CHAPTER
10.5. Alcoholism and Drug Abuse Counselors
4700.
This chapter shall be known and may be cited as the Alcoholism and Drug Abuse Counselors Licensing Law.4701.
The Board of Behavioral Sciences shall administer and enforce this chapter.4702.
For purposes of this chapter, the following terms have the following meanings:(a) “Board” means the Board of Behavioral Sciences.
(b) “Intern” means an unlicensed person who meets the requirements of Section 4713 and is registered with the board.
(c) “IC&RC” means the International Certification & Reciprocity Consortium/Alcohol & Other Drug Abuse, Inc., an organization comprised of domestic and international organizations involved in credentialing and licensing alcohol and other drug abuse counselors.
(d) “Licensed alcoholism and drug abuse counselor I” means a
person licensed by the board to practice alcoholism and drug abuse counseling under clinical supervision.
(e) “Licensed alcoholism and drug abuse counselor II” means a person licensed by the board to conduct an independent practice of alcoholism and drug abuse counseling and to provide supervision to other alcoholism and drug abuse counselors.
(f) “Applicant” means an unlicensed person who has completed the education requirements, as specified in subdivisions (b) and (c) of Section 4713, and whose application for registration as an intern is pending, or an unlicensed person who has completed the requirements for licensure as specified in this chapter, is not registered with the board as an intern, and is currently in the examination process.
(g) “Experience” means experience in the 12 Core Functions of alcoholism and
drug abuse counseling.
(h) “Referral agent” means a licensed professional, including, but not limited to, a marriage and family therapist, a licensed clinical social worker, a licensed psychologist, a licensed physician certified in psychiatry by the American Board of Psychiatry and Neurology, or a physician who has completed a residency but is not yet board certified in psychiatry, who receives referrals from a licensed alcoholism and drug abuse counselor pursuant to Section 4723.
(i) “Clinical supervision” means the ongoing process of direct review of a supervisee for the purpose of ensuring administrative accountability, enhancing training and education, and ensuring quality control. The direct review shall be performed by a qualified supervisor who monitors the performance of the 12 Core Functions and provides regular consultation, guidance, and instruction with respect to the
counseling skills and competencies of the supervisee.
(j) “Twelve Core Functions” means the performance parameters utilized by alcoholism and drug abuse counselors as established by the IC&RC and identified in subdivision (a) of Section 4720.
(k) “Advertise” includes, but is not limited to, the issuance of any card, sign, or device to any person, or the causing, permitting, or allowing of any sign or marking on, or in, any building or structure, or in any newspaper or magazine or in any directory, or any printed matter whatsoever, with or without any limiting qualification. It also includes business solicitations communicated by radio or television broadcasting. Signs within church buildings or notices in church bulletins mailed to a congregation shall not be construed as advertising within the meaning of this chapter.
(l) “Trainee” means an unlicensed person who is currently enrolled in a course of education that is designed to qualify him or her for licensure under this chapter and who has completed no less than 12 semester units or 18 quarter units of coursework in any qualifying educational program.
(m) “Registrant” means a person who is registered as an intern under this chapter.
4703.
In order to carry out the provisions of this chapter, the board shall do, but shall not be limited to, all of the following:(a) Adopt rules and regulations to implement this chapter.
(b) Issue licenses and registrations beginning January 1, 2010.
(c) Take disciplinary action against a licensee or intern, where appropriate, including, but not limited to, censure or reprimand, or probation, suspension, or revocation of the license or registration, or imposition of fines or fees.
(d) Establish continuing education requirements for licensees.
(e) Establish procedures for the receipt, investigation, and resolution of complaints against licensees and interns.
(f) Establish criteria to determine whether the curriculum of an educational institution satisfies the licensure requirements imposed by this chapter.
(g) Establish parameters of unprofessional conduct for licensees that are consistent with generally accepted ethics codes for the profession.
(h) Establish reinstatement procedures for an expired or revoked license.
(i) Establish supervision and supervisory requirements for interns.
4704.
(a) Nothing in this chapter shall be construed to 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 Act (Chapter 6.6 (commencing with Section 2900)), the 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 shall not apply to the following:
(1) A trainee provided that the activities and services he or she performs as a trainee constitute part of the trainee’s supervised course of study and provided that, when
performing those services, he or she is designated by the title “trainee.” A trainee may gain hours of experience outside the required practicum.
