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AB-1055 Alcohol drug counselors.(2023-2024)

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Date Published: 03/13/2023 02:00 PM
AB1055:v98#DOCUMENT

Amended  IN  Assembly  March 13, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1055

Introduced by Assembly Member Bains

February 15, 2023

An act to add Chapter 9.7 (commencing with Section 4450) to Division 2 of the Business and Professions Code, and to amend Section 11833 of the Health and Safety Code, relating to healing arts.


LEGISLATIVE COUNSEL'S DIGEST


AB 1055, as amended, Bains. Alcohol drug counselors.
Existing law requires the State Department of Health Care Services to license and regulate adult alcoholism or drug abuse recovery or treatment facilities. Existing law also requires the department to require that an individual providing counseling services within a program be certified by a certifying organization approved by the department. Existing law authorizes the department to charge a fee to all programs for licensure or certification by the department, and establishes the Residential and Outpatient Program Licensing Fund to hold these fees.
This bill would create, upon appropriation by the Legislature, the Allied Behavioral Health Board within the Department of Consumer Affairs. The bill would require the board to establish regulations and standards for the licensure of alcohol drug counselors, as specified. The bill would authorize the board to collaborate with the Department of Health Care Access and Information regarding behavioral health professions, review sunrise review applications for emerging behavioral health license and certification programs, and refer complaints regarding behavioral health workers to appropriate agencies, as specified. The bill would require an applicant to satisfy certain requirements, including, among other things, possession of a master’s degree in alcohol and drug counseling or a related counseling master’s degree, as specified. The bill would, commencing 18 months after the board commences approving licenses, impose additional requirements on an applicant, including completion of a supervised practicum from an approved educational institution, and documentation that either the applicant is certified by a certifying organization or the applicant has completed 2,000 hours of postgraduate supervised work experience. The bill would impose requirements related to continuing education and discipline of licensees. The bill would prohibit a person from using the title of “Licensed Alcohol Drug Counselor” unless the person has applied for and obtained a license from the board, and would make a violation of that provision punishable by an administrative penalty not to exceed $10,000.
The bill would specify that it does not require a person employed or volunteering at an outpatient treatment program or residential treatment facility certified or licensed by the State Department of Health Care Services to be licensed by the board. The bill would require the board to establish fees for licensure, as specified, and would revert all unencumbered funds appropriated from fees in the Residential and Outpatient Program Licensing Fund to the State Department of Health Care Services for the purpose of certification oversight of substance use disorder counselors to that fund. specified.

Existing law requires, by December 31, 2025, the State Department of Health Care Services to adopt regulations to implement changes made by legislation during the 2021–22 Legislative Session relating to the qualifications and registration or certification of personnel working within alcoholism or drug abuse recovery and treatment programs licensed, certified, or funded under state law.

This bill would instead require the State Department of Health Care Services to adopt those regulations by December 31, 2027.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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. Allied Behavioral Health Board
Article  1. General Provisions

4450.
 (a) “Board” means the Allied Behavioral Health Board.
(b) “Certifying organization” means a certifying organization approved by the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 11830) of Part 2 of Division 10.5 of the Health and Safety Code.
(c) “Core functions” means the performance parameters utilized by alcohol drug counselors as established by the International Certification and Reciprocity Consortium and identified in subdivision (a) of Section 4456.
(d) “Intern” means an unlicensed person who meets the educational requirements for licensure and is registered with the board.
(e) “Licensed Alcohol Drug Counselor” means a person licensed by the board pursuant to this chapter to use the title “Licensed Alcohol Drug Counselor,” conduct an independent practice of alcohol drug counseling, and provide supervision to other alcohol drug counselors.
(f) “Trainee” means an unlicensed person who is currently enrolled in a course of education that is designed to qualify the individual for licensure under this chapter and who has completed no less than 12 semester units or 18 quarter units of coursework in a qualifying educational program.

