Drug Testing. Clinical Social Worker And Counselor License Applicants.

Size: px

Start display at page:

Download "Drug Testing. Clinical Social Worker And Counselor License Applicants."

Patience Marshall
5 years ago
Views:

1 University of California Hastings College of the Law UC Hastings Scholarship Repository nitiatives California Ballot Propositions and nitiatives Drug Testing. Clinical Social Worker And Counselor License Applicants. Follow this and additional works at: Recommended Citation Drug Testing. Clinical Social Worker And Counselor License Applicants. California nitiative 799 (1998). This nitiative is brought to you for free and open access by the California Ballot Propositions and nitiatives at UC Hastings Scholarship Repository. t has been accepted for inclusion in nitiatives by an authorized administrator of UC Hastings Scholarship Repository. For more information please contact marcusc@uchastings.edu.

2 DVSONS: ArchVes Corporate Filings Elections lnfonnanon Technology Limited Partnershp Management Semces r"... " Notary Public Pohbcal Refonn Umform Commercial Code BLL JONES ELECTONS DVSON (916) llh STREET SACRAMENTO. CA Voter Registrabon Hotline VOTE For Hearing and Speech mpared Only e rnall: comments@ss.ca.gov ~etretar! of $tate ~tate of <tcalifornia June TO: AL~ COUNTY CLERKS/REGSTRARS OF VOTERS (98264) FROM: DERDRE AVENT ELECTONS ANALYST SUBJECT: WTHDRAWAL OF #799 f.i.:cev;:d JUN 0 619gB L ""'':'' ~ " r... D ' '1' '- '- - ~_ - :...- The proponent of the hereinafter names proposed nitiative Statute has withdrawn the measure. TTLE: Drug Testing. Clinical Social Worker and Counselor License Applicants. SUMMARY DATE: January PROPONENT: Staretta Moffatt "Ensuring the integrity of California's election process"

4 Soroptimist nternational Antelope Valley & Grass Roots (ampaign June Cathy Mitchell Elections Specialist Secretary of State State of California th Street Sacramento. CA Re: nitiative #799 File # SA 97 RF 0073 Drug Testing. Clinical Social Worker and Counselor License Applicants nitiative Statute Dear Ms. Mitchell: This letter is a fot mal request to withdraw the nitiative Measure & File # above. Should you have any questions please feel free to contact me. Thanks again. for all. vou assistance. ~ Sincerely Sta. offatt. Campaign Manager SM/jdm North Cedar Avenue Lancaster California (805)

6 DMSONS: Archives Corporate Filings Elections -~nfonnation Technology ~imited Partnetship Managetnent Services Notary Public Political Reform Uniform Commercial Code BLL JONES Secretary of State State of California ELECTONS DMSON (916) d1 STREET SACRAMENTO CA Voter Registration Hotline VOTE For Hearing and Speech mpaired Only comments@ss.ca.gov January TO: ALL REGSTRARS OF VOTERS OR COUNTY CLERKS AND PROPONENTS (98048) FROM: CATHY MTCHELL ELECTONS SPECALST SUBJECT: NTATVE #799 Pursuant to Elections Code section 336 we transmit herewith a copy of the Title and Summary prepared by the Attorney General on a proposed initiative measure entitled: DRUG TESTNG. CLNCAL SOCAL WORKER AND COUNSELOR LCENSE APPLCANTS. NTATVE STATUTE. The proponent of the above-named measure is: Staretta Moffatt North Cedar Avenue Lancaster California RECEiVED FEB LBRARY ~- 0'" THe 'YJ '" ~''f''lc3 COLl"" r ~ ~.. _0.".11 (805) "Ensuring the integrity of Califomia's election process"

