PO Box 997413 2400 Marconi Ave. T (916) 338-9460 ccapp.us

Sacramento, CA 95821 F (916) 338-9468

November 18, 2016

Marlies Perez Chief California Department of Health Care Services Substance Use Disorder Compliance Division Sacramento, CA 95899-7413

Re: Certification of Alcohol and Other Drug Counselors Regulatory Draft

Dear Ms. Perez:

On behalf of the California Consortium of Addiction Programs and Professionals (CCAPP), I wish to thank

you and your staff for undertaking the task of updating regulations for counselors and certifying

organizations in California. This important work will improve the quality and consistency of the addiction

workforce for decades to come. Thank you for including CCAPP in this process.

The draft presented on November 7 makes many improvements to the regulations. Most of the

language in the draft we are in complete accord with and can see that the Department has taken many

of the recommendations made by CCAPP and other certifying organizations into consideration. Our

primary concerns for changes to the draft are centered on leaves of absence, career ladder, certification

fees, and implementing the code of conduct.

In order to more clearly delineate our recommendations in these areas, attached are written

suggestions for improving these areas. There are also some technical suggestions that may be helpful in

moving forward.

CCAPP would like to volunteer to be the first certifying organization reviewed by the Department and

would like to take this opportunity to announce that Jennie Lewis has been named our Governmental

Affairs Associate and Certification Compliance Liaison. With eight years’ experience in our certification

Department prior to being assigned this responsibility, you will find Ms. Lewis knowledgeable in both

state and national quality assurance programs for certification.

Thank you for your consideration in this matter. Please do not hesitate to call should you need

clarification regarding these recommendations.

Sincerely,

Pete Nielsen

Chief Executive Officer

CCAPP Recommendations, November 18, 2016

§13005.

1. Recommendation: (a) (4) “Code of Conduct” means the standards that the department uses to

govern registrants and AOD counselors as set forth in Section 13060.

Rationale: Certifying organizations have their own codes of conduct that may change over time as

needs change.

2. Recommendation: (a)(5) (F) Documenting counseling activities, assessment, treatment and recovery

planning, clinical reports related to treatment provided, progress notes, discharge summaries, and

all other client related data.; and

Rationale: Too broad.

3. Recommendation: (16) “Registrant” means an individual registered for an accredited counselor

classification program level within any certifying organization who is in the process of completing

qualifications to obtain certification become certified as an AOD counselor.

Rationale: Stresses the “internship” nature of the registrant process. Certifying organizations do not

use the term “classification program level.”

§13010.

4. Recommendation: (a) By April 1, 2010, By January 1, 2019 at least thirty thirty five percent (335%)

of staff providing counseling services in anll AOD programs shall be licensed professionals or

certified professionals pursuant to the requirements of this Chapter. All other staff providing

counseling services staff shall be registered with an accredited approved counselor classification

program level within a certifying organization. pursuant to Section 13035(f). By January 1, 2026 at

least ninety percent (90%) of staff providing counseling services in an AOD programs shall be licensed

or certified professionals pursuant to the requirements of this Chapter. The Department may delay

this requirement by a period not to exceed five additional years if a significant impact to treatment

capacity is forecasted.

(b) Licensed and certified facilities with sic or less individuals providing counseling services are

exempt from Section 13010 (a), if there is one certified counselor for every three staff persons

providing counseling services on a full time basis. If a program falls below the percentages in

1310 (a) or (b), it may have a six month grace period to reach the percentages, if it documents a

good faith effort to recruit, train, and hire certified counselors to increase the percentage. If a

program cannot meet the percentages in 13010(a) or (b) after the six month grace period, it

must apply for and receive a long term, structural hardship exemption from the department to

remain complaint.

Rationale:

Technical; certifying organizations are approved, not accredited.

Technical; there is no “classification program.”

Regulation will likely not be addressed for a number of years. There needs to be upward pressure on

improving the workforce and flexibility “escape hatch” should capacity be significantly impacted.