4451.
 (a) There is in the Department of Consumer Affairs the Allied Behavioral Health Board that consists of the following members:
(1) Five members appointed by the Governor as follows:
(A) Except as provided in subparagraph (B), a member appointed pursuant to this paragraph shall be an alcohol drug counselor licensed pursuant to this chapter and shall have at least five years of experience in their profession.
(B) From the commencement of appointments and until licenses for alcohol drug counselors are issued, the Governor shall appoint alcohol and drug addiction counselors certified by a certifying organization.
(C) Three of the members appointed by the Governor shall represent each certifying organization. In the event more than three certifying organizations exist, certifying organizations shall rotate on and off of the board according to the date of approval by the State Department of Health Care Services, with the most recent appointed last so as not to exceed three members of the board. In the event less than three certifying organizations exist, one member per organization shall be appointed and the Governor shall appoint any remaining members pursuant to subparagraphs (A) and (B).
(2) Five public members who are not licensed pursuant to this chapter or certified by a certifying organization, appointed as follows:
(A) Three members appointed by the Governor.
(B) One member appointed by the Senate Committee on Rules.
(C) One member appointed by the Speaker of the Assembly.
(3) One member, appointed by the Governor, who is a licensed physician and surgeon and who specializes in addiction medicine.
(b) Each member shall reside in the State of California.
(c) Each member of the board shall be appointed for a term of four years. A member shall hold office until the appointment and qualification of their successor or until one year from the expiration date of the term for which they were appointed, whichever occurs first.
(d) A vacancy on the board shall be filled by appointment for the unexpired term by the authority who appointed the member whose membership was vacated.
(e) On or before June 1 of each calendar year, the board shall elect a chairperson and a vice chairperson from its membership.

4452.
 (a) The board shall appoint an executive officer. This position is designated as a confidential position and is exempt from civil service under subdivision (e) of Section 4 of Article VII of the California Constitution.
(b) The executive officer serves at the pleasure of the board.
(c) The executive officer shall exercise the powers and perform the duties delegated by the board and vested in them by this chapter.
(d) With the approval of the director, the board shall fix the salary of the executive officer.
(e) The chairperson and executive officer may call meetings of the board and any duly appointed committee at a specified time and place. For purposes of this section, “call meetings” means setting the agenda, time, date, or place for any meeting of the board or any committee.

4452.
 Subject to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code) and except as provided by Sections 155, 156, and 159.5, the board may employ any clerical, technical, and other personnel as it deems necessary to carry out the provisions of this chapter, within budget limitations.

4453.
 The board shall keep an accurate record of all of its proceedings and a record of all applicants for licensure and all individuals to whom it has issued a license.

4454.
 The duty of administering and enforcing this chapter is vested in the board and the executive officer subject to, and under the direction of, the board. In the performance of this duty, the board and the executive officer have all the powers and are subject to all the responsibilities vested in, and imposed upon, the head of a department by Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code.

4455.
 (a) In order to carry out the provisions of this chapter, the board shall do, but shall not be limited to, all of the following:
(1) Adopt rules and regulations to implement this chapter. chapter on or before December 31, 2027.
(2) Issue licenses and register interns and trainees.
(3) Establish procedures for the receipt, investigation, and resolution of complaints against licensees, interns, and trainees.
(4) Take disciplinary action against a licensee, intern, or trainee where appropriate, including, but not limited to, censure or reprimand, probation, suspension, or revocation of the license or registration, or imposition of fines or fees.
(5) Establish continuing education requirements for licensees.
(6) Establish criteria to determine whether the curriculum of an educational institution satisfies the licensure requirements imposed by this chapter.
(7) Select one or more license examinations to qualify applicants for licensure.
(8) Establish parameters of unprofessional conduct for licensees that are consistent with generally accepted ethics codes for the profession.
(9) Establish reinstatement procedures for an expired or revoked license.
(10) Establish supervisory requirements for interns.
(11) Establish a process for approving supervised work experience hours earned by applicants that were obtained while certified by an approved certification organization, prior to completion of a master’s degree.
(12) Align licensure requirements to the Substance Abuse and Mental Health Services Administration’s career ladder for substance use disorder counselors.
(13) Establish procedures for approving reciprocity for licenses obtained in other states or nations.
(b) The board may perform the following activities:
(1) Collaborate with the Department of Health Care Access and Information concerning workforce development strategies that impact behavioral health professions.
(2) Assist the relevant committee in reviewing and making determinations regarding sunrise review applications, pursuant to Article 8 (commencing with Section 9148) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, for emerging behavioral health license or certification programs.
(3) Refer complaints about licensed and certified behavioral health workers to appropriate agencies and private organizations and catalog complaints about unlicensed behavioral health workers.
(c) The board shall consult the public, especially people in recovery, providers of substance use disorder services, and organizations that certify substance use disorder counselors before adopting regulations and standards pursuant to subdivision (a).

