Granting the waiver will not endanger the public health, safety, or welfare.
(3) No past criminal conviction shall serve as an automatic exclusion for licensure. The department shall evaluate the circumstances leading to conviction and determine if the person meets the conditions in subparagraphs (B) and (C) of paragraph (2) in determining approval or denial of the application.
125808. (a) No person shall use the title of Licensed Alcohol Drug Counselor unless the person has applied for and obtained a license from the department pursuant to Section 125802.(b) A violation of subdivision (a) shall be punishable by a civil penalty not to exceed one thousand dollars ($1,000).
125808. (a) No person shall use the title of Licensed Alcohol Drug Counselor unless the person has applied for and obtained a license from the department pursuant to Section 125802.
(b) A violation of subdivision (a) shall be punishable by a civil penalty not to exceed one thousand dollars ($1,000).
125810. (a) The department may establish fees for licensure under this part. The total amount of fees collected pursuant to this chapter shall not exceed the reasonable regulatory cost to the department for administering this part. The license fee for an original license and license renewal shall not exceed two hundred dollars ($200).(b) All unencumbered funds appropriated from licensing or certification fees in the Residential and Outpatient Program Licensing Fund to the State Department of Health Care Services for the purpose of certification oversight of substance use disorder counselors are hereby reverted to the fund and instead appropriated to the State Department of Public Health for purposes of administering this part.(c) The startup funds to implement this chapter shall, upon appropriation, be distributed from the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) Substance Abuse Block Grant (SABG) fund, to the extent that the purposes of this section are deemed to be consistent with the requirements of that act. The department is not required to implement this chapter until moneys are made available pursuant to this subdivision.
125810. (a) The department may establish fees for licensure under this part. The total amount of fees collected pursuant to this chapter shall not exceed the reasonable regulatory cost to the department for administering this part. The license fee for an original license and license renewal shall not exceed two hundred dollars ($200).
(b) All unencumbered funds appropriated from licensing or certification fees in the Residential and Outpatient Program Licensing Fund to the State Department of Health Care Services for the purpose of certification oversight of substance use disorder counselors are hereby reverted to the fund and instead appropriated to the State Department of Public Health for purposes of administering this part.
(c) The startup funds to implement this chapter shall, upon appropriation, be distributed from the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) Substance Abuse Block Grant (SABG) fund, to the extent that the purposes of this section are deemed to be consistent with the requirements of that act. The department is not required to implement this chapter until moneys are made available pursuant to this subdivision.