Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2681 Compare Versions

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

Old	New	Differences
1	1	SENATE . . . . . . . . . . . . . . No. 2681
2	2	The Commonwealth of Massachusetts
3	3	_______________
4	4	In the One Hundred and Ninety-Third General Court
5	5	(2023-2024)
6	6	_______________
7	7	SENATE, March 14, 2024.
8	8	The committee on Public Health, to whom was referred the petitions (accompanied by
9	9	bill, Senate, No. 1388) of John F. Keenan, Lydia Edwards, John C. Velis, Kay Khan and other
10	10	members of the General Court for legislation relative to recovery coach licensure, report the
11	11	accompanying bill (Senate, No. 2681).
12	12	For the committee,
13	13	Julian Cyr 1 of 7
14	14	FILED ON: 2/7/2024
15	15	SENATE . . . . . . . . . . . . . . No. 2681
16	16	The Commonwealth of Massachusetts
17	17	_______________
18	18	In the One Hundred and Ninety-Third General Court
19	19	(2023-2024)
20	20	_______________
21	21	An Act relative to recovery coach licensure.
22	22	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
23	23	of the same, as follows:
24	24	1 SECTION 1. Section 9 of chapter 13 of the General Laws, as appearing in the 2020
25	25	2Official Edition, is hereby amended by inserting after the word “workers” in line 8, the following
26	26	3words:- , the board of registration of peer specialists and recovery coaches,
27	27	4 SECTION 2. Said chapter 13 is hereby further amended by adding the following section:-
28	28	5 Section 110. (a) There shall be, within the department of public health, a board of
29	29	6registration of licensed peer specialists and recovery coaches that shall consist of 13 members to
30	30	7be appointed by the governor, 1 of whom shall be the commissioner of public health or a
31	31	8designee, 1 of whom shall be the commissioner of mental health or a designee, 1 of whom shall
32	32	9have expertise in training peer specialists, 1 of whom shall have expertise in training recovery
33	33	10coaches, 1 of whom shall be employed as a recovery coach with lived experience with substance
34	34	11use disorder, 1 of whom shall be a peer specialist with lived experience with mental illness, , 1 of
35	35	12whom shall be a family member to an individual with a substance use disorder, 1 of whom shall
36	36	13be a family member to an individual living with mental illness, 1 of whom shall represent 2 of 7
37	37	14communities that have been disproportionately impacted by historical over-policing relative to
38	38	15drug enforcement, 1 of whom shall represent a health plan, 1 of whom shall be a licensed
39	39	16physician or nurse specializing in addiction, 1 of whom shall be a licensed physician or nurse
40	40	17specializing in psychiatry, and 1 of whom shall be a person with lived experience from a
41	41	18substance use disorder and received peer specialist or recovery coaching services. Members of
42	42	19the board shall be residents of the commonwealth.
43	43	20 (b) Each member of the board shall serve for a term of 3 years. Upon the expiration of a
44	44	21term of office, a member shall continue to serve until a successor has been appointed. A member
45	45	22shall not serve for more than 2 consecutive terms; provided, however, that a person who is
46	46	23chosen to fill a vacancy in an unexpired term of a prior board member may serve for 2
47	47	24consecutive terms in addition to the remainder of that unexpired term.
48	48	25 (c) A member may be removed by the governor for neglect of duty, misconduct,
49	49	26malfeasance, or misfeasance in office.
50	50	27 (d) The board shall, at its first meeting and annually thereafter, organize by electing from
51	51	28its membership a chair, a vice-chair and a secretary. Those officers shall serve until their
52	52	29successors are elected.
53	53	30 (e) The board shall meet at least four times annually and may hold additional meetings at
54	54	31the call of the chair or at such times as may be determined by the board. Board members shall
55	55	32serve without compensation but shall be reimbursed for actual and reasonable expenses incurred
56	56	33in the performance of their duties. 3 of 7
57	57	34 SECTION 3. Section 1 of chapter 112 is hereby amended by inserting after the word
58	58	35“dentistry”, in line 12, the following words:- , the board of registration of peer specialists and
59	59	36recovery coaches,
60	60	37 SECTION 4. Section 164 of said chapter 112 is hereby amended by inserting after the
61	61	38word “therapist”, in line 23, the following words:- , peer specialist or recovery coach, authorized
62	62	39to practice under sections 290 to 292, inclusive,
63	63	40 SECTION 5. Said chapter 112 is further amended by adding after section 289 the
64	64	41following 3 sections:-
65	65	42 Section 290. (a) The following words as used in sections 290 to 292, inclusive, unless the
66	66	43context otherwise requires, shall have the following meanings:-
67	67	44 “Board”, the board of registration of peer specialists and recovery coaches, established
68	68	45under section 110 of chapter 13.
69	69	46 “Licensed Peer Specialist”, an individual who is authorized to practice by the board under
70	70	47this chapter and who uses shared understanding, respect and mutual empowerment to help others
71	71	48become and stay engaged in the process of living with and recovery from a mental illness.
72	72	49 “Licensed Recovery Coach”, an individual who is authorized to practice with the title of
73	73	50licensed by the board under this chapter and who uses shared understanding, respect and mutual
74	74	51empowerment to help others become and stay engaged in the process of living with and recovery
75	75	52from a substance use disorder.
