An act to add
Part 6.5
Chapter 9.7
(commencing with Section
1179.80)
4450)
to Division
1 of,
2 of
the
Health
Business
and
Safety
Professions
Code, relating to alcohol and drug counselors.

The people of the State of California do enact as follows:


SECTION 1.
Chapter 9.7 (commencing with Section 4450) is added to Division 2 of the Business and Professions Code, to read:
CHAPTER  9.7. Alcohol and Drug Counseling Professionals
Article  1. Administration
4450.
For purposes of this chapter the following definitions apply:
(a) “Bureau” means the Alcohol and Drug Counseling Professional Bureau established pursuant to Section 4452.
(b) “Department” means the Department of Consumer Affairs.
(c) “Director” means the Director of Consumer Affairs.
4451.
(a) (1) There is established within the department the Alcohol and Drug Counseling Professional Bureau, under the supervision and control of the director.
(2) (A) The duties of enforcing and administering this chapter is vested in the chief, of the bureau and he or she is responsible to the director for performing those duties.
(B) The chief shall serve at the pleasure of director.
(3) Every power granted or duty imposed upon the director pursuant to this chapter may be exercised or performed in the name of the director by a deputy director or by the chief, subject to the conditions and limitations that the director may prescribe.
(b) Notwithstanding any other law, the powers and duties of the bureau pursuant to this chapter are subject to review by the appropriate policy committee of the Legislature.
4452.
Protection of the public is the highest priority for the bureau in exercising its licensing, regulatory, and disciplinary functions. If the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
4453.
The bureau may adopt necessary rules and regulations for the administration and enforcement of this chapter and the laws subject to its jurisdiction and prescribe the form of statements and reports provided for in this chapter. The rules and regulations shall be adopted, amended, or repealed in accordance with the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
4454.
The director may employ and appoint all employees necessary to properly administer the duties of the bureau in accordance with civil service regulations.
Article  2. Licensing
4455.
(a) No person shall use the title of licensed alcohol and drug counselor unless the person has applied for and obtained a license from the bureau.
(b) An applicant for an alcohol and drug counselor license shall meet minimum qualifications that include, but are not limited to, all of the following:
(1) Has earned a master of arts, master of science, or doctoral degree in addiction counseling, psychology, social work, counseling, marriage and family therapy, counseling psychology, clinical psychology, or other clinically focused major that requires no less than 21 semester units, or equivalent, of addiction specific education approved by a certifying organization recognized by the department, from an institution of higher learning accredited by a regional accrediting agency, or a board for private postsecondary education.
(2) Has demonstrated competence by passing a master’s level exam accepted by a certifying organization approved by the State Department of Health Care Services.
(3) Is currently credentialed as an advanced alcohol and drug counselor and in good standing with a certification organization recognized by the State Department of Health Care Services pursuant to Section 13035 of Title 9 of the California Code of Regulations, as that section read on January 1, 2017, and has no history of revocation by a certifying organization, licensure board, or certifying entity.
(4) Has documented to the certifying organization that the applicant has completed all of the following courses:
(A) Three semester units, or the equivalent, of psychopharmacology and physiology of addiction, including any of the following subjects:
(i) Examination of the effects of alcohol and similar legal psychoactive drugs to the body and behavior.
(ii) Damage to the body and behaviors.
(iii) Damage to the brain, liver, and other organs.
(iv) Tolerance, cross tolerance, and synergistic effects.
(v) Physiological differences between males and females.
(vi) Disease model, including neurobiological signs and symptoms.
(B) Three semester units, or the equivalent, of clinical evaluation and psychopathology, including any of the following subjects:
(i) Initial interviewing process.
(ii) Biopsychosocial assessment.
(iii) Differential diagnosis.
(iv) Diagnostic summaries.
(v) Cooccurring disorders, referral processes, and the evaluation of clients using placement criteria, including the American Society of Addiction Medicine patient placement criteria or other validated clinical tools, to determine the most appropriate level of care for the client and eligibility for admission to a particular alcohol and other drug abuse treatment program.
(C) Three semester units, or the equivalent, of counseling psychotherapy for addiction, including all of the following subjects:
(i) Introduction to counseling.
(ii) Introduction to techniques and approaches.
(iii) Crisis intervention.
(iv) Individual counseling focused on addiction.
(v) Group counseling.
(vi) Family counseling as it pertains to addiction treatment.
(D) Three semester units, or the equivalent, in case management, including all of the following subjects:
(i) Community resources.
(ii) Consultation.
(iii) Documentation.
(iv) Resources for persons who are HIV positive.
(E) Three semester units, or the equivalent, of client education, including all of the following subjects:
(i) Addiction recovery.
(ii) Psychological client education.
(iii) Biochemical and medical client education.
(iv) Sociocultural client education.
(v) Addiction recovery and psychological family education.
(vi) Biomedical and sociocultural family education.
(vii) Community and professional education.
(F) Three semester units, or the equivalent, of professional responsibility law and ethics, including all of the following subjects:
(i) Ethical standards, legal aspects, cultural competency, professional growth, personal growth, dimensions of recovery, clinical supervision, and consultation.
(ii) Community involvement.
(iii) Operating a private practice.
(G) Three semester units, or the equivalent, of supervised fieldwork.
(5) Has submitted to both a state and federal level criminal offender record information search pursuant to Section 4459.
4456.
(a) For a period not to exceed one year, as determined by the bureau, from the date the bureau commences accepting applications for an initial license, an applicant who has a minimum of 12,000 hours experience is not required to meet the requirements of paragraphs (1), (2), and (4) of subdivision (b) of Section 4455.
(b) Applicants who do not meet the requirements of paragraphs (1), (2), and (4) of subdivision (b) of Section 4455 shall sit for the masters level exam required by paragraph (2) of subdivision (b) of Section 4455 before the first renewal period and shall provide proof of passing the exam to the certifying organization before one year after the end of the first renewal period.
4457.
(a) A license for an alcohol and drug counselor 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.
(b) To qualify to renew the license, a licensee shall have completed 36 hours of continuing education units approved by the certification organization during the two-year license renewal period, which shall include six hours of ethics and law, six hours of cooccurring disorder, and three hours of cultural competency.
(c) The department may revoke a license issued pursuant to this chapter if either of the following occurs:
(1) The licensee loses his or her credential granted by the certifying organization.
(2) The licensee has been convicted of a felony charge that is substantially related to the qualifications, functions, or duties of a licensed alcohol and drug counselor. A plea of guilty or nolo contendere to a felony charge shall be deemed a conviction for the purposes of this paragraph.
4458.
The bureau shall establish the fees for an initial alcohol and drug counselor license or a renewal license in an amount reasonably related to the department’s actual costs in performing its duties under this chapter not to exceed two hundred dollars ($200).
4459.
(a) Before issuing a license, the bureau shall review both the state and federal level criminal history of the applicant.
(b) (1) (A) The department shall deny, suspend, delay, or set aside a person’s license if, at the time of the department’s determination, the person has a criminal conviction or criminal charge pending, relating to an offense, the circumstances of which 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) However, after a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the department may waive the requirements of this subdivision if the department finds any of the following:
(A) For waiver of a felony conviction, more than five years has elapsed since the date of the conviction. At the time of the application, the applicant is not incarcerated, on work release, on probation, on parole, on post-release 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) 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 post-release 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.
(C) The applicant is capable of practicing licensed alcohol and drug treatment counselor services in a competent and professional manner.
(D) Granting the waiver will not endanger the public health, safety, or welfare.
(E) The applicant has not been convicted of a felony sexual offense.
Article  3. Construction of Chapter
4460.
(a) This chapter does not constrict, limit, or prohibit a facility or program that is licensed or certified by this state, a county-contracted alcohol and drug treatment facility or program, or a driving-under-the-influence program from employing or contracting with an alcohol and drug counselor who is certified by a certifying organization accredited and approved by this state pursuant to Chapter 8 (commencing with Section 13000) of Division 4 of Title 9 of the California Code of Regulations as that chapter read on January 1, 2017.
(b) This chapter does not require a facility or program licensed or certified by this state, a county-operated or contracted alcohol and drug treatment program or facility, or a driving-under-the-influence program to utilize the services of an alcohol and drug counselor licensed pursuant to this chapter.