While the majority of other states require a license to treat addiction, California continues to lag in

this respect. Higher standards for the workforce has not been documented to reduce long term

capacity. At some point, California must bridge this divide. Phasing in increases in levels of certified

staff accomplishes this goal. Demand for counselors raises wages. A rise in wages attracts more to

the profession. Artificially keeping competency standards low contributes to the workforce shortage

problems California is currently experiencing.

Small programs have smaller participant levels and physical space. One certified counselor is

sufficient to provide appropriate supervision and coordination of two registrants. 35% and 90%

levels for a staff of six or less could be capacity reducing, particularly in rural areas.

Programs not able to meet certification requirements should be allowed a set time period to comply

and an ability to provide documentation if compliance cannot be attained. Other deficiencies are

allowed this type of recourse. Documentation of staff limitations would be helpful for policy makers

considering workforce improvements.

This clause relates to facility regulations and should be moved or duplicated in facility regulations.

§ 13015.

5. Recommendation: (c) Licensed professionals providing addiction counseling services must

demonstrate competency for addiction treatment within six months of employment by one of the

following means: 1. Obtain certification from an approved certifying organization; 2. Document at

least two years full time addiction counseling experience; or 3. Document 315 hours of addiction

specific education.

Rationale:

Licensed professionals do not have the skills, knowledge or training to treat addiction. Their

education requirements are very low for addiction specific knowledge. There is not test to

demonstrate competency in other disciplines. Allowing professionals without specific knowledge of

addiction to treat this life threatening disease rooted in stigma.

The Department is given specific statutory authority to make regulation regarding professional

competency:

Health and Safety Code Section 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.

The Department requires specialization in other instances, for example CCS providers are required to demonstrate competency in the treatment of children:

(d) Panel members required by Section 123885 of the Health and Safety Code to have expertise in the care of children shall have at least five years of experience treating physically handicapped children, or have treated 100 or more such children.

Family practitioners and podiatrists are required to obtain specialty certification within three years of beginning practice in the CCS system.

There is no logical reason not to require basic competency in addiction treatment, particularly given the Department’s requirements for licensed professionals to sign documentation.

§13020.

6. Recommendation: (d) Registrants shall only be registered with one certifying organization at a time. Rationale: There is no quality or safety reason to prohibit multiple registrations. Registrants may need to change registration while awaiting certification approval (testing, etc.). There is not currently a way to surrender registration. Registrants changing organizations must remain current in order to be compliant. Registration with a certifying organization may not be simultaneous with expiration at the former organization.

7. Recommendation: (d) On an annual basis, each registrant shall complete a minimum of forty-five

(45) hours of education toward meeting the minimum number of hours of education required to

become certified.

Rationale: Registrants are allowed to perform the same duties as licensed and certified

professionals with no supervision requirements. It is critical to consumer protection that registrants

gain competency in a timely manner. Absent this requirement, workforce capacity is negatively

impacted because registrants wait too long before addressing certification requirements. All

certifying organizations have adopted this requirement. This aspect can be enforced via review of

certifying organizations now required by the Department.

8. Recommendation: (xI) Each registrant shall complete at least nine (9) hours of continuing education

approved by the certification organization\ in ethics, professional boundaries, and confidentiality.

Rationale: It is imperative that registrants receive yearly reinforcement of ethics and boundaries.

This education is inexpensive and readily available online from numerous sources.

9. Recommendation: (f) The certifying organization may allow up to two (2) years additional time for a

leave of absence due to medical problem or other hardship, consistent with the policy developed by

the certifying organization. If a hardship extension is granted, the registrant shall complete the

requirements for certification set forth in Section 13040 within seven (7) consecutive years from the

first date of DHCS-14-024 October 7, 2016 8 registration with a certifying organization. The

registrant may not receive credit for certification requirements while during their leave of absence.