(2) A person who engages in the practice of alcoholism and drug abuse counseling, as defined in Section 4721, if the person is qualified or licensed to engage in that practice and is employed or volunteers at a program administered by a governmental agency.
(c) A licensee shall display his or her license in a conspicuous place in the licensee’s primary place of practice.
(d) Any licensed alcoholism and drug abuse 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.
4705.
(a) On and after January 1, 2010, and until December 31, 2011, the board shall issue an alcoholism and drug abuse counselor II license to a person who meets all of the following requirements:(1) Completes an application for a license.
(2) Pays the fees prescribed by the board.
(3) Obtains one of the following:
(A) Current certification by the California Association of Alcoholism and Drug Abuse Counselors as a Certified Alcohol and Drug Counselor I (CADC I) or a Certified Alcohol and Drug Counselor II (CADC II).
(B) Current certification by the National Association of Alcohol and Drug Abuse Counselors as a National Certified Addiction Counselor II (NCAC II).
(C) Current certification by the IC&RC as an International Certified Alcohol and Drug Abuse Counselor (ICADC).
(D) Current certification by an organization recognized by the Department of Alcohol and Drug Programs and accredited by the National Commission on Certifying Agencies (NCCA) if the certification requirements are, at the date of licensure, substantially equivalent to those of a certification listed in subparagraphs (A), (B), or (C).
(4) Produces documentation of either of the following:
(A) At least 10,000 hours of experience in direct
alcoholism and drug abuse counseling services, including 4,000 hours of experience in clinical supervision.
(B) At least 10,000 hours of experience in direct alcoholism and drug abuse counseling services and current licensure in a mental health field requiring at least a master’s degree.
(b) The term of a license issued under this section is two years. The license may be renewed upon application to the board, showing proof of completion of the required continuing education, and payment of the renewal fee prescribed by the board. If a person licensed under this section fails to renew the license on or before the expiration date of the license, the person shall be required to meet the requirements listed in subdivision (a) of Section 4706 in order to obtain a new license.
4706.
(a) On and after January 1, 2012, the board shall issue an alcoholism and drug abuse counselor II license to a person who meets both of the following requirements:(1) Passes the written and oral examinations described in paragraph (7) of subdivision (a) of Section 4708.
(2) Holds a master’s degree in alcoholism and drug abuse counseling or a related mental health field approved by the board, obtained from a school, college, or university that, at the time the degree was conferred, was accredited by the Western Association of Schools and Colleges, or a nationally accredited learning institution approved by the board.
(b) The term of a license issued under this section is two years. The license may be renewed upon application to the board, showing proof of completion of the required continuing education, and payment of the renewal fee prescribed by the board.
4707.
(a) On and after January 1, 2010, and until December 31, 2011, the board shall issue an alcoholism and drug abuse counselor I license to a person who meets all of the following requirements:(1) Completes an application for a license.
(2) Pays the fees prescribed by the board.
(3) Obtains one of the following:
(A) Current certification by the California Association of Alcoholism and Drug Abuse Counselors as a Certified Alcohol and Drug Counselor I (CADC I) or a Certified Alcohol and Drug Counselor II (CADC II).
(B) Current certification by the National Association of Alcohol and Drug Abuse Counselors as a National Certified Addiction Counselor II (NCAC II).
(C) Current certification by the IC&RC as an International Certified Alcohol and Drug Abuse Counselor (ICADC).
(D) Current certification by an organization recognized by the Department of Alcohol and Drug Programs and accredited by the National Commission on Certifying Agencies (NCCA) if the certification requirements are, at the date of licensure, substantially equivalent to those of a certification listed in subparagraphs (A), (B), or (C).
(b) The term of a license issued under this section is two years. The license may be renewed upon application to the board, showing proof of completion of the required
continuing education, and payment of the renewal fee prescribed by the board. If a person licensed under this section fails to renew the license on or before the expiration date of the license, the person shall be required to meet the requirements listed in subdivision (a) of Section 4708 in order to obtain a new license.
(a) On and after January 1, 2012, the board shall issue an alcoholism and drug abuse counselor I license to a person who meets all of the following requirements:
4708.
(1) Completes an application for a license.(2) Pays the fees prescribed by the board.
(3) Is a high school graduate or possesses a general education development equivalent.
(4) Completes a minimum of 315 hours of classroom instruction in alcoholism and drug abuse, including a 45-hour classroom practicum course offered by a provider approved by the board.
