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