4456.
 (a) A licensee may engage in the practice of alcohol and drug counseling. For purposes of this chapter, the “practice of alcohol and drug counseling” means performing any of the following 12 core functions for the purpose of treating substance use disorder:
(1) Screening. The process by which a client is determined to be eligible for admission to a particular alcohol and drug treatment program.
(2) Initial Intake. The administrative and initial assessment procedures for admission to an alcohol and drug treatment program. Assessment shall not include psychological testing intended to measure or diagnose mental illness.
(3) Orientation. Describing to the client the general nature and goals of the alcohol and drug treatment program, including rules governing client conduct and infractions that can lead to disciplinary action or discharge from the program.
(4) Alcohol and drug counseling, including individual, group, and significant others. The utilization of special skills to assist individuals, families, or groups in achieving objectives through exploration of a problem and its ramifications, examination of attitudes and feelings, considerations of alternative solutions, and decisionmaking as each relates to substance abuse. Counseling shall be limited to assisting a client in learning more about themselves for the purposes of understanding how to effectuate clearly perceived, realistically defined goals related to abstinence. Counseling is limited to assisting the client to learn or acquire new skills that will enable the client to cope and adjust to life situations without the use of substances.
(5) Case management. Activities that bring services, agencies, resources, or individuals together within a planned framework of action toward achievement of established goals. It may involve liaison activities and collateral contacts.
(6) Crisis intervention. Those services that respond to an alcohol or drug abuser’s needs during acute emotional or physical distress.
(7) Assessment. Those procedures by which a counselor or program identifies and evaluates an individual’s strengths, weaknesses, problems, and needs for the development of the alcohol and drug treatment plan.
(8) Treatment planning. The process by which the counselor and the client identify and rank problems needing resolution, establish agreed-upon immediate and long-term goals, and decide on a treatment process and the resources to be utilized.
(9) Client education. Providing information to individuals and groups concerning alcohol and other drugs of abuse and the services and resources available.
(10) Referral. Identifying the needs of the client that cannot be met by the counselor or agency, as well as assisting the client in utilizing the support systems and community resources available.
(11) Reports and recordkeeping. Documenting the client’s progress in achieving the client’s goals.
(12) Consultation with other professionals in regard to client treatment or services. Communicating with other professionals to ensure comprehensive, quality care for the client.
(b) Unless otherwise licensed, a licensee may perform the acts listed in this section only for the purpose of treating a substance use disorder.
(c) This section shall not be construed to constrict or limit a person duly licensed by the Medical Practice Act (Chapter 5 (commencing with Section 2000)), the Nursing Practice Act (Chapter 6 (commencing with Section 2700)), the Psychology Licensing Law (Chapter 6.6 (commencing with Section 2900)), the Licensed Marriage and Family Therapist Act (Chapter 13 (commencing with Section 4980)), or the Clinical Social Worker Practice Act (Chapter 14 (commencing with Section 4991)) from providing a core function, provided the individual does not use the title “Licensed Alcohol Drug Counselor.”

Article  2. Licensure

4457.
 (a) For a period not to exceed 18 months from the time the board commences issuing licenses, the board may issue an alcohol drug counselor license if the applicant satisfies the following requirements:
(1) Completion of an application for a license.
(2) Payment of the fees prescribed by the board.
(3) Possession of a master’s degree in alcohol and drug counseling or related counseling master’s degree that meets the board’s requirements to sit for an exam described in paragraph (4).
(4) Passing the International Certification and Reciprocity Consortium Advanced Alcohol and Other Drug Abuse Counselor written examination, the National Certification Commission for Addiction Professionals Master of Addiction Counseling written examination, or another equivalent examination, as determined by the board.
(b) No later than 18 months from the time the board commences approving licenses, the board may issue an alcohol drug counselor license if the applicant satisfies the following requirements:
(1) Completion of an application for a license.
(2) Payment of the fees prescribed by the board.
(3) Documentation of both of the following:
(A) Possession of a master’s degree in alcohol and drug counseling or related counseling master’s degree obtained from a school, college, or university that, at the time the degree was conferred, was approved by the board and was accredited by the Western Association of Schools and Colleges or a nationally accredited learning institution approved by the board.
(B) The master’s degree required pursuant to subparagraph (A) or the master’s degree and additional coursework include at least 315 hours of core education in alcohol drug counseling that aligns with national standards of competence approved by the board.
(4) Completion of a supervised practicum from an educational institution approved by the board.
(5) Passing a written examination approved by the board.
(6) Documentation of either of the following:
(A) The applicant, at the time of application, is certified by a certifying organization.
(B) The applicant has completed 2,000 hours of postgraduate supervised work experience.