The Department may grant, at its sole discretion, an extension of the timeframe upon a showing of

good cause.

Rationale: A hardship extension is to allow an applicant additional time to complete requirements.

Prohibiting hardship cases from receiving credit for requirements does not make sense. The

extension is given so that the applicant can continue to accrue experience, gain education, or

complete a test requirement. Leave of absence is addressed in recommendation 10.

10. Recommendation: (xii) Notwithstanding (f), a registrant may request a leave of absence for valid reasons, including but not limited to, a long-term medical condition, relocation, change in vocation, or other obstacle that would prevent completion of the requirements for certification that would necessitate the registrant temporarily leaving the alcohol and drug counseling profession, or where the resolution of proposed absence would exceed the 24-month hardship extension period provided for in 13020 (f), the certifying organization may grant a leave of absence and place the registrant on inactive registration status. A leave of absence is subject to the following limitations:

1. Registrants must notify the certifying organization in writing, or by application, of an

intended leave of absence and the certifying organization must approve the request.

2. If the leave of absence does not exceed forty-eight 48 months (four years), the registrant’s previously completed education may be applied toward certification, and the remaining registration period will resume. At the time a leave of absence is granted, the remaining number of months/years left of the original five year registration period is placed in suspension.

3. If the leave of absence exceeds forty-eight 48 months (4 years), the individual will be considered a new applicant and will be required to become certified within five years of the new application

4. To return from a leave of absence, the registrant must apply for reactivation with the certifying organization where the leave of absence was granted; take an approved nine (9)

hour ethics/confidentiality/boundaries course; and notify the certifying organization whether any disciplinary action was taken against the registrant by any certifying organization, licensing board, or the Department while on inactive status; or whether any violation of law has occurred that would be an ethical violation under the Code of Conduct in Section 13060.

Rationale: As with any profession, AOD professionals may begin a course of study or choose to begin a career in AOD counseling and later decide, for a variety of reasons, to seek employment elsewhere or change professions. This should not preclude them from returning to the profession throughout their lifetime. There is no such provision for other professions. The suggested language allows for a “time out” yet stops abuses whereby registrants seek to avoid certification requirements because it requires notification and approval from the certifying organization and puts time limits on “stretching out” certification timelines. It also requires applicants to obtain current ethics training before returning to practice.

11. Recommendation: (xii) While placed on inactive status, a registrant may not provide services in a

licensed or certified facility and may not gain hours of experience for certification requirements. Certifying organizations must designate registrants who are on leave of absence as such on their public data bases. Rationale: The integrity of the LOA must be supported by a prohibition to practice. The department and employers must be able to identify professionals who are on a leave of absence.

§13030.

12. Recommendation: (1) The individual registers with one of the certifying organizations listed in Section 13035 and provides the certifying organization with verifiable documentation of his/her their current valid licensure or certification, Rationale: Applicants for reciprocity do not need to “register” with the new certifying organization; they apply for registration or certification. Verification of current status is covered in (2).

13. Recommendation: (f) If an individual is not granted reciprocity, the certifying organization shall send the applicant a written notice of denial which shall specify the right to appeal the denial pursuant to Section 13070 and retain a copy of the written notice of denial to the applicant for five (5) years from the date of the notice. Rationale: The department does not currently approve or disapprove original applications. Certifying organizations deny applications for a breadth or reasons. Does the department want to review denials made by private entities where the department was not involved?

§13080.

14. Recommendation: (a) keep as written.

Rationale: CCAPP supports the department’s desire to determine the number of certifying

organizations and to determine if additional organizations are needed. California is the only state

that recognizes more than two certifying organizations. Adding more organizations would add to

confusion, reduce uniformity, and encourage new organization(s) to enter with lower standards and

lower pricing thus reversing the progress made over the last ten years. Health and Safety Code

11833 (b)(1)(a) gives statutory authority for the Department to approve or disapprove certifying

organizations. This is a significant change from when the original counselor certification regulations

were written.