(5) Completes a minimum of 255 hours of field work in a clinically supervised practicum.
(6) Completes a minimum of 6,000 hours of supervised work experience in the 12 Core Functions defined in subdivision (j) of Section 4702.
(7) Passes the written and oral examinations offered by the IC&RC or as required by the board under Section 4709.
(b) The term of a license issued under this section is two years. The license may be renewed upon application to the board, showing proof of completion of the required continuing education, and payment of the renewal fee prescribed by the board.
4708.1.
In consultation with the public and interested parties, the board may periodically review the requirements for attainment and renewal of licenses authorized under this chapter. Based on the findings of the review, the board may recommend enhanced requirements for each license category to be enacted by legislation or regulation. Under no circumstances shall the board adopt or seek to enact lower licensure requirements or standards.4709.
The board may evaluate the examinations required by paragraph (7) of subdivision (a) of Section 4708 prior to their use to determine whether they meet the prevailing standards of the Office of Examination Resources and are adequate at measuring the skills and knowledge required to deliver safe and effective alcoholism and drug abuse counseling services. The board may develop an alternate or supplemental examination if it deems necessary. If an alternate or supplemental examination is developed, the examinations in paragraph (7) of subdivision (a) of Section 4708 shall be used until that alternate or supplemental examination is adopted. Examinations shall be given at least twice a year at a time and place and under supervision as the board may determine.4710.
(a) An applicant who fails an examination may take subsequent examinations upon payment of the required examination fee.(b) The board may establish the criteria under which an applicant may take subsequent examinations.
4711.
The board may issue an alcoholism and drug abuse counselor I or II license to any person who, at the time of application, has held for at least two years a valid license issued by a board of alcoholism and drug abuse counseling, or corresponding authority, of any state, if the education and supervised experience requirements are substantially equivalent to the respective requirements for an alcoholism and drug abuse counselor I or II license imposed under this chapter and the person successfully completes the board-administered licensing examinations, as specified by paragraph (7) of subdivision (a) of Section 4708, and pays the required fee.4712.
(a) Experience gained outside of California shall be accepted toward the licensure requirements if it is substantially equivalent to that required by this chapter and if the applicant has gained a minimum of 250 hours of supervised experience in direct counseling within California while registered as an intern with the board.(b) Education gained outside of California shall be accepted toward the licensure requirements if it is substantially equivalent to the education requirements of this chapter.
4713.
On and after January 1, 2010, the board may register a person as an intern if the person meets all of the following requirements:(a) Is a high school graduate or possesses a general educational development equivalent.
(b) Completes a minimum of 315 hours of classroom instruction in alcoholism and drug abuse, including a 45-hour classroom practicum course offered by a provider approved by the board.
(c) Has passed the written examination offered by the IC&RC or as required by the board under Section 4709.
(d) Has not committed acts constituting grounds for denial of
licensure.
(e) Has not been convicted of a crime that involves sexual abuse of children and is not required to register as a sex offender.
4714.
A person registered as an intern under this chapter shall do all of the following:(a) Be registered with the board prior to performing any duties.
(b) File for renewal of registration annually for a maximum of five years after initial registration with the board. Renewal of registration shall include filing an application for renewal, paying a renewal fee prescribed by the board, and notifying the board whether disciplinary action has been taken by a regulatory or licensing board in this or any other state subsequent to the issuance of the initial registration or the registrant’s last renewal.
(c) Inform a client prior to performing a
professional service that he or she is unlicensed and under the supervision of a licensed alcoholism and drug abuse counselor II, a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, a licensed physician certified in psychiatry by the American Board of Psychiatry and Neurology, or a licensed physician who has completed a residency in psychiatry, whichever is applicable.
4715.
(a) Continued employment as an intern shall cease after six years unless the requirements of subdivision (b) are met. No registration shall be renewed or reinstated beyond the six years from initial issuance regardless of whether it has been revoked.(b) When no further renewals are possible, an applicant may apply for and obtain new intern registration status if the applicant meets the educational requirements for registration in effect at the time of the application for a new intern registration.
4716.
All interns shall at all times be supervised in accordance with regulations adopted by the board. Supervision of intern hours requires that a treatment agency sign a contract or memorandum of understanding with the state board which signifies that the onsite internship is based on direct services in the 12 Core Functions. Interns must comply with all laws, rules, and regulations governing the practice of alcoholism and drug abuse counseling. Experience may be gained by the intern solely as part of the position for which the intern is employed. An intern may be credited with supervised experience completed in any setting that meets both of the following:(a) Lawfully and regularly provides alcoholism and drug abuse counseling.
