Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2005 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 3672 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2005
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	James J. O'Day
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to recovery coach licensure.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:James J. O'Day14th Worcester1/20/2023Daniel M. Donahue16th Worcester1/26/2023Danielle W. Gregoire4th Middlesex2/3/2023Lindsay N. Sabadosa1st Hampshire2/6/2023Christopher Hendricks11th Bristol2/6/2023David Henry Argosky LeBoeuf17th Worcester2/6/2023Jessica Ann Giannino16th Suffolk2/6/2023Kay Khan11th Middlesex2/9/2023Thomas M. Stanley9th Middlesex2/10/2023Jeffrey Rosario Turco19th Suffolk2/13/2023Marc T. Lombardo22nd Middlesex2/14/2023Carol A. Doherty3rd Bristol2/20/2023Jason M. LewisFifth Middlesex2/21/2023 1 of 7
16	16	HOUSE DOCKET, NO. 3672 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2005
18	18	By Representative O'Day of West Boylston, a petition (accompanied by bill, House, No. 2005)
19	19	of James J. O'Day and others for legislation to establish a board of registration of licensed
20	20	recovery coaches. Mental Health, Substance Use and Recovery.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to recovery coach licensure.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 9 of chapter 13 of the General Laws, as appearing in the 2020
30	30	2Official Edition, is hereby amended by inserting after the word “workers” in line 8, the following
31	31	3words:- , the board of registration of recovery coaches,
32	32	4 SECTION 2. Said chapter 13 is hereby further amended by adding the following section:-
33	33	5 Section 110. (a) There shall be, within the department of public health, a board of
34	34	6registration of licensed recovery coaches that shall consist of 12 members to be appointed by the
35	35	7governor, 1 of whom shall be the commissioner of public health or a designee; 1 of whom shall
36	36	8be the commissioner of mental health or a designee; 6 of whom shall be employed as a recovery
37	37	9coach, recovery coach supervisor or educator representing demographic diversity from region,
38	38	10workplace, gender identification, culture or race; 1 of whom shall be a family member to an
39	39	11individual with a substance use disorder; 1 of whom shall represent a health plan; 1 of whom 2 of 7
40	40	12 shall be a licensed physician or nurse specializing in addiction; and 1 of whom shall be a
41	41	13person with lived experience from a substance use disorder and received recovery coaching
42	42	14services. Members of the board shall be residents of the commonwealth.
43	43	15 (b) Each member of the board shall serve for a term of 3 years. Upon the expiration of a
44	44	16term of office, a member shall continue to serve until a successor has been appointed. A member
45	45	17shall not serve for more than 2 consecutive terms; provided, however, that a person who is
46	46	18chosen to fill a vacancy in an unexpired term of a prior board member may serve for 2
47	47	19consecutive terms in addition to the remainder of that unexpired term.
48	48	20 (c) A member may be removed by the governor for neglect of duty, misconduct,
49	49	21malfeasance, or misfeasance in office.
50	50	22 (d) The board shall, at its first meeting and annually thereafter, organize by electing from
51	51	23its membership a chair, a vice-chair and a secretary. Those officers shall serve until their
52	52	24successors are elected.
53	53	25 (e) The board shall meet at least four times annually and may hold additional meetings at
54	54	26the call of the chair or at such times as may be determined by the board. Board members shall
55	55	27serve without compensation but shall be reimbursed for actual and reasonable expenses incurred
56	56	28in the performance of their duties.
57	57	29 SECTION 3. Section 1 of chapter 112 is hereby amended by inserting after the word
58	58	30“dentistry”, in line 12, the following words:- , the board of registration of recovery coaches, 3 of 7
59	59	31 SECTION 4. Section 164 of said chapter 112 is hereby amended by inserting after the
60	60	32word “therapist”, in line 23, the following words:- , recovery coach, authorized to practice under
61	61	33sections 290 to 292, inclusive,
62	62	34 SECTION 5. Said chapter 112 is further amended by adding after section 289 the
63	63	35following 3 sections:-
64	64	36 Section 290. (a) The following words as used in sections 290 to 292, inclusive, unless the
65	65	37context otherwise requires, shall have the following meanings:-
66	66	38 “Board”, the board of registration of recovery coaches, established under section 110 of
67	67	39chapter 13.
68	68	40 “Licensed Recovery Coach”, an individual who is authorized to practice with the title of
69	69	41licensed by the board of registration of recovery coaches under this chapter and who uses shared
70	70	42understanding, respect and mutual empowerment to help others become and stay engaged in the
71	71	43process of recovery from a substance use disorder.
72	72	44 “Lived experience”, the experience of addiction and recovery from a substance use
73	73	45disorder.