8 #799 DRUG TESTNG. CLNCAL SOCAL WORKER AND COUNSELOR LCENSE APPLCANTS. NTATVE STATUTE. CRCULATNG AND FLNG SCHEDULE Minimum number of signatures required: California Constitution Article Section 8(b) Official Summary Date:... Thursday 01/29/98 Elections Code section (EC ) 336 Petitions Sections: a. First day Proponent can circulate Sections for signatures (EC 336)... Thursday 01/29/98 b. Last day Proponent can circulate and file with the county. All sections are to be filed at the same time within each county (EC (a))... Monday 06/29/98* c. Last day for county to determine total number of signatures affixed to petitions and to transmit total to the Secretary of State (EC 9030(b))... Thursday 07109/98 (f the Proponent files the petition with the county on a date prior to 06/29/98 the county has eight working days from the filing of the petition to determine the total number of signatures affixed to the petition and to transmit the total to the Secret~ry of State) (EC 9030(b)). d. Secretary of State determines whether the total number of signatures filed with all county clerkslregistrars of voters meets the minimum number of required signatures and notifies the counties (EC 9030(c))... Saturday 07/18/98** e. Last day for county to determine total number of qualified voters who signed the petition and to transmit certificate with a blank copy of the petition to the Secretary of State (EC 9030(d)(e))... Friday 08/28/98 ;tip "" * Date adjusted for official deadline which falls on Sunday. (Elec. 15) - Date varies based on receipt of county certification.

10 - ~ NTATVE #799 Circulating and Filing Schedule continued: (f the Secretary of State notifies the county to determine the number of qualified voters who signed the petition on a date other than 07/18/98 the last day is no later than the thirtieth day after the county's receipt of notification). (EC 9030(d)(e)). f. f the signature count is more than or less than then the Secretary of State certifies the petition as qualified or failed and notifies the counties. f the signature count is between and inclusive then the Secretary of State notifies the counties using the random sampling technique to determine the validity of all signatures (EC 9030(f)(g); 9031 (a))... Monday 09/07/98** g. Last day for county to determine actual number of all qualified voters who signed the petition and to transmit certificate with a blank copy of the petition to the Secretary of State (EC 9031 (b)(c))... Wednesday 10/21/98 (f the Secretary of State notifies the county to determine the number of qualified voters who have signed the petition on a date other than 09/07/98 the last day is no later than the thirtieth working day after the county's receipt of notification). EC 9031 (b)(c). h. Secretary of State certifies whether the petition has been signed by the number of qualified voters required to declare the petition sufficient (EC 9031 (d); 9033)... Sunday 10/25/98** NOTE TO PROPONENTS WHO WSH TO QUALFY FOR THE NOVEMBER GENERAL ELECTON: This initiative must be certified for the ballot 131 days before the election (June ). Please remember to time your submissions accordingly. For example in order to allow the maximum time permitted by law for the random sample verification process it is suggested that proponents file their petitions to county elections official by April f a 100% check of signatures is necessary it is advised that the petitions be filed by February Date varies based on receipt of county certification.

12 . " MPORTANT PONTS California law prohibits the use of signatures names and addresses gathered on initiative petitions for any purpose other than to qualify the initiative measure for the ballot.. This means that the petitions cannot be used to create or add to mailing lists or similar lists for any purpose including fundraising or requests for support. Any such misuses constitutes a crime under California law. Elections Code section 18650; Silofsky v. Deukmejian (1981) 123 Cal. App. 3d Cal. Rptr. 621; 63 Ops. Cal. Atty. Gen. 37 (1980). Please refer to Elections Code sections and 9022 for appropriate format and type consideration in printing typing and otherwise preparing your initiative petition for circulation in printing typing and otherwise preparing your initiative petition for circulation and signatures Please send a copy of the petition after you have it printed. This copy is not for our review or approval but to supplement our file. Your attention is directed to the campaign disclosure requirements of the Political Reform Act of 1974 Government Code section et seq. brief summary is attached for your reference. A - When writing or calling state or county elections officials provide the official title of the initiative which was prepared by the Attorney General. Use of this title will assist elections officials in referencing the proper file. When a petition is presented to the county elections official for filing by someone other than the proponent the required authorization shall include the name or names of the persons filing the petition. When filing the petition with the county elections official please provide a blank petition for elections official use. Enclosures