15. Recommendation: (b) The Department only approves the counselor classification program levels

with a certifying organization that has received accreditation from the National Commission for

Certifying Agencies (NCCA). If a counselor classification program level does not have a NCCA

accreditation, registration or certification for that level will not be recognized by the Department.

Certification levels approved by the department must meet or exceed the level for which NCCA

accreditation has been obtained by the certifying organization. Certifying organizations utilizing

“career ladders” must provide documentation demonstrating that the basic NCCA accredited level

has been met or exceeded for all advanced certification levels to be approved for employment in a

licensed or certified facility.

Rationale: Multiple certifications require costly, multiple applications with NCCA. The regulation

requires a minimum level for education, testing and experience. If the accredited credential meets

this regulatory requirement, advanced levels that build from this base should be acceptable when

documentation demonstrating the basic level is met is provided.

16. Recommendation: (9) All changes in the policies and procedures shall be reported to the

Department in writing 30 days prior to the proposed date of implementation and receive approval

from the Department before implementation.

Rationale: 13080 (8) states that certifying organizations shall maintain policies and procedures but

does not state that the department will approve or disapprove such policies and procedures. It is

not clear why changes in policy or procedure would need to be approved. Facilities, where public

health and safety are at risk, are not required to report changes in policy and procedures. Changes

in policy or procedure that impact the quality and function of the certifying organization, at a level

to which suspension or revocation are necessitated, need to be addressed in Section 13090 as

possible grounds for disciplinary action. This clause goes beyond “approval” of an organization.

Ongoing review of internal policy is not warranted. Extreme cases of policy change that impact the

organization’s ability to fulfill its obligations as a certifying organization can be addressed in

enforcement policy.

17. Recommendation: (10) (d)(2)(A) The AOD counselor or registrant shall enroll apply for reciprocity

with one of the other approved certifying organizations before expiration of their certification or

registration or within six (6) months of the notice, whichever is sooner.

Rationale: Technical.

18. Recommendation: (3) Give credit for any continuing education credits meeting the educational

standards of the certifying organization earned by the AOD counselor while registered with the

former certifying organization; and

(4) Give registrants credit for education and experience completed while registered with the former

certifying organization when verification meeting the certifying organization’s standards is provided.

(d)(3) and (4) pertain to the receiving certification organization, not the organization that surrenders

or loses its authority. They should be placed under a separate section?

Rationale: Certifying organizations have agreements with national organizations and rules

formulated by NCCA which dictate that education and experience requirements follow agreements

and charters entered into by the certifying organization and the national entities. Certifying

organizations cannot waive requirements for certification.

19. Recommendation: (d)(5) After six months, remove all information regarding registrants and AOD

counselors from its website and provide the Department with a report detailing the disposition of

each registrant and certified counselor’s transfer status.

Rationale: The remaining certifying organizations need to be able to access the data on the website

in order to verify status of transfers and dates of original registration. The Department should be

notified as to the status of the remaining individuals to ensure that compliance with (2)(A) is met.

20. Recommendation: (e) A certifying organization shall not transfer or accept a registration or

certification of another certifying organization unless it is initiated at the written request or

electronic application of a registrant or AOD counselor, or approved by the Department prior to

transfer.

Rationale: Technical.

21. Recommendation: (xi) The Department may waive (d) (2) and (e) if a written transfer agreement

between certifying organizations detailing a timely and orderly transfer of credential holders,

including permission from NCCA, is approved, in advance, by the Department.

Rationale: Given the complex nature of corporate mergers, legal agreements, and changes in

corporate ownership, there may be a need for the Department to be flexible in assisting certifying

organizations who may reach agreements to realign corporate relationships in the future.

22. Recommendation: (g) A certifying organization shall receive approval from the Department prior to

making any fee changes. Fees associated with registration and accredited counselor classification

program levels include: (1) Application; (2) Testing; (3) Registration and certification; and (4)

Renewal.

