California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 4 - Department of Alcohol and Drug Programs
Chapter 8 - Certification of Alcohol and Other Drug Counselors
Subchapter 2 - Requirement for Certification for Individuals Providing Counseling Services in AOD Recovery and Treatment Programs
Section 13035 - Certifying Organizations

Universal Citation: 9 CA Code of Regs 13035

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) As of April 1, 2005, the following organizations are approved by the Department to register and certify AOD counselors pursuant to this Chapter:

(1) The Breining Institute,

(2) The California Association of Addiction Recovery Resources,

(3) The California Association for Alcohol/ Drug Educators,

(4) The California Association of Alcoholism and Drug Abuse Counselors,

(5) The California Association of Drinking Driver Treatment Programs,

(6) The Forensic Addictions Corrections Treatment,

(7) The Indian Alcoholism Commission of California, Inc.,

(8) The American Academy of Health Care Providers,

(9) The Association of Christian Alcohol & Drug Counselors, or

(10) The California Certification Board of Chemical Dependency Counselors

(b) The Department will also approve any other organization that certifies counselors if it requests in writing that the Department recognize it and it provides written documentation that it complies with all of the requirements of (c) of this regulation, except that the accreditation required by (c)(2) must be in place by the time the organization requests recognition, if the organization requests recognition after September 30, 2007.

(1) Maintain a business office in California, and

(2) Become accredited with the National Commission for Certifying Agencies (NCCA) by September 30, 2007 and shall continuously maintain such accreditation. Certifying organizations may obtain information on NCCA accreditation by contacting the NCCA at 2025 M Street NW, Suite 800, Washington D.C. 20036-3309; telephone (202) 367-1165; internet address www.noca.org;

(3) Provide written documentation from the NCCA that the NCCA has determined that the certifying organization complies with the requirements of this Chapter; and

(4) Comply with the requirements of this Chapter.

(d) If any of the certifying organizations specified in this regulation fails to comply with the requirements of this regulation, within five (5) working days following receipt of written notification by the Department that it is no longer approved to certify AOD counselors, the certifying organization shall send written notification to each AOD counselor registered with or certified by the certifying organization, informing him/her of his/her rights and responsibilities, including the following:

(1) Before expiration of his/her certification or within six (6) months of the notice (whichever is sooner), the counselor shall register with one of the other certifying organizations listed in (a) of this regulation;

(2) For purposes of this Chapter, the AOD counselor's certification remains valid until it expires only if the certified counselor re-registers as required by (d)(1) of this regulation;

(3) The new certifying organization shall give credit for any continuing education credits earned while certified by the former certifying organization; and

(4) The new certifying organization shall give registrants sufficient credit for education and experience completed to place the registrant at an equivalent level in the new certifying organization.

(e) If any of the certifying organizations specified in (a) of this regulation voluntarily chooses to stop certifying AOD counselors, it shall notify the Department in writing of its decision and follow the steps outlined in (d) of this regulation.

(f) By October 1, 2005 or within six (6) months of the date of hire, whichever is later, all non-licensed or non-certified individuals providing counseling services in an AOD program shall be registered to obtain certification as an AOD counselor by one of the certifying organizations specified in this regulation.

(1) Registrants shall complete certification as an AOD counselor within five (5) years of the date of registration.

(2) 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.

1. New section filed 3-25-2005; operative 4-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 12).
2. Amendment of subsections (b) and (c)(2) filed 5-24-2007 as an emergency; operative 5-24-2007 (Register 2007, No. 21). A Certificate of Compliance must be transmitted to OAL by 11-20-2007 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-24-2007 order transmitted to OAL 10-26-2007 filed 12-10-2007 (Register 2007, No. 50).
4. Governor Newsom issued Executive Order N-55-20 (2019 CA EO 55-20), dated April 22, 2020, which suspended provisions under this section that prevent Alcohol or Other Drug counselors from receiving an extension of time to complete their certification, due to the COVID-19 pandemic.

Note: Authority cited: Sections 11755 and 11834.50, Health and Safety Code. Reference: Sections 11833 and 11834.27, Health and Safety Code.

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