76	76	53 “Lived experience”, the experience of living with and recovery from a mental illness or
77	77	54substance use disorder. (b) The board shall have the following powers and duties: 4 of 7
78	78	55 (1) to promulgate regulations and adopt such rules as are necessary to regulate recovery
79	79	56coaches;
80	80	57 (2) to receive, review, approve or disapprove initial applications, renewals and
81	81	58reinstatement requests, and to issue those authorizations to practice;
82	82	59 (3) to establish administrative procedures for processing applications submitted under
83	83	60clause (2) and to hire or appoint such agents as are appropriate for processing applications;
84	84	61 (4) to retain records of its actions and proceedings in accordance with public records
85	85	62laws;
86	86	63 (5) to establish specifications for the authorized practice of peer specialist support and
87	87	64recovery coaching; provided, that the specifications shall require individuals to have lived
88	88	65experience and demonstrate at least 2 years of sustained recovery; provided further, that the lived
89	89	66experience requirement may be waived for individuals who were credentialed by the
90	90	67Massachusetts Board of Substance Abuse Counselor Certification or the Massachusetts Certified
91	91	68Peer Specialist Training Program before the establishment of the board.
92	92	69 (6) to define by regulation the appropriate standards for education, core competencies,
93	93	70and experience necessary to qualify as an authorized peer specialist or recovery coach, including,
94	94	71but not limited to, continuing professional education requirements; provided, that the board shall
95	95	72consider any standards contained within relevant training programs established by the
96	96	73departments of public health and mental health; 5 of 7
97	97	74 (7) to establish an ethical code of conduct for peer specialists and recovery coaches
98	98	75authorized to practice by the board; provided, that the board shall consider any codes of conduct
99	99	76for relevant training programs established by the departments of public health and mental health;
100	100	77 (8) to establish standards of supervision for students or persons in training to become a
101	101	78peer specialist or recovery coach; provided, that the board shall consider standards contained
102	102	79within relevant training programs established by the departments of public health and mental
103	103	80health;
104	104	81 (9) to fine, censure, revoke, suspend or deny a peer specialist or recovery coaches'
105	105	82authorization to practice, place on probation, reprimand or otherwise discipline a peer specialist
106	106	83or recovery coach for violations of the code of ethics or the rules of the board;
107	107	84 (10) to summarily suspend a peer specialist or recovery coach who poses an imminent
108	108	85danger to the public; provided, that the recovery coach shall be afforded a hearing within 7
109	109	86business days to determine whether the summary action is warranted; and
110	110	87 (11) to perform other functions and duties as may be required to carry out this section.
111	111	88 Section 291. (a) An application to be a licensed peer specialist or licensed recovery
112	112	89coach, under section 290, shall be made on forms approved by the board, signed under the
113	113	90penalties of perjury by the person certifying the information contained therein and accompanied
114	114	91by the required fee. The fee shall be determined by the secretary of administration and finance
115	115	92under section 3B of chapter 7. A peer specialist or recovery coach applicant shall furnish
116	116	93satisfactory proof that the applicant is at least 18 years of age, is of good moral character of
117	117	94recent history and has met all the education, training and experience requirements and
118	118	95qualifications as established by the board. A “Certified Addictions Recovery Coach (CARC)” 6 of 7
119	119	96certification or a “Massachusetts Certified Peer Specialist (CPS)” shall serve as satisfactory
120	120	97proof for application requirements inclusive of test exemption for a limited time period as
121	121	98determined by the board.
122	122	99 (b) The board, in consultation with the departments of public health and mental health,
123	123	100shall determine the renewal cycle and renewal period for peer specialists and recovery coaches.
124	124	101A peer specialist or recovery coach authorized to practice under this chapter shall apply to the
125	125	102board for a renewal not later than the expiration date, as determined by the board, unless earlier
126	126	103revoked, suspended or canceled as a result of a disciplinary proceeding. As a condition for
127	127	104renewal under this section, the board may require satisfactory proof that the peer specialist or
128	128	105recovery coach has successfully completed the required number of hours of continuing education
129	129	106in courses or programs approved by the board or has complied with such other requirements or
130	130	107equivalent requirements as approved by the board. Upon satisfactory compliance with the
131	131	108requirements and successful completion of the continuing education requirements, the board
132	132	109shall issue a renewal. The board may provide for the late renewal that has lapsed and may require
133	133	110payment of a late fee. Each renewal application submitted to the board shall be accompanied by
134	134	111a fee as determined by the secretary of administration and finance under section 3B of chapter 7.
135	135	112The board may authorize a peer specialist or recovery coach to practice by reciprocity. The board
136	136	113shall promulgate rules and regulations as may be necessary to implement this section.
137	137	114 Section 292. (a) The titles “Licensed Peer Specialist” and “Licensed Recovery Coach”
138	138	115shall only be used by individuals who have met the requirements and qualifications and hold a
139	139	116valid, current authorization issued by the board. The use by any person not so authorized of any
140	140	117words, letters, abbreviations or insignia indicating or implying a person is an authorized recovery
141	141	118coach shall be a violation of this section for which the board may issue a cease and desist order 7 of 7
142	142	119and seek additional appropriate legal remedies. A person in the process of accruing work hours
143	143	120required for credentialing may still perform peer specialist or recovery coach duties, so long as
144	144	121they do not advertise themselves as “Licensed”.
145	145	122 (b) A person who violates subsection (a) shall be liable for a fine as determined by the
146	146	123board.
147	147	124 (c) No person filing a complaint alleging a violation of law or of the regulations of the
148	148	125board, reporting information pursuant to such laws or regulations or assisting the board at its
149	149	126request in any manner in discharging its duties and functions shall be liable in any cause of
150	150	127action arising out of the board's receipt of such information or assistance, if the person making
151	151	128the complaint, or reporting or providing such information or assistance, does so in good faith and
152	152	129without malice.
153	153	130 SECTION 6. No person shall be found to have violated section 292 of chapter 112 of the
154	154	131General Laws until 6 months after the board of registration of peer specialists and recovery
155	155	132coaches first issues an authorization to practice under said chapter 112.