Rationale: Approving pricing for private certification bodies is beyond statutory authority. The

Department may approve or not approve certifying organizations. There is no statute that gives

authority to approve fees. “Price gauging” or collusion can be addressed in section 13090 as a

possible ground for disciplinary sanction.

§13080.

23. Recommendation: (a) Complete a minimum of 155 315 documented hours of formal classroom AOD

education, which shall include at least the following subjects:

Rationale: All certifying organizations have agreed to 315 hours of education which is commonly

accepted in most jurisdictions nationally for a level one addiction counselor. Making the number of

hours less invites competition that would drive down efforts to improve quality of the workforce via

higher standards.

24. Recommendation: (b) Complete a minimum of 160 250 documented hours of supervised AOD

training based on the curriculum contained in TAP 21…

Rationale: The practicum is the most significant part of the education process. All certifying

organizations have agreed to a 250 hour practicum. Making the number of hours less invites

competition that would drive down efforts to improve quality of the workforce via higher standards.

25. Recommendation: (3) Have held their AOD certification or license for a minimum of three (3) years,

or in the case of licensure have documented AOD work experience of at least three years.

(4) Have documented 45 hours education in clinical supervision education specific to alcohol drug

treatment.

Rationale: Supervision is critical to effective experience requirements. Without qualified

supervision, work experience can compound incompetent practice. Other licensed professionals

need education specific to AOD supervision as to reduce improper scope delineation. Online

education, as well as community college coursework for AOD supervisors is readily available. This

clause could have an effective date of one year post adoption to allow current supervisors to

complete these requirements.

26. Recommendation: (c) Complete, an additional 2,080 1,825 or more documented hours…

Rationale: Technical, to conform to higher hours for practicum which is included in aggregate hours

earned.

27. Recommendation: (d) Obtain a passing score of at least seventy percent (70%) on a written or oral

examination approved by the certifying organization which meets or exceeds its NCCA requirements;

Rationale: Supervision is critical to effective experience requirements. Without qualified

supervision, work experience can compound incompetent practice. Other licensed professionals

need education specific to AOD supervision as to reduce improper scope delineation. Online

education, as well as community college coursework for AOD supervisors is readily available. This

clause could have an effective date of one year post adoption to allow current supervisors to

complete these requirements.

§13045.

28. Recommendation: (c) The Department may grant, at its sole discretion, a reinstatement of an AOD

counselor’s certification or registration, reverse disciplinary action it has initiated.

Rationale: this is an overreach of statutory authority. Certifying organizations credential individuals

who work in non-licensed facilities. They also have ethics agreements that are contractual with their

national organizations. Certifying organizations carry out independent investigations that may yield

different evidence and therefore necessitate different disciplinary action. Given the prohibition

against certifying revoked individuals created by Health and Safety Code Section 11750, this may not

be viable any longer. According to the statute, revoked is revoked.

29. Recommendation: (d) If tThe certifying organization shall decides to grant certification to a

registrant, whose registration or certification was not previously revoked, upon completion of, all

program at a minimum, the requirements, as specified set forth in Section 13040, and payment of all

applicable fees charged by the certifying organization,. The certification organization may require

additional qualifications for certification in accordance with its own policies and/or contractual

agreements with NCCA or other national certification entities. Tthe certifying organization shall issue

a written certificate to the registrant, identifying the registrant stating that he/she is certified as an a

credentialed AOD counselor.

Rationale: Certifying organizations offer an array of certification levels with varying requirements.

Regulation must not dictate that certification be conferred to any applicant who meets the basic

requirement contained in regulation. Autonomous decisions regarding competency are integral to

the public/private approach California has adopted. The need to change future requirements may

occur. Requiring the granting of a credential based on minimums adopted today may be problematic

in the future.

§13055.

