Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1388 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2107 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1388
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	John F. Keenan
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 :John F. KeenanNorfolk and PlymouthLydia EdwardsThird Suffolk2/4/2023John C. VelisHampden and Hampshire2/7/2023Kay Khan11th Middlesex2/9/2023Thomas M. Stanley9th Middlesex2/12/2023Jason M. LewisFifth Middlesex2/16/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/27/2023 1 of 7
16	16	SENATE DOCKET, NO. 2107 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1388
18	18	By Mr. Keenan, a petition (accompanied by bill, Senate, No. 1388) of John F. Keenan, Lydia
19	19	Edwards, John C. Velis, Kay Khan and other members of the General Court for legislation
20	20	relative to recovery coach licensure. Public Health.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 1452 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to recovery coach licensure.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 9 of chapter 13 of the General Laws, as appearing in the 2020
32	32	2Official Edition, is hereby amended by inserting after the word “workers” in line 8, the following
33	33	3words:- , the board of registration of recovery coaches,
34	34	4 SECTION 2. Said chapter 13 is hereby further amended by adding the following section:-
35	35	5 Section 110. (a) There shall be, within the department of public health, a board of
36	36	6registration of licensed recovery coaches that shall consist of 12 members to be appointed by the
37	37	7governor, 1 of whom shall be the commissioner of public health or a designee; 1 of whom shall
38	38	8be the commissioner of mental health or a designee; 6 of whom shall be employed as a recovery
39	39	9coach, recovery coach supervisor or educator representing demographic diversity from region, 2 of 7
40	40	10workplace, gender identification, culture or race; 1 of whom shall be a family member to an
41	41	11individual with a substance use disorder; 1 of whom shall represent a health plan; 1 of whom
42	42	12shall be a licensed physician or nurse specializing in addiction; and 1 of whom shall be a person
43	43	13with lived experience from a substance use disorder and received recovery coaching services.
44	44	14Members of the board shall be residents of the commonwealth.
45	45	15 (b) Each member of the board shall serve for a term of 3 years. Upon the expiration of a
46	46	16term of office, a member shall continue to serve until a successor has been appointed. A member
47	47	17shall not serve for more than 2 consecutive terms; provided, however, that a person who is
48	48	18chosen to fill a vacancy in an unexpired term of a prior board member may serve for 2
49	49	19consecutive terms in addition to the remainder of that unexpired term.
50	50	20 (c) A member may be removed by the governor for neglect of duty, misconduct,
51	51	21malfeasance, or misfeasance in office.
52	52	22 (d) The board shall, at its first meeting and annually thereafter, organize by electing from
53	53	23its membership a chair, a vice-chair and a secretary. Those officers shall serve until their
54	54	24successors are elected.
55	55	25 (e) The board shall meet at least four times annually and may hold additional meetings at
56	56	26the call of the chair or at such times as may be determined by the board. Board members shall
57	57	27serve without compensation but shall be reimbursed for actual and reasonable expenses incurred
58	58	28in the performance of their duties.
59	59	29 SECTION 3. Section 1 of chapter 112 is hereby amended by inserting after the word
60	60	30“dentistry”, in line 12, the following words:- , the board of registration of recovery coaches, 3 of 7
61	61	31 SECTION 4. Section 164 of said chapter 112 is hereby amended by inserting after the
62	62	32word “therapist”, in line 23, the following words:- , recovery coach, authorized to practice under
63	63	33sections 290 to 292, inclusive,
64	64	34 SECTION 5. Said chapter 112 is further amended by adding after section 289 the
65	65	35following 3 sections:-
66	66	36 Section 290. (a) The following words as used in sections 290 to 292, inclusive, unless the
67	67	37context otherwise requires, shall have the following meanings:-
68	68	38 “Board”, the board of registration of recovery coaches, established under section 110 of
69	69	39chapter 13.
70	70	40 “Licensed Recovery Coach”, an individual who is authorized to practice with the title of
71	71	41licensed by the board of registration of recovery coaches under this chapter and who uses shared
72	72	42understanding, respect and mutual empowerment to help others become and stay engaged in the
73	73	43process of recovery from a substance use disorder.
74	74	44 “Lived experience”, the experience of addiction and recovery from a substance use
75	75	45disorder.
76	76	46 (b) The board shall have the following powers and duties:
77	77	47 (1) to promulgate regulations and adopt such rules as are necessary to regulate recovery
78	78	48coaches;
79	79	49 (2) to receive, review, approve or disapprove initial applications, renewals and
80	80	50reinstatement requests, and to issue those authorizations to practice; 4 of 7
81	81	51 (3) to establish administrative procedures for processing applications submitted under
82	82	52clause (2) and to hire or appoint such agents as are appropriate for processing applications;
83	83	53 (4) to retain records of its actions and proceedings in accordance with public records
84	84	54laws;
85	85	55 (5) to establish specifications for the authorized practice of recovery coaching; provided,
86	86	56that the specifications shall require individuals to have lived experience and demonstrate at least
87	87	572 years of sustained recovery; provided further, that the lived experience requirement may be
88	88	58waived for individuals who were credentialed by the Massachusetts Board of Substance Abuse
89	89	59Counselor Certification before the establishment of the board.