4458.
 A licensee shall attest to the board every two years, on a form prescribed by the board, that they have completed continuing education coursework that is offered by a board-approved provider and that is in or relevant to the field of alcohol drug counseling. The board may require licensees to take specific coursework, including, but not limited to, coursework concerning supervisory training, as a condition of license renewal.
(a) The board may audit the records of a licensee to verify the completion of the continuing education requirement.
(b) A licensee shall maintain records of completion of required continuing education coursework for a minimum of five years and shall make these records available to the board for auditing purposes upon request.
(c) An attestation made pursuant to this section shall not be subject to penalty of perjury.

4459.
 The board shall renew an unexpired license of a licensee who meets the following qualifications:
(a) The licensee has applied for renewal on a form prescribed by the board and paid the required renewal fee.
(b) The licensee attests compliance with continuing education requirements pursuant to Section 4458. An attestation made pursuant to this subdivision shall not be subject to penalty of perjury.
(c) The licensee has notified the board whether they have been subject to, or whether another board has taken, disciplinary action since the last renewal.

4460.
 The board may renew an expired license of a former licensee who meets the following qualifications:
(a) The former licensee has applied for renewal on a form prescribed by the board within three years of the expiration date of the license.
(b) The former licensee has paid the renewal fees that would have been paid if the license had not been delinquent.
(c) The former licensee has paid all delinquency fees.
(d) The former licensee attests compliance with continuing education requirements, including for the time the license was expired. An attestation made pursuant to this subdivision shall not be subject to penalty of perjury.
(e) The former licensee notifies the board whether they have been subject to, or whether another board has taken, disciplinary action against the former licensee since the last renewal.

4461.
 (a) A license that is not renewed within three years after its expiration may not be renewed, restored, reinstated, or reissued thereafter, but the former licensee may apply for and obtain a new license if all of the following are satisfied:
(1) No fact, circumstance, or condition exists that, if the license were issued, would justify its revocation or suspension.
(2) The former licensee pays the fees that would be required if they were applying for a license for the first time.
(3) The former licensee meets the corresponding requirements for licensure as a licensed alcohol drug counselor at the time of application.
(b) A suspended license is subject to expiration and may be renewed as provided in this article, but the renewal does not entitle the licensee, while it remains suspended and until it is reinstated, to engage in the activity for which the license related, or in any other activity or conduct in violation of the order or judgment by which it was suspended.
(c) A revoked license is subject to expiration, but it may not be renewed. If it is reinstated after its expiration, the licensee shall, as a condition precedent to its reinstatement, pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated, plus the delinquency fee, if any, accrued at the time of its revocation.

4462.
 (a) A licensed alcohol drug counselor may apply to the board to request that their license be placed on inactive status. A licensee who holds an inactive license shall pay a biennial fee of one-half of the active renewal fee and shall be exempt from continuing education requirements, but shall otherwise be subject to this chapter and shall not engage in the practice of alcohol drug counseling in this state.
(b) A licensee on inactive status who has not committed any acts or crimes constituting grounds for denial of licensure may, upon their request, have their license placed on active status. A licensee requesting their license to be placed on active status at any time between a renewal cycle shall pay one-half of the renewal fee.

Article  3. Enforcement

4463.
 (a) Before issuing a license pursuant to Section 4457, the board shall review the state, national, and federal criminal history of the applicant.
(b) (1) (A) The board shall deny, suspend, delay, or set aside a person’s license application if, at the time of the board’s determination, the person has a criminal conviction or criminal charge pending, relating to an offense for which the circumstances 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 board in sufficient specificity to enable the board to make a determination as to whether the conviction or charge is substantially related to actions as a licensed alcohol and drug counselor.
(2) After a hearing or review of documentation demonstrating that the applicant meets all of the following criteria for a waiver, the board may waive the requirements of this subdivision:
(A) Either of the following:
(i) For waiver of a felony conviction, more than five years has elapsed since the date of the conviction, and at the time of the application, the applicant is not incarcerated, on work release, on probation, on parole, on postrelease 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.
(ii) 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 postrelease 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) The applicant is capable of practicing licensed alcohol and drug treatment counselor services in a competent and professional manner.
(C) Granting the waiver will not endanger the public health, safety, or welfare.
(3) A past criminal conviction shall not serve as an automatic exclusion for licensure. The board shall evaluate the circumstances leading to conviction and determine if the person meets the conditions in subparagraphs (B) and (C) of paragraph (2) in determining approval or denial of the application.