(b) Provides oversight to ensure that the intern’s work at the setting meets the experience and supervision requirements set forth in this chapter and is within the scope of practice for the profession as defined in subdivision (a) of Section 4720.
4717.
A person shall register with the board as an intern before commencing employment or volunteer work in a private practice setting. Intern registration must be complete in order to be credited for hours of supervised experience gained toward licensure.4718.
Interns shall only perform services at the place where their employers regularly conduct business, which may include performing services at other locations, as long as the services are performed under the direction and control of their employer and in compliance with the laws and regulations pertaining to supervision.4719.
Interns shall have no proprietary interest in the employer’s business and shall not receive any remuneration from patients or clients, and shall only be paid by their employers. Interns shall not be considered independent contractors.4720.
(a) A licensee may engage in the practice of alcoholism and drug abuse counseling. For purposes of this chapter, the “practice of alcoholism and drug abuse counseling” means performing any of the following 12 Core Functions for the purpose of treating alcoholism and drug abuse:(1) Screening. The process by which a client is determined to be eligible for admission to a particular alcoholism and drug abuse treatment program.
(2) Initial Intake. The administrative and initial assessment procedures for admission to an alcoholism and drug abuse 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 alcoholism and drug abuse treatment program, including rules governing client conduct and infractions that can lead to disciplinary action or discharge from the program.
(4) Alcoholism and drug abuse 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 himself or herself 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 which 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 alcoholism and drug abuse 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) A licensee may perform the acts listed in this section only for the purpose of treating alcoholism and drug abuse.
4721.
(a) The scope of practice for a licensed alcoholism and drug abuse counselor II shall include both of the following:(1) The 12 Core Functions described in subdivision (a) of Section 4720.
(2) Clinical supervision of interns and licensed alcoholism and drug abuse counselors I.
(b) The scope of practice for a licensed alcoholism and drug abuse counselor I shall include the 12 Core Functions described in subdivision (a) of Section 4720.
(1) A licensed alcoholism and drug abuse counselor I performing the services described in subdivision (a) of Section 4720
in a private practice shall, pursuant to Section 4722, do so under the supervision of a licensed alcoholism counselor II or other clinical supervisor, as defined in Section 4722 or as deemed appropriate by the board.
(2) A licenced alcoholism and drug abuse counselor I may perform the acts listed in subdivision (a) of Section 4720 in hospitals, agencies, or other facilities where alcoholism or drug abuse services are delivered without supervision in accordance with the laws and regulations governing the facilities.
4721.1.
(a) (1) It shall be unlawful for a person to do any of the following unless he or she is licensed pursuant to this chapter:(A) Engage in any of the acts described in paragraphs (3), (4), (6), (7), (8), (10), (11), or (12) of subdivision (a) of Section 4720 with regard to alcoholism and drug abuse.
(B) Operate a private practice in alcoholism and drug abuse counseling or represent himself or herself as, or use the title or designation of, alcoholism counselor, alcohol counselor, drug counselor, alcohol and drug counselor, alcoholism and drug counselor, licensed clinical alcohol and drug counselor, certified alcohol and drug counselor, substance abuse
counselor, chemical dependency counselor, addictions counselor, certified addictions counselor, certified addictions specialist or chemical dependency supervisor, or any abbreviations for the above titles.
(C) Make use of any title, words, letters, or abbreviations that may reasonably be confused with a designation provided by this chapter to denote a standard of professional or occupational competence.
(2) It shall be unlawful for a person to represent himself or herself by the title licensed alcoholism and drug abuse counselor I or II, LADC I, or LADC II unless he or she holds the corresponding license pursuant to this chapter.
(b) A licensee shall not engage in the practice of psychology, as defined in Section 2903, the practice of marriage and family therapy, as defined in Section 4980.02, or the practice of
clinical social work, as defined in Section 4996.2.
4722.