14 DANEL E. LUNGREN Attorney General State of California DEPARTMENT OF JUSTCE r ~ ~~~~ STREET SUTE 125 P.O. BOX SACRAMENTO CA (916) Facsimile: (916) (916) January Bill Jones Secretary of State th Street Sacramento CA FLED n the office of the Secretary of State of the State of California Re: Subject: File No: nitiative Title and Summary DRUG TESTNG. CLNCAL SOCAL WORKER AND COUNSELOR LCENSE APPLCANTS. NTATVE STATUTE. SA 97 RF 0073 JAN JONES Dear Mr. Jones: Pursuant to the provisions of sections 9004 and 336 of the Elections Code you are hereby notified that on this day we mailed to the proponent of the above-identified proposed initiative our title and summary. Enclosed is a copy of our transmittal letter to the proponent a copy of our title and summary a declaration of service thereof and a copy of the proposed measure. According to information available in our records the name and address of the proponent are as stated on the declaration of service. Sincerely DANEL E. LUNGREN General CO CL:fec Enclosures nitiative Coordinator cc: Staretta Moffatt

16 Date: File No: January SA 97 RF 0073 The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure:. DRUG TESTNG. CLNCAL SOCAL WORKER AND COUNSELOR LCENSE APPLCANTS. NTATVE STATUTE. Requires applicants for Marriage Family Child Counselor and Clinical Social Worker licenses be tested by Board of Behavioral Sciences for use of nine specified drugs including alcohol; permits testing for others. Prescribes accuracy standards for testing. Requires Board to administer testing and issue regulations establishing levels considered positive. Prohibits granting license to applicants who test positive unless after r ' hearing Board fmds mitigating circumstances warrant granting license. Board may deny license where it finds applicant's substance use presents risk to potential clients. Applicants pay actual cost of tests. Summary of analysis of Director of Finance and Legislative Analyst of fiscal impact on state and local governments: This measure would result in annual state regulatory costs of less than $ paid through higher licensing fees by marriage family and child counselors and licensed social workers. r '

18 Slarena r-o_.._ - - ~ -. -.~... --~. ~ ~- r _ "'"...- _.- '.-...-; t_ _._ ~. " ~-...."<-' ~..;~ "_-:> ;;;.'= '.... " " N. Cedar Avenue. Lancaster CA Phone (805) n. Fax (805) UHUL61A@PRODGY.COM ". " i """" i'ii ;'"."". i' F~o7.3 November Rosemary Calderon nitiative Coordinator Department of Justice Street Sacramento CA Re: Proposed nitiative Measure MARRAGE FAMLY and CHLD COUNSELOR and CLNCAL SOCAL WORKER PRELCENSURE SUBSTANCE ABUSE TESTNG ACT OF 1998 Dear Ms. Calderon r "' Please find check # 1710 in the amount of$ am requesting a title and summary (official summary of the above measure). Also enclosed please find a copy of the proposed nitiative Measure. anticipate that the above measure will qualify for 1998 ballot. Lastly have forwarded a letter to Kathy Mitchell to withdraw my prior nitiative Measure: Marriage Family and Child Counselor and Licensed Clinical Social Worker Substance Abuse Testing Act oj 1998jile # SA97RF Please note my residence address is the same as above. Should you have any questions please feel free to contact me at the above number. Sincerely SM: rh " " '. f '."...-! l' /'..... " "e. "~.:.!'-h.'~:... ~.t'j':..._ '....'. 'tl...._"~ '". ~ ~ '""." ~'".~~...._1-. "... ~~ ".. " r J'~ ~ ~' : - '" ~ '" f l'... ~ '"; '-'.- (0. '1' ' ~. -..." ~ ~.. ~1. ". t.. ifl. ~....j) J '" " c... O 1.. :-~ 7.. _ "]'" _. v aretta Moffat r "' Enc: 7. "._."... ~.. "''''r' "''" ol._ " \.1" 1... ' v' 11.j-.r'''.'.~ \.. '..\... ~ ~ --." '... r-!\... 0\' '')' OFrlr-r _... --'-. ' (. '"" J C' '1'''' - ( "... ' 1 "" _

20 - J PAGE 1 NTATVE MEASURE TO BE SUBMTTED DRECTLY TO THE VOTERS 1Vee: Roman The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure: (Here set forth the title and summary prepared by the Attorney General. This title and summary must also be printed across the top of each page of the petition whereon signatures are to appear.) TO THE HONORABLE SECRETARY OF STATE OF CALFORNA S81& than ~2-R9iD~ We the undersigned registered qualified voters of California residents of Los Angeles County hereby propose amendments to the Business and Professions Code relating to substance abuse testing of applicants for licensure as marriage family and child counselors and clinical social workers and petition the Secretary of State to submit the same to the voters of California for their adoption or rejection at the next succeeding general election or at any special statewide election held prior to that general election or otherwise provided by law. The proposed statutory amendments (full title and text of the measure) read as follows: An act to add Chapter 13.5 (commencing with Section ) to Division 2 of the Business and Professions Code relating to prelicensure substance abuse testing_ -- t SECTON 1. This act shall be known and may be.. )... " llft t. ill.'. 4 ; DOl