4464.
 (a) A person shall not use the title of “Licensed Alcohol Drug Counselor” unless the person has applied for and obtained a license from the board pursuant to Section 4457.
(b) A violation of subdivision (a) shall be punishable by an administrative penalty not to exceed ten thousand dollars ($10,000).

4465.
 (a) This chapter does not constrict, limit, or withdraw the Medical Practice Act (Chapter 5 (commencing with Section 2000)), the Nursing Practice Act (Chapter 6 (commencing with Section 2700)), the Psychology Licensing Law (Chapter 6.6 (commencing with Section 2900)), the Licensed Marriage and Family Therapist Act (Chapter 13 (commencing with Section 4980)), or the Clinical Social Worker Practice Act (Chapter 14 (commencing with Section 4991)).
(b) This chapter does not require a person employed or volunteering at a certified outpatient treatment program or licensed residential treatment facility to obtain a license.
(c) A licensee shall display their license in a conspicuous place in the licensee’s primary place of practice.
(d) A licensed alcohol and drug counselor who conducts a private practice under a fictitious business name shall not use any name that is false, misleading, or deceptive and shall inform the patient, prior to the commencement of treatment, of the name and license designation of the owner or owners of the practice.
(e) A licensee or registrant shall give written notice to the board of a name change within 30 days after each change, giving both the old and new names. A copy of the legal document authorizing the name change, such as a court order or marriage certificate, shall be submitted with the notice.

4466.
 The board may refuse to issue a registration or license, or may suspend or revoke the license or registration of any registrant or licensee, if the applicant, licensee, or registrant has been guilty of unprofessional conduct. Unprofessional conduct shall include, but not be limited to, all of the following:
(a) The conviction of a crime substantially related to the qualifications, functions, or duties of a licensee or registrant under this chapter. The record of conviction shall be conclusive evidence only of the fact that the conviction occurred. The board may inquire into the circumstances surrounding the commission of the crime in order to fix the degree of discipline or to determine if the conviction is substantially related to the qualifications, functions, or duties of a licensee or registrant under this chapter. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, or duties of a licensee or registrant under this chapter shall be deemed to be a conviction within the meaning of this section. The board may order any license or registration suspended or revoked, or may decline to issue a license or registration when the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing the person to withdraw a plea of guilty and enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(b) Securing a license or registration by fraud, deceit, or misrepresentation on any application for licensure or registration submitted to the board, whether engaged in by an applicant for a license or registration, or by a licensee in support of any application for licensure or registration.
(c) Administering to themselves any controlled substance or using any of the dangerous drugs specified in Section 4022, or any alcoholic beverage to the extent, or in a manner, as to be dangerous or injurious to the person applying for a registration or license or holding a registration or license under this chapter, or to any other person, or to the public, or, to the extent that the use impairs the ability of the person applying for or holding a registration or license to conduct with safety to the public the practice authorized by the registration or license, or the conviction of more than one misdemeanor or any felony involving the use, consumption, or self-administration of a substance referred to in this subdivision after becoming licensed. The board shall deny an application for a registration or license or revoke the license or registration of a person who uses or offers to use drugs in the course of performing alcoholism and drug abuse counseling services.
(d) Gross negligence or incompetence in the performance of alcoholism and drug abuse counseling services.
(e) Violating, attempting to violate, or conspiring to violate this chapter or a regulation adopted by the board.
(f) Misrepresentation as to the type or status of a license or registration held by the person, or otherwise misrepresenting or permitting misrepresentation of their education, professional qualifications, or professional affiliations to a person or entity.
(g) Impersonation of another by a licensee, registrant, or applicant for a license or registration, or, in the case of a licensee, allowing any other person to use their license or registration.
(h) Aiding or abetting, or employing, directly or indirectly, an unlicensed or unregistered person to engage in conduct for which a license or registration is required under this chapter.
(i) Intentionally or recklessly causing physical or emotional harm to a client.
(j) The commission of any dishonest, corrupt, or fraudulent act substantially related to the qualifications, functions, or duties of a licensee or registrant.
(k) Engaging in sexual relations with a client, or a former client within two years following termination of services, soliciting sexual relations with a client, or committing an act of sexual abuse, or sexual misconduct with a client, or committing an act punishable as a sexually related crime, if that act or solicitation is substantially related to the qualifications, functions, or duties of an alcoholism and drug abuse counselor.
(l) Failure to maintain confidentiality, except as otherwise required or permitted by law, of all information that has been received from a client in confidence during the course of treatment and all information about the client that is obtained from tests or other means.
(m) Before the commencement of treatment, failing to disclose to the client or prospective client the fee to be charged for the professional services, or the basis upon which that fee will be computed.
(n) Paying, accepting, or soliciting consideration, compensation, or remuneration, whether monetary or otherwise, for the referral of professional clients. All consideration, compensation, or remuneration shall be in relation to professional counseling services actually provided by the licensee. Nothing in this subdivision shall prevent collaboration among two or more licensees in a case or cases. However, a fee shall not be charged for that collaboration, except when disclosure of the fee has been made in compliance with subdivision (n).
(o) Advertising in a manner that is false, misleading, or deceptive.
(p) Conduct in the supervision of a registered intern by a licensee that violates this chapter or rules or regulations adopted by the board.
(q) Performing or holding oneself out as being able to perform professional services beyond the scope of one’s competence, as established by one’s education, training, or experience. This subdivision shall not be construed to expand the scope of the license authorized by this chapter.
(r) Permitting a registered intern, trainee, or applicant for licensure under one’s supervision or control to perform, or permitting the registered intern, trainee, or applicant for licensure to hold themselves out as competent to perform, professional services beyond the registered intern’s, trainee’s, or applicant for licensure’s level of education, training, or experience.
(s) The violation of a statute or regulation governing the training, supervision, or experience required by this chapter.
(t) Failure to maintain records consistent with sound clinical judgment, the standards of the profession, and the nature of the services being rendered.
(u) Failure to comply with the child abuse reporting requirements of Section 11166 of the Penal Code.
(v) Failure to comply with the elder and dependent adult abuse reporting requirements of Section 15630 of the Welfare and Institutions Code.
(w) Willful violation of Chapter 1 (commencing with Section 123100) of Part 1 of Division 106 of the Health and Safety Code.