(a) A licensed alcoholism and drug abuse counselor I performing services in a private practice setting shall be supervised by a clinical supervisor, which may include licensed alcoholism and drug abuse counselors II, marriage and family therapists, licensed clinical social workers, licensed psychologists, licensed physicians certified in psychiatry by the American Board of Psychiatry and Neurology, or physicians who have completed a residency but are not yet board certified in psychiatry. All clinical supervisors of licensed alcoholism and drug abuse counselors I shall have at least 4,000 hours of direct treatment experience in substance abuse and addiction.(b) A clinical supervisor of an alcoholism and drug abuse counselor I shall have a
written agreement with the supervisee describing the planned hours of practice, supervision schedule, nature of work assignments, and other specifications that the supervisor reasonably deems appropriate to the supervisee’s level of training.
(c) A clinical supervisor shall evaluate a supervisee at least annually, emphasizing his or her strengths and shortcomings as well as areas in which the supervisee should pursue additional knowledge or skill development. These evaluations shall be signed by both the supervisor and the supervisee and copies shall be retained by both for seven years. The board may request copies of these evaluations.
(d) Clinical supervision conducted pursuant to this section shall include at least 50 hours of face-to-face supervision per year, averaging one hour per week. Supervisees with more than five years
10,000 hours of experience as a licensed alcoholism and drug abuse counselor I may be supervised less frequently, but no less than two hours per month. This reduced supervision is at the discretion of the supervisor and is dependent upon the supervisor’s style, techniques, policies, and protocols as well as the level of skill, training, and caseload of the supervisee.
(e) A clinical supervisor shall be limited to no more than 30 supervisees at a time.
(f) An alcoholism and drug abuse counselor I shall inform a client prior to performing a professional service that he or she is licensed and under the supervision of a licensed alcoholism and drug abuse counselor II.
Licensed alcoholism and drug abuse counselors shall refer all clients for an initial assessment with a referral agent within 30 14 days of intake to assess any co-occurring needs or disorders. Those referrals shall be documented in the client’s chart. A licensee shall, in an effective and safe fashion, demonstrate the ability to refer patients in need of services that go beyond the scope of practice of alcoholism and drug abuse counseling. The licensee shall maintain current referral information for the services he or she is prohibited from providing under subdivision (b) of Section 4721.1.
4724.
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 himself or herself 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 any of the substances
referred to in this subdivision, or any combination thereof after becoming licensed. The board shall deny an application for a registration or license or revoke the license or registration of any 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 any of the provisions of this chapter or any 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 his or her education, professional qualifications, or professional affiliations to any person or entity.
(g) Impersonation of another by any licensee, registrant, or applicant for a license or registration, or, in the case of a licensee, allowing any other person to use his or her license or registration.
(h) Aiding or abetting, or employing, directly or indirectly, any 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 any 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) Performing, or holding oneself out as being able to perform, or offering to perform, or permitting any registered intern under supervision to perform, any professional services beyond the scope of the license authorized by this chapter.
(m) 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 which is obtained from tests or other means.
(n) Prior to 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.
(o) Paying, accepting, or soliciting any 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, no fee shall be charged for that collaboration, except when disclosure of the fee has been made in compliance with subdivision (n).
(p) Advertising in a manner that is false, misleading, or deceptive.
(q) Reproduction or description in public, or in any publication subject to general public distribution, of any psychological test or other assessment device, the value of which depends in whole or in part on the naivete of the subject, in ways that
might invalidate the test or device.
(r) Any conduct in the supervision of any registered intern by any licensee that violates this chapter or any rules or regulations adopted by the board.
(s) 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.
(t) Permitting a registered intern under one’s supervision or control to perform, or permitting the registered intern to hold himself or herself out as competent to perform, professional services beyond the registered intern’s scope.
(u) Receipt of credible justification from a referring agent that the licensed alcoholism and drug abuse counselor is performing services outside of the 12 Core Functions or is negligent in making
referrals for co-occurring disorders.
4725.
(a) Except as provided in subdivisions (b), (c), and (e), any accusation filed against a licensee pursuant to Section 11503 of the Government Code shall be filed within three years from the date the board discovers the alleged act or omission that is the basis for disciplinary action, or within seven years from the date the alleged act or omission that is the basis for disciplinary action occurred, whichever occurs first.(b) An accusation filed against a licensee pursuant to Section 11503 of the Government Code alleging the procurement of a license by fraud or misrepresentation is not subject to the limitations set forth in subdivision (a).
(c) The limitation provided for by
subdivision (a) shall be tolled for the length of time required to obtain compliance when a report required to be filed by the licensee or registrant with the board pursuant to Article 11 (commencing with Section 800) of Chapter 1 is not filed in a timely fashion.