30. Recommendation: (k) If an the AOD counselor's previous certification for the previous certification

period was revoked, the certifying organization shall deny renewal of the certification and shall send

the AOD counselor a written notice of denial which shall specify the right to appeal the denial

pursuant to Section 13070 in the case of revocation by the Department, or appeal procedures of the

certification organization in the case of revocation by a certifying organization.

Rationale: The statute prohibits registration or certification for individuals with revocations,

regardless of whether they were revoked by the Department or a certifying organization. However,

it also says “The notice shall specify the counselor’s right to appeal the denial in accordance with

applicable statutes and regulations.” There is only a right to appeal under 13070 when the

Department revokes? Those revoked by a certifying organization would not have appeal rights with

the Department, but would be subject to the certifying organization’s appeal procedures.

§13060.

31. Recommendation: (f) Certifying organizations and AOD programs may impose more stringent

standards at their discretion, however the Department is not obligated to investigate or enforce

sanctions brought against registrants of counselors from certifying organizations or programs.

Rationale: Although not prohibited by statute or regulation, an affirmative approach to more

stringent codes of conduct would be helpful in the event that a violator claims that only the

Department’s code may govern the profession. Programs also maintain codes of conduct for

employees which could be challenged without this regulatory protection. Leaving this clause in does

not compel the department to investigate these violations.

§13065.

32. Recommendation: (d)(1)(D)State the action required to be taken by the certifying organization

regarding the violation being taken by the Department, and

Rationale: The Department does not hold any credentials for the profession. It must require the

certifying body to perform the action of revoking or suspending. The previous regulation contained

provisions that created the ability to impose sanctions. These were removed in this draft. Refusal to

impart sanctions ordered by the Department can be added to Section 13105.

33. Recommendation: (b) Within one working day of receipt of such complaints, AOD programs shall

report alleged violations of the code of conduct to the Department, and to the certifying

organization of the registrant or AOD counselor. The AOD program’s report may be made by

telephone, e-mail or fax, and shall include all relevant facts concerning the alleged violation. AOD

programs shall report to the Department any additional relevant information received after

reporting the alleged violation.

Rationale: This clause relates to program licensing. It does not belong in counselor certification

regulations. Are other entities mandated to report? Are clinics required to report suspected ethics

violations to the Medical Board? Please provide framework as to the statute supporting mandatory

reporting of suspectd violations.

34. Recommendation: (2) The Department, in consultation with the certifying organization, may

impose conditions on a suspension, requiring the completion of specified actions by the registrant or

AOD counselor. In such cases, the Department shall specify the actions to be taken, the time limits

for completing the actions, the consequences for not completing the actions, and the manner in

which the registrant or AOD counselor shall provide proof of completion of such actions. Before

removing the suspension of a counselor, the certifying organization must provide proof of completion

to the Department of any conditions placed by the Department. The Department shall accept the

certifying organization’s determination that suspension requirements have been satisfied.

Rationale: Consultation with the certifying organization is necessary because independent

investigation and sanctions may have already occurred before the Department makes a decision. If

the counselor has been revoked, suspension requirements cannot be applied. If the counselor has

been suspended and is in the process of completing suspension requirements, the Department

should be made aware of progress being made by the counselor.

A legal opinion as to whether the Department can compel a certifying organization to reinstate a

revoked counselor is desperately needed before this regulation moves forward. The change in

statute reads: “(c) If a counselor’s registration or certification has been previously revoked,

the certifying organization shall deny the request for registration and shall send the counselor a

written notice of denial.” It appears as though the statute does not even apply to applicants for

certification. If there is a legal interpretation that would make this statute applicable to certification

applications, that needs to be made clear. If the statute does apply to certification applicants, a

revocation from a certifying organization would preclude the Department from ruling that

suspension could be applied where a counselor has been revoked because the certifying

organization could not legally accept the application or renewal of a revoked counselor.

Certifying organizations must be aware of completion of suspension requirements. Certifying

organizations are more efficient and less costly than state resources in reviewing completion of

suspension requirements.