22 J PAGE 2 cited as the Marriage Family and Child Counselor and Clinical Social Worker Prelicensure Substance Abuse Testing Act of SEC. 2. Chapter 13.5 (commencing with Section ) is added to Division 2 of the Business and Professions Code to read: CHAPTER MARRAGE FAMLY AND CHLD COUNSELOR AND CLNCAL SOCAL WORKER PRELCENSURE SUBSTANCE ABUSE TESTNG ACT OF (a) Every applicant for licensure as a marriage family and child counselor pursuant to Chapter 13 (commencing with Section 4980) and every applicant for licensure as a clinical social worker pursuant to Chapter 14 (commencing with Section 4990) shall undergo substance abuse testing prior to the issuance of a license. (b) Substances to be tested for shall include at a minimum all of the following: (1) Amphetamines and methamphetamines. (2) Cocaine. (3) Marijuana/cannabinoids (THe). (4) Opiates. (5) Phencyclidine (PCP). (6) Barbituates. (7) Benzodiazepines. i i J r

24 r '. (8) Methaqualone. (9) Alcohol. PAGE (a) f an applicant tests positive for substance use the Board of Behavioral Sciences shall notify the applicant in writing of the test result and of the applicant's right to a hearing before the board to present mitigating circumstances if any. The applicant may request a hearing by sending a written request for a hearing to the offices of the board within 30 days after the board mails the notice to the applicant. f a hearing is not requested the board shall deny the applicant licensure. f a hearing is requested it shall be convened within 60 days after the board receives the written request. (b) n determining whether or not there are mitigating circumstances that would justify allowing the applicant to retake the substance abuse test or that would justify the issuance of a license to the applicant without the need to retake the test the board shall consider the following factors: (1) The harm if any to the public health and welfare that appears likely to result from the substance. use by the applicant. (2) Whether the substance use is legal or the i :!! substance was taken pursuant to a valid prescription. i

26 r " PAGE 4 However if the board determines that an applicant's use ( of a substance including use that is pursuant to a valid prescription creates a foreseeable danger to the public health and welfare by putting the safety or well-being of r "' the applicant's potential clients at risk the board may proceed with denying the applicant licensure (a) The board shall administer the prelicensure substance abuse testing provided for pursuant. to this chapter and may adopt necessary implementing regulations. (b) After consulting with expert staff of the laboratory or laboratories selected to perform the testing required pursuant to this chapter the board shall adopt regulations that provide test cutoff levels that will identify positive test results while minimizing false positive test results. The regulations shall also state the level of alcohol to be no less than the level that may result in a finding of driving under the influence pursuant to Section of the Vehicle Code that will result in a positive test result. (c) The board shall adopt regulations regarding the testing process that require an initial test administered pursuant to this chapter to be one that is scientifically proven to be at least as accurate and valid as the test conducted with a gas chromatograph with a mass r ' ~.~L _ il. _is.. 2 =.. _L"-<"... N ow; _.:.... t..

28 r ' PAGE 5 J spectrometer detector before a sample is considered positive. A positive initial test result may be confirmed utilizing a test of the applicant's hair conducted in a manner that is demonstrated to be scientifically accurate (a) Except as provided in subdivision (b) any cost generated pursuant to this chapter shall be paid by the board which may increase the fees paid by applicants as necessary. (b) All applicants are required to undergo a prelicensure substance abuse test. The applicant shall pay the board an amount equal to the actual cost incurred by the board for administering the test The provisions of this chapter are severable. f any provision of this chapter or its application is held invalid that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application !

Marriage Family Child Counselors. Licensed Clinical Social Workers. Substance Abuse Testing.

University of California, Hastings College of the Law UC Hastings Scholarship Repository Initiatives California Ballot Propositions and Initiatives 10-24-1997 Marriage Family Child Counselors. Licensed