Bill H.1744

HOUSE DOCKET, NO. 848 FILED ON: 1/15/2019

HOUSE . . . . . . . . . . . . . . . No. 1744

By Mr. O'Day of West Boylston, a petition (accompanied by bill, House, No. 1744) of James J. O'Day and Elizabeth A. Malia for legislation to regulate recovery support services by creating certification for recovery coaches. Mental Health, Substance Use and Recovery.

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to recovery coach certification.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Title XVI of the General Laws, as appearing in the 2016 official edition, is hereby amended by inserting after chapter 111O the following chapter:

Chapter 111P. Section 1. As used in this section and in sections 2 to 8, inclusive, the following words shall have the following meanings unless the context clearly requires otherwise:

''Approved continuing education'', continuing education approved by the department, including research and training programs, college and university courses, in-service training programs, seminars and conferences designed to maintain and enhance the skills of certified recovery coaches.

''Approved program'', a program approved by the department for the education and training of certified recovery coaches.

''Approved work experience'', supervised work experience, approved by the department, in substance use disorder treatment and recovery.

''Department'', the department of public health.

“Non-clinical”, not including clinical diagnosis and treatment

“Recovery support services”, non-clinical services provided to assist an individual with initiation and engagement to treatment and to maintain recovery from addiction or substance use disorder that draw upon lived substance use disorder experience, and that include motivational support, informational support, and companionship. Similar roles are commonly known as a recovery coach or a peer recovery support specialist.

“Recovery Coach,” a personcertified by the department to conduct an independent practice of recovery support services.

Section 2. Duties of department: The department, in consultation with the recommendations made by the commission to review and make recommendations regarding recovery coaching in the commonwealth under section 101 of chapter 208 of the Acts of 2018, shall establish the requirements for the certification of recovery coaches practicing in the commonwealth, evaluate the qualifications of applicants, supervise certification examinations, collect fees established for certification and examination, grant and issue certifications to recovery coaches who satisfy the department's requirements for certification, require and establish continuing education requirements, investigate complaints and take appropriate disciplinary action to protect the public health, safety and welfare.

The department shall establish requirements for certified recovery coaches and may establish other reasonable classifications for recovery coaches as it finds necessary and appropriate, taking into consideration different levels of education, training and work experience.

The department shall approve and issue certificates of approval of programs for the training of recovery coaches. The department shall maintain a list of approved programs as well as a current roster of persons serving as recovery coaches in the commonwealth.

The department shall promulgate such rules and regulations as it deems necessary to implement the provisions of this chapter including rules and regulations establishing the educational and professional requirements for certifying recovery coaches, establishing fees for certifying and examination and governing the practice and employment of certified recovery coaches to promote the public health, safety and welfare.

Section 3: Certifying; proof of qualifications; biennial certification renewal

Section 3. Each applicant for a certification shall furnish the department with proof of satisfactory completion of the educational, training and experience requirements for certification, including completion of an approved program and approved work experience and proof of having passed such certifying examination as approved or administered by the department.

A person serving as a certified recovery coach shall apply for certification renewal biennially to the department. A recovery coach seeking certification renewal shall submit proof of having successfully completed the requirements for such approved continuing education as may be established by regulations.

Applications for certifications and renewals thereof shall be submitted in accordance with procedures established by the department. Each application shall be accompanied by the payment of a fee to be determined by the department.

Section 4: Prohibition of uncertified recovery coaching; fine; injunction

Section 4. Except as otherwise provided for in this chapter or by regulation, a person who is not certified or is otherwise exempt from certification, shall not hold him or herself out as a certified recovery coach and shall not use the title, initials or description of a certified recovery coach or practice or attempt to practice recovery coaching. Whoever engages in any such unauthorized action shall be subject to a fine of not less than $500. In addition, the department may bring a petition in superior court to enjoin such action or any other violation of this chapter or a regulation of the department.

Section 5: Provision of coaching services by noncertified individuals; limitations:

Section 5. Nothing in this section shall be construed to prevent qualified members of other professions, including licensed alcohol & drug counselors, marriage and family counselors, mental health counselors, psychologists, social workers, nurse practitioners, practical nurses, physician assistants, physicians, Christian Science practitioners or members of the clergy, from providing recovery support services consistent with accepted standards of their respective professions; provided, however, that no such person shall use a title stating or implying that such person is a certified recovery coach.

Nothing in this section shall be construed to prevent members of peer groups or self-help groups from performing peer group or self-help activities; provided, however, that no such person shall use a title stating or implying that such person is a certified recovery coach.

Section 6: Consumer complaints; authority of department; discipline of certified recovery coach

Section 6. The department shall establish procedures for consumers to file written complaints regarding a recovery coach who is subject to requirements for certification.

The department shall investigate all complaints relating to the proper practice of a recovery coach holding a certification and all complaints relating to any violation of this chapter or regulation of the department.

The department may conduct an adjudicatory proceeding pursuant to chapter 30A, but shall not have the power to issue, vacate, modify or enforce subpoenas pursuant to section 12 of said chapter 30A. The department may, after a hearing pursuant to said chapter 30A, deny, refuse renewal, revoke, limit or suspend a certification or otherwise discipline a recovery coach certified pursuant to this chapter. Grounds for denial, refusal to renew, revocation, limitation, suspension or other discipline shall include the following:

(1) fraud or misrepresentation in obtaining a certification;

(2) criminal conduct which the department determines to be of such a nature as to render such person unfit to practice as a certified recovery coach as evidenced by criminal proceedings resulting in a conviction, guilty plea or plea of nolo contendere or an admission of sufficient facts;

(3) violation of any rule or regulation of the department governing the practice of recovery coaches;

(4) violation of ethical standards which the department determines to be of such a nature as to render such person unfit to practice as a recovery coach;

(5) other just and sufficient cause which the department may determine would render a person unfit to practice as a recovery coach.

Where denial, refusal to renew, revocation or suspension is based solely on the failure of the certified recovery coach to file timely an application or pay prescribed fees or to maintain insurance coverage as required by law or regulation, the department may act without first granting the applicant or certified recovery coach a hearing.

Section 7: Certification examinations; form; semi-annually; certificate in lieu of examination

Section 7. Examinations for recovery coaches shall be conducted at least twice a year at times and places designated by the department. Examinations shall be written; provided, however, that portions thereof may be conducted orally. A person who has failed an examination may be admitted to the next subsequent examination.

The department may accept, in lieu of its own examination, a current certificate of any recognized certifying body issued on the basis of an examination satisfactory to the department; provided, however, that the standards of such body shall be at least as stringent as those established by the department.

Section 8: Certification without examination; applicant licensed or certified in another state

Section 8. The department may issue a certification without examination to an applicant whose qualifications meet the requirements for certification established by the department if such applicant is licensed or certified in recovery coaching or a comparable field in another state wherein the requirements for certification are deemed by the department to be equivalent to or in excess of the requirements of this chapter.

SECTION 2. Chapter 32A of the General Laws, as so appearing, is hereby amended by inserting after section 17O the following section:-

Section 17P. For the purposes of this section the following terms shall have the following meanings:-