4467.
 The board may deny an application, or may suspend or revoke a license or registration issued under this chapter, for any of the following:
(a) Denial of licensure, revocation, suspension, restriction, or any other disciplinary action imposed by another state or territory or possession of the United States, or by any other governmental agency, on a license, certificate, or registration to practice alcoholism and drug abuse counseling, or any other healing art, shall constitute unprofessional conduct. A certified copy of the disciplinary action decision or judgment shall be conclusive evidence of that action.
(b) Revocation, suspension, or restriction by the board of a license, certificate, or registration to practice as a marriage and family therapist, clinical social worker, or educational psychologist shall also constitute grounds for disciplinary action for unprofessional conduct against the licensee or registrant under this chapter.
(c) Written documentation from the State Department of Health Care Services demonstrating that the department has ruled that a certification should be revoked by a private certifying organization.

4468.
 The board shall revoke a license issued under this chapter upon a decision made in accordance with the procedures set forth in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code that contains any finding of fact that the licensee or registrant engaged in any act of sexual contact, as defined in Section 729, when that act is with a patient, or with a former patient when the relationship was terminated primarily for the purpose of engaging in that act. The revocation shall not be stayed by the administrative law judge or the board.

4469.
 The proceedings conducted under this article shall be held in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

Article  4. Revenue

4470.
 (a)The board may establish fees for licensure under this chapter. The total amount of fees collected pursuant to this chapter shall not exceed the reasonable regulatory cost to the board for administering this chapter. The license fee for an original license and license renewal shall not exceed two hundred dollars ($200) for the first 10 years of operation or until the board is self-funded, whichever is later.

(b)All unencumbered funds appropriated from licensing or certification fees in the Residential and Outpatient Program Licensing Fund to the State Department of Health Care Services for the purpose of certification oversight of substance use disorder counselors are hereby reverted to the fund.

Article  5. Operation

4471.
 This chapter shall become operative upon the appropriation by the Legislature of funds allocated to the state from any of the following:
(a) Current or future substance use disorder workforce expansion funds received by the Department of Health Care Access and Information.
(b) Current or future substance use disorder workforce expansion funds received by the State Department of Health Care Services.
(c) Current or future allocations from the Opioid Settlement Fund.
(d) State opioid response grant funding.
(e) Other funding provided to the state to address addiction and overdose.
(f) Adult use of marijuana funding.