Summary: Existing law provides for the registration, certification, and licensure of various healing arts professionals. Existing law provides for various programs to eliminate alcohol and drug abuse, and states the finding of the Legislature that state government has an affirmative role in alleviating problems related to the inappropriate use of alcoholic beverages and other drug use.
This bill, among other things,
would establish the Alcohol and Drug Counseling Professional Bureau within the Department of Consumer Affairs, specify the bureau’s powers and duties, and authorize the bureau to adopt necessary rules and regulations. The bill
would prohibit
any
a
person from using the title licensed alcohol and drug counselor unless the person had applied for and obtained a license from the
State Department of Health Care Services
bureau
and would specify the minimum qualifications for a license, including, but not limited to, educational qualifications, being currently credentialed as an advanced alcohol and drug counselor, and having submitted to a criminal background check. The bill would provide that a license for an alcohol and drug counselor would be valid for 2 years unless at any time during that period it is revoked or suspended, that the license would be authorized to be renewed prior to the expiration of the 2-year period, and that a licensee fulfill continuing education requirements prior to renewal. The bill would also require
that the license fee
the bureau to establish the fees
for an
original
initial
alcohol and drug counselor license and
the license
a
renewal
fee be
license in an amount
reasonably related to the
department’s
bureau’s
actual costs in performing its
duties under this part,
duties,
but to not exceed $200.
This bill would require the
department
bureau
to
ensure that
review
the state and federal level criminal history of the applicant
is reviewed
before issuing a license, and the
department
bureau
would be required, with exceptions, to deny, suspend, delay, or set aside a person’s license if, at the time of the
department’s
bureau’s
determination, the person has a criminal conviction or pending criminal charge relating to an offense, the circumstances of which substantially relate to actions as a licensed alcohol and drug counselor.
The bill would also require the department to oversee the disciplinary actions of certifying organizations it approves, as provided.