(d) If an alleged act or omission involves a minor, the seven-year limitations period provided for by subdivision (a) and the 10-year limitations period provided for by subdivision (e) shall be tolled until the minor reaches the age of majority.
(e) An accusation filed against a licensee pursuant to Section 11503 of the Government Code alleging sexual misconduct shall be filed within three years after the board discovers the act or omission alleged as the grounds for disciplinary action, or within 10 years after the act or omission alleged as the grounds for disciplinary action occurs, whichever occurs first.
(f) The limitations period provided by subdivision (a) shall be tolled during any period if material evidence necessary for prosecuting or determining whether a disciplinary action would be appropriate is unavailable to the board due to an ongoing criminal investigation.
(g) For purposes of this section, “discovers” means the later of the occurrence of any of the following with respect to each act or omission alleged as the basis for disciplinary action:
(1) The date the board received a complaint or report describing the act or omission.
(2) The date, subsequent to the original complaint or report, on which the board became aware of any additional acts or omissions alleged as the basis for disciplinary action against the same individual.
(3) The date the board receives from the complainant a written release of information pertaining to the complainant’s diagnosis and treatment.
4726.
(a) An applicant for a license under this chapter shall consent to a criminal history background check. Refusal to consent to the criminal history background check constitutes grounds for denial of the license.(b) Before issuing a license to an applicant, the board shall ensure that the state and national criminal history of the applicant is reviewed.
(c) If an applicant’s criminal history background check reveals one or more convictions, the applicant shall not automatically be denied a license. With regard to each conviction, the board shall consider all of the following factors in determining whether to issue a license:
(1) The level of seriousness of the crime committed.
(2) The date that the crime was committed.
(3) The age of the applicant at the time of conviction.
(4) The circumstances surrounding the commission of the crime, if known.
(5) The nexus between the criminal conduct and the duties of a licensed alcoholism and drug abuse counselor.
(6) The applicant’s prison, jail, probation, parole, rehabilitation, and employment records since the date the crime was committed.
(d) If the board denies a license based on an applicant’s criminal history background check, the board may disclose to the applicant the information
contained in the background check that is relevant to the denial.
(e) The applicant shall have the right to appear before the board to appeal a decision made by the board pursuant to this section.
4727.
(a) The board shall renew an unexpired license of a licensee who meets the following qualifications:(1) Has applied for renewal on a form prescribed by the board and paid the required renewal fee.
(2) Has certified compliance with continuing education requirements imposed by Section 4728.
(3) Has notified the board whether he or she has been subject to, or whether another board has taken, disciplinary action since the last renewal.
4728.
(a) The board shall not renew any license pursuant to this chapter unless the licensee certifies to the board, on a form prescribed by the board, that he or she has completed, during the previous two years, not less than 60 hours of continuing education coursework that is offered by a board-approved provider and that is in or relevant to the field of alcoholism and drug abuse 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.(b) The board shall have the right to audit the records of any licensee to verify the
completion of the continuing education requirement. Licensees shall maintain records of completion of required continuing education coursework for a minimum of two years and shall make these records available to the board for auditing purposes upon request.
(c) The continuing education shall be obtained from one of the following sources:
(1) A school, college, or university accredited by the Western Association of Schools and Colleges. Nothing in this section shall be construed as requiring coursework to be offered as part of a regular degree program.
(2) Other continuing education providers approved by the board, including, but not limited to, a certified counseling association, a licensed health facility, a governmental entity, a continuing education unit of an accredited four-year institution of higher learning,
or a mental health professional association.
(d) The board shall establish, by regulation, a procedure for approving providers of continuing education courses. The board may refuse to approve continuing education credit for courses offered by providers who fail to comply with the requirements of this section or any regulation adopted pursuant to this section.
(e) Training, education, and coursework offered by approved providers shall incorporate one or more of the following:
(1) Aspects of the discipline that are fundamental to the understanding or the practice of alcoholism and drug abuse counseling.
(2) Aspects of the discipline of alcoholism and drug abuse counseling in which significant recent developments have occurred.
(3) Aspects of other disciplines that enhance the understanding or the practice of alcoholism and drug abuse counseling.
(f) The board shall, by regulation, fund the administration of this section through continuing education provider fees to be deposited in the Behavioral Sciences Fund. The fees related to the administration of this section shall be sufficient to meet, but shall not exceed, the costs of administering the corresponding provisions of this section.