74	74	46 (b) The board shall have the following powers and duties:
75	75	47 (1) to promulgate regulations and adopt such rules as are necessary to regulate recovery
76	76	48coaches;
77	77	49 (2) to receive, review, approve or disapprove initial applications, renewals and
78	78	50reinstatement requests, and to issue those authorizations to practice; 4 of 7
79	79	51 (3) to establish administrative procedures for processing applications submitted under
80	80	52clause (2) and to hire or appoint such agents as are appropriate for processing applications;
81	81	53 (4) to retain records of its actions and proceedings in accordance with public records
82	82	54laws;
83	83	55 (5) to establish specifications for the authorized practice of recovery coaching; provided,
84	84	56that the specifications shall require individuals to have lived experience and demonstrate at least
85	85	572 years of sustained recovery; provided further, that the lived experience requirement may be
86	86	58waived for individuals who were credentialed by the Massachusetts Board of Substance Abuse
87	87	59Counselor Certification before the establishment of the board.
88	88	60 (6) to define by regulation the appropriate standards for education, core competencies,
89	89	61and experience necessary to qualify as an authorized recovery coach, including, but not limited
90	90	62to, continuing professional education requirements; provided, that the board shall consider any
91	91	63standards contained within recovery coach training programs established by the department of
92	92	64public health;
93	93	65 (7) to establish an ethical code of conduct for recovery coaches authorized to practice by
94	94	66the board; provided, that the board shall consider any codes of conduct for recovery coach
95	95	67training programs established by the department of public health;
96	96	68 (8) to establish standards of supervision for students or persons in training to become a
97	97	69recovery coach; provided, that the board shall consider standards contained within recovery
98	98	70coach training programs established by the department of public health; 5 of 7
99	99	71 (9) to fine, censure, revoke, suspend or deny recovery coaches' authorization to practice,
100	100	72place on probation, reprimand or otherwise discipline a recovery coach for violations of the code
101	101	73of ethics or the rules of the board;
102	102	74 (10) to summarily suspend a recovery coach who poses an imminent danger to the public;
103	103	75provided, that the recovery coach shall be afforded a hearing within 7 business days to determine
104	104	76whether the summary action is warranted; and
105	105	77 (11) to perform other functions and duties as may be required to carry out this section.
106	106	78 Section 291. (a) An application to be a licensed recovery coach, under section 290, shall
107	107	79be made on forms approved by the board, signed under the penalties of perjury by the person
108	108	80certifying the information contained therein and accompanied by the required fee. The fee shall
109	109	81be determined by the secretary of administration and finance under section 3B of chapter 7. A
110	110	82recovery coach applicant shall furnish satisfactory proof that the applicant is at least 18 years of
111	111	83age, is of good moral character of recent history and has met all the education, training and
112	112	84experience requirements and qualifications as established by the board. A “Certified Addictions
113	113	85Recovery Coach (CARC)” certification shall serve as satisfactory proof for application
114	114	86requirements inclusive of test exemption for a limited time period as determined by the board.
115	115	87 (b) The board, in consultation with the department of public health, shall determine the
116	116	88renewal cycle and renewal period for recovery coaches. A recovery coach authorized to practice
117	117	89under this chapter shall apply to the board for a renewal not later than the expiration date, as
118	118	90determined by the board, unless earlier revoked, suspended or canceled as a result of a
119	119	91disciplinary proceeding. As a condition for renewal under this section, the board may require
120	120	92satisfactory proof that the recovery coach has successfully completed the required number of 6 of 7
121	121	93 hours of continuing education in courses or programs approved by the board or has
122	122	94complied with such other requirements or equivalent requirements as approved by the board.
123	123	95Upon satisfactory compliance with the requirements and successful completion of the continuing
124	124	96education requirements, the board shall issue a renewal. The board may provide for the late
125	125	97renewal that has lapsed and may require payment of a late fee. Each renewal application
126	126	98submitted to the board shall be accompanied by a fee as determined by the secretary of
127	127	99administration and finance under section 3B of chapter 7. The board may authorize a recovery
128	128	100coach to practice by reciprocity. The board shall promulgate rules and regulations as may be
129	129	101necessary to implement this section.
130	130	102 Section 292. (a) The title “Licensed Recovery Coach” shall only be used by individuals
131	131	103who have met the requirements and qualifications and hold a valid, current authorization issued
132	132	104by the board. The use by any person not so authorized of any words, letters, abbreviations or
133	133	105insignia indicating or implying a person is an authorized recovery coach shall be a violation of
134	134	106this section for which the board may issue a cease and desist order and seek additional
135	135	107appropriate legal remedies. A person in the process of accruing work hours required for
136	136	108credentialing may still perform recovery coach duties, so long as they do not advertise
137	137	109themselves as “Licensed”.
138	138	110 (b) A person who violates subsection (a) shall be liable for a fine as determined by the
139	139	111board.
140	140	112 (c) No person filing a complaint alleging a violation of law or of the regulations of the
141	141	113board, reporting information pursuant to such laws or regulations or assisting the board at its
142	142	114request in any manner in discharging its duties and functions shall be liable in any cause of 7 of 7
143	143	115 action arising out of the board's receipt of such information or assistance, if the person
144	144	116making the complaint, or reporting or providing such information or assistance, does so in good
145	145	117faith and without malice.
146	146	118 SECTION 6. No person shall be found to have violated section 292 of chapter 112 of the
147	147	119General Laws until 6 months after the board of registration of recovery coaches first issues an
148	148	120authorization to practice under said chapter 112.