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Senate Bill 707 (DeSaulnier) -- Counselors Licensing and Certification Law

Message from Renée Zito, Director of ADP

The Department of Alcohol and Drug Programs (ADP) is sponsoring legislation [currently in Senate Bill (SB) 707 (DeSaulnier)] to establish registration, certification and licensure provisions relating to alcohol and other drug (AOD) counselors to be administered by ADP.  The bill would authorize ADP to assess fees for revenue and expenditures relating to this bill.  Additionally, this bill would authorize ADP to require counselors to submit to fingerprinting and background checks, and to impose sanctions for counselor misconduct.

Since we introduced SB 707 last January, we have amended it significantly.  We have made great improvements as a result of a lot of input from numerous stakeholder meetings and letters and email received over the past several months.  We also met with individual AOD providers, employer organizations, certifying organizations, and patient advocates to get their perspective.

We recently completed an extensive set of amendments to SB 707 (the June 23, 2009, amended version). Given the legislative deadline for two-year bills to leave their house of origin by January 29, 2010, and the Department’s commitment to share the amendments with you and other stakeholders, we decided to pursue a new bill rather than rush through amendments that you would not have had a chance to review.  We will let you know the bill’s new number when it is available. We now have several weeks to share the language with all our stakeholders, answer any questions, and get feedback before the bill is heard in the Senate Health Committee.

You may view the “mock up” version of SB 707 and all the amendments at SB 707 Proposed Amendments. The key provisions of ADP’s legislation include the following:

• Authorizes ADP to set requirements for application, registration, education, and work experience for four types of AOD counselors:  Registered AOD Counselor, Certified AOD Counselor, Certified AOD Counselor-Clinical Supervisor, and Licensed AOD Counselor.
• Authorizes ADP to develop or recognize one or more nationally recognized and validated, as specified, tests for each level of certification or licensure.  Authorizes ADP or delegate(s) to administer or provide for the administration of tests for each level of certification and licensure by such means as it finds appropriate.  ADP may conduct periodic review, evaluation and administration of test(s).
• Authorizes ADP to issue certificates, licenses, and registrations beginning January 1, 2013.
• Grandparents current counselors.
• Authorizes licensed counselors to practice outside of a program licensed or certified by ADP.
• Requires ADP to establish an advisory committee to make recommendations to ADP concerning curriculum, criminal background checks, unprofessional conduct, sanctions, and such other matters that ADP may refer to the committee.
• Requires counselors to attain specific education in law and ethics and screening for co-occurring disorders and referral processes; training in the use of client placement criteria; and training in data collection systems, including California Outcomes Measurement System (CalOMS) or equivalent.
• Requires AOD counselor applicants to consent to a state and federal criminal offender record information search and authorizes ADP to deny, revoke, suspend, or impose conditions upon a license, certification, or registration based upon the criminal history background check, as specified.
• Requires a Master’s degree or higher for clinical supervisor certification or licensure.

We in the AOD field see the integration of substance use treatment and mainstream healthcare as an inevitable and needed transition for the future.  The provisions of SB 707 would make vital changes to the AOD counselor certification and licensure system.  By raising the educational standards for those working in the AOD field, SB 707 would advance the field and help it to find its place within an evolving system of healthcare.

Let us know what you think by emailing Tina Chiginsky, Deputy Director, Office of Legislative and External Affairs, at tchiginsky@adp.ca.gov.

RENÉE ZITO
Director
The Department of Alcohol and Drug Programs