SEC. 2.Section 11833 of the Health and Safety Code is amended to read:
11833.

(a)The department shall have the sole authority in state government to determine the qualifications, including the appropriate skills, education, training, and experience, of personnel working within alcoholism or drug abuse recovery and treatment programs licensed, certified, or funded under this part.

(b)(1)The department shall determine the required core competencies for registered and certified counselors working within an alcoholism or drug abuse recovery and treatment program described in subdivision (a). The department shall consult with affected stakeholders in developing these requirements.

(2)Core competencies shall include all of the following elements:

(A)Knowledge of the current Diagnostic and Statistical Manual of Mental Disorders.

(B)Knowledge of the American Society of Addiction Medicine (ASAM) criteria and continuum of ASAM levels of care, or other similar criteria and standards as approved by the department.

(C)Cultural competence, including for people with disabilities, and its implication for treatment.

(D)Case management.

(E)Utilization of electronic health records systems.

(F)Knowledge of medications for addiction treatment.

(G)Clinical documentation.

(H)Knowledge of cooccurring substance use and mental health conditions.

(I)Confidentiality.

(J)Knowledge of relevant law and ethics.

(K)Understanding and practicing professional boundaries.

(L)Delivery of services in the behavioral health delivery system.

(3)Core competency requirements described in paragraph (2) shall align with national certification domains and competency exams. The hours completed for the core competency requirements under paragraph (2) shall count toward the education requirements for substance use disorder counselor certification.

(4)Hour requirements for registered counselors shall not be lower than the hour requirements approved by the department for certified peer support specialists.

(5)Counselors shall have six months from the time of registration to complete the core competency requirements under paragraph (2). A counselor shall provide to the certifying organization that they are registered with proof of completion of the required hours within that timeframe.

(6)The department shall not implement the core competency requirements described in paragraph (2) for registered and certified counselors registering or certifying with a state-approved substance use disorder counselor certifying organization before July 1, 2025.

(7)Counselors in good standing that registered with a state-approved substance use disorder counselor certifying organization prior to July 1, 2025, are exempt from the requirements detailed in paragraph (4).

(8)For the purposes of this subdivision, “in good standing” means registrants with an active registration status.

(9)Counselors in good standing that are registered with a state-approved substance use disorder counselor certifying organization and have a master’s degree in psychology, social work, marriage and family therapy, or counseling are exempt from the core competency requirements in paragraph (2).

(10)The department shall not specify and implement the hour requirements pursuant to paragraph (4) before July 1, 2025.

(c)(1)Except as set forth in subdivision (d), an individual providing counseling services working within a program described in subdivision (a) shall be registered with, or certified by, a certifying organization approved by the department to register and certify counselors.

(2)The department shall not approve a certifying organization that does not, prior to registering or certifying an individual, contact other department-approved certifying organizations to determine whether the individual has ever had their registration or certification revoked or has been removed from a postgraduate practicum for an ethical or professional violation.

(d)(1)The following individuals are exempt from the requirement in paragraph (1) of subdivision (c) to be registered or certified by a department-approved certifying organization:

(A)A graduate student affiliated with university programs in psychology, social work, marriage and family therapy, or counseling, who is completing their supervised practicum hours to meet postgraduate requirements.

(B)An associate registered with the Board of Behavioral Sciences.

(C)A licensed professional, as defined by the department.

(2)A program providing practicum for graduate students exempted from registration or certification in paragraph (1) shall notify department-approved certifying organizations if a graduate student is removed from the practicum as a result of an ethical or professional conduct violation, as determined by either the university or the program.

(e)If a counselor’s registration or certification has been previously revoked or the individual has been removed from a postgraduate practicum for an ethical or professional conduct violation, the certifying organization shall deny the request for registration and shall send the counselor a written notice of denial. The notice shall specify the counselor’s right to appeal the denial in accordance with applicable statutes and regulations.

(f)The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (e), and to take actions for noncompliance, including revocation of the department’s approval.

(g)(1)Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, without taking any further regulatory action, shall implement, interpret, or make specific the changes made to this section in the 2021–22 Legislative Session by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions.

(2)The department shall adopt regulations by December 31, 2027, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.