4731.
(a) The board may renew an expired license for a former licensee who meets the following qualifications:(1) Applies for renewal on a form prescribed by the board within three years of the expiration date of the license.
(2) Pays the renewal fees that would have been paid if the license had not been delinquent.
(3) Pays all delinquency fees.
(4) Certifies compliance with continuing education requirements.
(5) Notifies the board whether he or she has been subject to, or whether another board
has taken, disciplinary action since the last renewal.
4730.
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:(a) No fact, circumstance, or condition exists that, if the license were issued, would justify its revocation or suspension.
(b) He or she pays the fees that would be required if he or she were applying for a license for the first time.
(c) He or she meets the corresponding requirements for licensure as a licensed alcoholism and drug abuse counselor II or a licensed alcoholism and drug abuse counselor I
under Section 4706 or 4708, respectively.
A suspended license is subject to expiration and may be renewed as provided in this chapter, but the renewal does not entitle the licensee, while it remains suspended and until it is reinstated, to engage in the activity to which the license relates, or in any other activity or conduct in violation of the order or judgment by which it was suspended.
A revoked license is subject to expiration as provided in this chapter, 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.
4733.
A licensed alcoholism and drug abuse counselor may apply to the board to request that his or her 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 specified in subdivision (a) of Section 4728, but shall otherwise be subject to this chapter and shall not engage in the practice of alcoholism and drug abuse counseling in this state. A licensee on inactive status who has not committed any acts or crimes constituting grounds for denial of licensure may, upon his or her request, have his or her license to practice alcoholism and drug abuse counseling placed on active status. A licensee requesting his or her license to be placed on active status at any time between a renewal cycle shall
pay the remaining one-half of the renewal fee. A licensee requesting to reactivate from an inactive status whose license will expire less than one year from the date of the request shall be required to complete 18 hours of continuing education for license renewal. A licensee requesting to reactivate from an inactive status whose license will expire more than one year from the date of the request shall be required to complete 36 hours of continuing education for license renewal.4734.
The board may refuse to issue any registration or license whenever it appears that an applicant may be unable to practice his or her profession safely due to mental illness or chemical dependency. The procedures set forth in Article 12.5 (commencing with Section 820) of Chapter 1 shall apply to any denial of a license or registration pursuant to this section.4735.
(a) The board may place a an intern or licensee on probation under the following circumstances:(1) Instead of, or in addition to, any order of the board suspending or revoking the license or registration of any licensee or intern.
(2) Upon the issuance of a license to an individual who has engaged in unprofessional conduct, but who has otherwise completed all licensure requirements relating to education, training, and experience.
(3) As a condition upon the reissuance or reinstatement of any license that has been suspended or revoked by the board.
(b) The board may adopt regulations establishing a monitoring program to ensure compliance with any terms or conditions of probation imposed by the board pursuant to this section. The cost of probation or monitoring may be ordered to be paid by the licensee, registrant, or applicant.
(c) The board, in its discretion, may require any licensee or registrant who has been placed on probation, or whose license or registration has been suspended, to obtain additional professional training, and to pass an examination upon completion of that training, and to pay any necessary examination fee. The examination may be written, oral, or a practical or clinical examination.
4736.
(a) A licensed alcoholism and drug abuse counselor who has been placed on probation may petition the board for reinstatement or modification of the penalty, including modification or termination of probation, after a period not less than the following minimum periods has elapsed from the effective date of the decision ordering the disciplinary action, or if the order of the board, or any portion of it, is stayed by the board itself, or by the superior court, from the date the disciplinary action is actually implemented in its entirety:(1) At least three years for reinstatement of a license that was revoked for unprofessional conduct, except that the board may, in its sole discretion at the time of adoption, specify in its order that a petition
for reinstatement may be filed after two years.
(2) At least two years for early termination of any probation period of three years or more.
(3) At least one year for modification of a condition, or reinstatement of a license revoked for mental or physical illness, or termination of probation of less than three years.