90	90	60 (6) to define by regulation the appropriate standards for education, core competencies,
91	91	61and experience necessary to qualify as an authorized recovery coach, including, but not limited
92	92	62to, continuing professional education requirements; provided, that the board shall consider any
93	93	63standards contained within recovery coach training programs established by the department of
94	94	64public health;
95	95	65 (7) to establish an ethical code of conduct for recovery coaches authorized to practice by
96	96	66the board; provided, that the board shall consider any codes of conduct for recovery coach
97	97	67training programs established by the department of public health;
98	98	68 (8) to establish standards of supervision for students or persons in training to become a
99	99	69recovery coach; provided, that the board shall consider standards contained within recovery
100	100	70coach training programs established by the department of public health; 5 of 7
101	101	71 (9) to fine, censure, revoke, suspend or deny recovery coaches' authorization to practice,
102	102	72place on probation, reprimand or otherwise discipline a recovery coach for violations of the code
103	103	73of ethics or the rules of the board;
104	104	74 (10) to summarily suspend a recovery coach who poses an imminent danger to the public;
105	105	75provided, that the recovery coach shall be afforded a hearing within 7 business days to determine
106	106	76whether the summary action is warranted; and
107	107	77 (11) to perform other functions and duties as may be required to carry out this section.
108	108	78 Section 291. (a) An application to be a licensed recovery coach, under section 290, shall
109	109	79be made on forms approved by the board, signed under the penalties of perjury by the person
110	110	80certifying the information contained therein and accompanied by the required fee. The fee shall
111	111	81be determined by the secretary of administration and finance under section 3B of chapter 7. A
112	112	82recovery coach applicant shall furnish satisfactory proof that the applicant is at least 18 years of
113	113	83age, is of good moral character of recent history and has met all the education, training and
114	114	84experience requirements and qualifications as established by the board. A “Certified Addictions
115	115	85Recovery Coach (CARC)” certification shall serve as satisfactory proof for application
116	116	86requirements inclusive of test exemption for a limited time period as determined by the board.
117	117	87 (b) The board, in consultation with the department of public health, shall determine the
118	118	88renewal cycle and renewal period for recovery coaches. A recovery coach authorized to practice
119	119	89under this chapter shall apply to the board for a renewal not later than the expiration date, as
120	120	90determined by the board, unless earlier revoked, suspended or canceled as a result of a
121	121	91disciplinary proceeding. As a condition for renewal under this section, the board may require
122	122	92satisfactory proof that the recovery coach has successfully completed the required number of 6 of 7
123	123	93hours of continuing education in courses or programs approved by the board or has complied
124	124	94with such other requirements or equivalent requirements as approved by the board. Upon
125	125	95satisfactory compliance with the requirements and successful completion of the continuing
126	126	96education requirements, the board shall issue a renewal. The board may provide for the late
127	127	97renewal that has lapsed and may require payment of a late fee. Each renewal application
128	128	98submitted to the board shall be accompanied by a fee as determined by the secretary of
129	129	99administration and finance under section 3B of chapter 7. The board may authorize a recovery
130	130	100coach to practice by reciprocity. The board shall promulgate rules and regulations as may be
131	131	101necessary to implement this section.
132	132	102 Section 292. (a) The title “Licensed Recovery Coach” shall only be used by individuals
133	133	103who have met the requirements and qualifications and hold a valid, current authorization issued
134	134	104by the board. The use by any person not so authorized of any words, letters, abbreviations or
135	135	105insignia indicating or implying a person is an authorized recovery coach shall be a violation of
136	136	106this section for which the board may issue a cease and desist order and seek additional
137	137	107appropriate legal remedies. A person in the process of accruing work hours required for
138	138	108credentialing may still perform recovery coach duties, so long as they do not advertise
139	139	109themselves as “Licensed”.
140	140	110 (b) A person who violates subsection (a) shall be liable for a fine as determined by the
141	141	111board.
142	142	112 (c) No person filing a complaint alleging a violation of law or of the regulations of the
143	143	113board, reporting information pursuant to such laws or regulations or assisting the board at its
144	144	114request in any manner in discharging its duties and functions shall be liable in any cause of 7 of 7
145	145	115action arising out of the board's receipt of such information or assistance, if the person making
146	146	116the complaint, or reporting or providing such information or assistance, does so in good faith and
147	147	117without malice.
148	148	118 SECTION 6. No person shall be found to have violated section 292 of chapter 112 of the
149	149	119General Laws until 6 months after the board of registration of recovery coaches first issues an
150	150	120authorization to practice under said chapter 112.