Board moves forward on uniform standards and disciplinary guidelines rulemaking

The California Board of Behavioral Sciences voted May 9 to adopt staff responses to public comments and to proceed with the board's rulemaking to amend the Uniform Standards related to substance abuse and the disciplinary guidelines.

Regulatory staff reported the 45-day public-comment period closed with two substantive comment letters. The changes under consideration clarify how the board treats violations involving drugs or alcohol and update minimum penalty lengths for certain offenses. Staff told the board the amendments largely codify existing probation practice and split one broad violation category into two to better align penalty ranges with the risk posed to consumers.

"The proposed language in section 18.88 modifies the text to say that a violation involving drugs or alcohol is presumed to be a substance abuse violation," regulatory manager Christy Berger explained during the presentation, adding the clarification was intended to match the board's implementation practice.

Staff and stakeholders also discussed proposed extensions of probation length for certain violations from one year to three-to-five years. The board declined to make additional changes requested by the California Association of Marriage and Family Therapists, noting the changes seek to better match penalty ranges to public-safety risk while acknowledging potential financial strain on probationers.

Board Member Wendy Strack moved and Doctor Annette Walker seconded staff's recommended responses to the public comments and a separate motion directing staff to complete the rulemaking package and file it with the Office of Administrative Law. Both motions carried; the board authorized the executive officer to make non-substantive edits and to complete the rulemaking if no adverse comments are received.

The board will now finalize the regulatory package and follow the remaining DCA and OAL review steps before the amendments can take effect.