(b) The petition may be heard by the board itself, or the board may assign the petition to an administrative law judge pursuant to Section 11512 of the Government Code. The board shall give notice to the Attorney General of the filing of the petition. The petitioner and the Attorney General shall be given timely notice by letter of the time and place of the hearing on the petition, and an opportunity to present both oral and documentary evidence and argument to the board. The petitioner shall at all
times have the burden of production and proof to establish by clear and convincing evidence that he or she is entitled to the relief sought in the petition. The board, when it is hearing the petition itself, or an administrative law judge sitting in for the board, may consider all activities of the petitioner since the disciplinary action was taken, the offense for which the petitioner was disciplined, the petitioner’s activities during the time his or her license was in good standing, and the petitioner’s rehabilitative efforts, general reputation for truth, and professional ability.
(c) The hearing may be continued from time to time as the board or the administrative law judge deems appropriate.
(d) The board itself, or the administrative law judge if one is designated by the board, shall hear the petition and shall prepare a written decision setting forth the reasons supporting
the decision. In a decision granting a petition reinstating a license or modifying a penalty, the board itself, or the administrative law judge may impose any terms and conditions that the agency deems reasonably appropriate, including those set forth in Sections 823 and 4737. Where a petition is heard by an administrative law judge sitting alone, the administrative law judge shall prepare a proposed decision and submit it to the board.
(e) The board may take action with respect to the proposed decision and petition as it deems appropriate.
(f) The petition shall be on a form provided by the board, and shall state any facts and information as may be required by the board including, but not limited to, proof of compliance with the terms and conditions of the underlying disciplinary order.
(g) The petitioner shall pay
a fingerprinting fee and provide a current set of his or her fingerprints to the board. The petitioner shall execute a form authorizing release to the board or its designee, of all information concerning the petitioner’s current physical and mental condition. Information provided to the board pursuant to the release shall be confidential and shall not be subject to discovery or subpoena in any other proceeding, and shall not be admissible in any action, other than before the board, to determine the petitioner’s fitness to practice as required by Section 822.
(h) The petition shall be verified by the petitioner, who shall file an original and sufficient copies of the petition, together with any supporting documents, for the members of the board, the administrative law judge, and the Attorney General.
(i) The board may delegate to its executive officer authority to order
investigation of the contents of the petition, but in no case, may the hearing on the petition be delayed more than 180 days from its filing without the consent of the petitioner.
(j) The petitioner may request that the board schedule the hearing on the petition for a board meeting at a specific city where the board regularly meets.
(k) No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole, or the petitioner is required to register pursuant to Section 290 of the Penal Code. No petition shall be considered while there is an accusation or petition to revoke probation pending against the petitioner.
(l) Except in those cases where the petitioner has been disciplined for violation of Section
822, the board may in its discretion deny without hearing or argument any petition that is filed pursuant to this section within a period of two years from the effective date of a prior decision following a hearing under this section.
4737.
The board may deny any application, or may suspend or revoke any 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 Alcohol and Drug Programs demonstrating that the department has ruled that a certification should be revoked by a private certifying organization.
4738.
The board shall revoke any 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.4739.
The proceedings conducted under this chapter 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.4740.
(a) The board shall assess fees for applications, examinations, licensure, renewals, background checks, and other items in amounts sufficient to cover the administrative and operating expenses related to this chapter incurred by the board. The fees collected pursuant to this chapter shall be deposited in the Behavioral Sciences Fund and, upon appropriation by the Legislature, shall be available to the board for carrying out and enforcing this chapter.(b) Startup funds to implement this chapter shall be derived, as a loan, from the reserve of the Behavioral Sciences Fund, subject to an appropriation by the Legislature in the annual Budget Act. That loan shall be repayed when sufficient fees have been collected pursuant to subdivision (a). The
board shall not be required to implement this chapter until these startup funds have been appropriated.
(c) The board may adjust the deadlines imposed by this chapter in the event that funds have not been appropriated as described in subdivisions (a) or (b).
4741.
(a) The board shall report each month to the Controller the amount and source of all revenue received pursuant to this chapter and at the same time pay the entire amount thereof into the State Treasury for credit to the Behavioral Sciences Fund.(b) The Behavioral Sciences Fund shall be used for the purposes of carrying out and enforcing the provisions of this chapter.
(c) The board shall keep any records as will reasonably ensure that funds expended in the administration of each licensing or registration category shall bear a reasonable relation to the revenue derived from each category, and shall so notify the department no later than May 31 of each year.
(d) Surpluses, if any, may be used in such a way so as to bear a reasonable relation to the revenue derived from each category, and may include, but not be limited to, expenditures for education and research related to each of the licensing or registration categories.