35. Recommendation: (3) The Department shall review the disciplinary sanctions imposed by a

certification organization before issuing the written notice in (1). The Department shall not be bound

to accept the disciplinary sanctions imposed by the certifying organization. Nothing in the written

notification contained in (1) shall preclude a certifying organization from placing additional

sanctions, in accordance with its own policies and procedures regarding code of conduct and

disciplinary sanctions, for counselors holding its credentials.

Rationale: Certifying organizations need to maintain autonomy in disciplinary function. Removing

this autonomy undermines the disciplinary system in the State. Certifying organizations respond

quickly, have a strong record of experience in conducting ethics investigations, and have developed

a uniform sanctions matrix to ensure that the profession is aware of potential consequences to

ethical violations. As long as the certifying organization abides by the sanctions imposed by the

Department, it should be allowed to confer additional sanctions as its internal policies dictate. In no

circumstances should the violator be given the ability to ignore disciplinary action placed on him or

her because the Department has issued a lesser sanction. This would give violators the impression

that the sanctions imposed by a certifying organization are “temporary,” or unenforceable. 120 days

for a determination by the Department is a long time period for counselors to continue to harm

clients. The role of the certifying organization in responding to ethical violations needs to be

supported.

§13085.

36. Recommendation: (a) (8) The place of employment of the registrant or AOD counselor, if employed;

Rationale: Certifying organizations do not keep this information. Work addresses are submitted

voluntarily and are rarely updated by the credential holder.

37. Recommendation: (e) A certifying organization shall submit to the Department a quarterly yearly

report, as defined in Section 13005(a)(15). The report shall include: (1) Total number of registrants

registered in an accredited counselor classification program level; (2) Total number of registrants

suspended; (3) Total number of registrants revoked; (4) Percentage of registrants who completed

certification requirements within five (5) years, pursuant to Section 13040; (5) Number of leave of

absences granted to registrants, pursuant to Section 13020(e); (6) Percentage of registrants who

completed certification requirements within seven (7) years, pursuant to Section 13040 and

13020(e); (7) Total number of AOD counselors; (8) Total number of AOD counselors suspended; and

(9) Total number of AOD counselors revoked.

Rationale: Data about the number of registrants progressing is not tracked at this time. Data that

shows how many registrants and counselors expire (do not renew) could be provided. The reporting

requirements do not indicate whether the reporting is for the number of LOAs, suspensions etc. for

the period or total. Does the report need to contain how many of these cases occurred during the

reporting period, or how many are in each category at the time the report is generated? Also, will

these reports be made public?

§13095

38. Question: (b) (1), (b) (2) and (b) (3) cannot occur at the same time. Perhaps it might read shall

include 1-4 as appropriate?

39. Recommendation: (c) The Department shall notify the certifying organization, in writing within 10

days of receipt of notice of correction whether corrective action plan has been approved or

disapproved.

Rationale: A suspension of operations creates a tremendous financial burden impacting the

corporation and its employees. Timely response to correction is imperative.

§13105

40. Recommendation: (xi) A certifying organization whose approval has been revoked and chooses to

continue credentialing counselors in California shall:

(1) Clearly indicate on all advertising and certificates that the credential is not valid in California to

meet certification or registration requirements to be employed at a licensed or certified program.

(2) Refund any fees collected from individuals who make a written request for refund on the basis

that a credential was obtained for the purpose of being employed in a licensed or certified

program.

Rationale: Provides recourse for fraudulent behavior after revocation.

41. Recommendation: (d) A certifying organization whose approval has been revoked following an

administrative hearing pursuant to the Administrative Procedure Act (Chapter 4.5 (commencing

with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code) shall within five (5)

working days send written notification to each registrant and AOD counselor registered with, or

certified by, the certifying organization, setting forth the following information: as per requirements

of 13080 (d) (2).

Rationale: Technical, consistency.