DRUG REHAB: Counselors include sex offenders, embezzlers
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California is one of two states that don’t do background inquiries on people registering to do drug and alcohol rehab therapy
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SACRAMENTO — California’s lax system of credentialing drug and alcohol counselors has allowed convicted sex offenders, embezzlers and people with their own substance-abuse problems to work with vulnerable clients, according to a new report from the state Senate’s oversight office.
With demand for treatment services expected to grow as the federal health care law takes effect, Monday’s report by the Senate Office of Oversight and Outcomes found that California is virtually alone among states in not requiring criminal background checks for people registering to be substance-abuse counselors, or even asking applicants to disclose past trouble with the law.
The Senate investigation found 23 sex offenders who have been registered or certified to work as substance-abuse counselors since 2005. Those are just the counselors with unusual names who could be matched against the state’s sex-offender database; the actual total is likely much larger, the report said.
“Obviously, the main risk is that you could have someone in a counseling position who has quite a bit of control over a client,” Maia Christopher, executive director of the Oregon-based Association for the Treatment of Sexual Offenders, said in the report.
A “balkanized” network of seven accrediting organizations largely fails to detect such problems. Counselors jump from organization to organization to avoid scrutiny of criminal convictions or when they are in danger of missing a certification deadline, the report found.
The Department of Alcohol and Drug Programs, which oversees the counseling industry, is scheduled to disappear in July and its responsibilities folded into the Department of Health Care Services. Monday’s report recommends that lawmakers consider “drastic changes” to repair the system before then, including creating a centralized database to flag people with high-risk backgrounds who seek to become counselors.
The Senate office’s investigation did not include full names. It highlighted several cases in Inland Southern California, including some in which people lost licenses to work in other professions before registering as substance-abuse counselors.
A Redlands doctor identified in the report as “E. W.” surrendered his medical license in 2005 when authorities concluded that he had been prescribing dangerous medicines over the Internet to patients he had never met. The state medical board’s investigation also cited a 1993 case in which E. W. was found to have engaged in sexual conduct with two patients.
In 2011, E.W. registered to work as a counselor with the Sacramento-based Breining Institute, one of seven certifying organizations in the state. His registration expired in January 2013.
In Murrieta, “S. N.” lost his nursing license in 2001 after he was convicted of child molestation. The man also had a history of drug use.
S. N. registered with the Sacramento-based California Association of Alcoholism and Drug Abuse Counselors in 2005 and was certified as a counselor five years later. In 2011, he passed the test to become a higher-level counselor. He works for a substance-abuse treatment program in Murrieta.
Bob Dorris, chairman of the certification board for the California Association of Drinking Driver Treatment Programs, a certifying organization, said he was still reviewing the Senate office’s findings but added that “the problem is not new to us.”
“A this point I don’t think there’s any question that background checks should become a reality — including fingerprint-based background checks,” Dorris said.
Senate President Pro Tem Darrell Steinberg, D-Sacramento, said the report shows a need for more state oversight “to ensure better safety for people, especially children, who are particularly vulnerable.”
Some counselors are former substance abusers, the report found. That can help counselors connect with their troubled clients. But California lacks any system to track counselors’ DUI arrests or other brushes with the law.
“Many have struggled with their own addictions. If they relapse as counselors, professionals in the field consider it crucial to keep them away from clients who are trying to stay sober themselves,” the report said.
In another Inland case cited in the report, “G. Y.” was a licensed vocational nurse in 2003 when officers arrested her for stealing from patients at the Riverside hospital where she worked. The nurse eventually accepted a plea deal and was sentenced to three years in prison.
The Senate oversight office cites news media coverage of the case. In 2005, The Press-Enterprise reported that Gemma Lou Yuman, of San Bernardino, started stealing from patients to support a methamphetamine habit.
As of Monday, Yuman was listed on the Breining Institute’s website as having an active certification. The Breining Institute did not return a call for comment.
In a statement late Monday afternoon, the Department of Drug and Alcohol Programs said it was still reviewing the report. “The department remains committed to protecting the health and safety of all clients served in the facilities we license and will take all appropriate action within our authority to do so,” it read.
In Texas, for example, certain crimes such as sex offenses against children or clients disqualify a person from ever working as a counselor, according to the report.
Pennsylvania is the only other state that does not conduct criminal-background checks or ask applicants about their criminal history.
Past legislation to toughen up California’s system, including a bill backed by the certifying organizations, stalled in committee.
Applicants for other professional licenses in California, ranging from doctors to accountants, get much more scrutiny, such as fingerprint checks.
“If you’re a sex offender, you’re not going to be a nurse or a dentist,” Russ Heimerich, spokesman for the Department of Consumer Affairs, said in the report.
CERTIFYING ORGANIZATIONS
There are seven organizations that register and certify substance-abuse counselors in California.
With demand for treatment services expected to grow as the federal health care law takes effect, Monday’s report by the Senate Office of Oversight and Outcomes found that California is virtually alone among states in not requiring criminal background checks for people registering to be substance-abuse counselors, or even asking applicants to disclose past trouble with the law.
The Senate investigation found 23 sex offenders who have been registered or certified to work as substance-abuse counselors since 2005. Those are just the counselors with unusual names who could be matched against the state’s sex-offender database; the actual total is likely much larger, the report said.
“Obviously, the main risk is that you could have someone in a counseling position who has quite a bit of control over a client,” Maia Christopher, executive director of the Oregon-based Association for the Treatment of Sexual Offenders, said in the report.
A “balkanized” network of seven accrediting organizations largely fails to detect such problems. Counselors jump from organization to organization to avoid scrutiny of criminal convictions or when they are in danger of missing a certification deadline, the report found.
The Department of Alcohol and Drug Programs, which oversees the counseling industry, is scheduled to disappear in July and its responsibilities folded into the Department of Health Care Services. Monday’s report recommends that lawmakers consider “drastic changes” to repair the system before then, including creating a centralized database to flag people with high-risk backgrounds who seek to become counselors.
The Senate office’s investigation did not include full names. It highlighted several cases in Inland Southern California, including some in which people lost licenses to work in other professions before registering as substance-abuse counselors.
A Redlands doctor identified in the report as “E. W.” surrendered his medical license in 2005 when authorities concluded that he had been prescribing dangerous medicines over the Internet to patients he had never met. The state medical board’s investigation also cited a 1993 case in which E. W. was found to have engaged in sexual conduct with two patients.
In 2011, E.W. registered to work as a counselor with the Sacramento-based Breining Institute, one of seven certifying organizations in the state. His registration expired in January 2013.
In Murrieta, “S. N.” lost his nursing license in 2001 after he was convicted of child molestation. The man also had a history of drug use.
S. N. registered with the Sacramento-based California Association of Alcoholism and Drug Abuse Counselors in 2005 and was certified as a counselor five years later. In 2011, he passed the test to become a higher-level counselor. He works for a substance-abuse treatment program in Murrieta.
Bob Dorris, chairman of the certification board for the California Association of Drinking Driver Treatment Programs, a certifying organization, said he was still reviewing the Senate office’s findings but added that “the problem is not new to us.”
“A this point I don’t think there’s any question that background checks should become a reality — including fingerprint-based background checks,” Dorris said.
Senate President Pro Tem Darrell Steinberg, D-Sacramento, said the report shows a need for more state oversight “to ensure better safety for people, especially children, who are particularly vulnerable.”
PUBLIC AND PRIVATE
There are about 36,000 registered or certified counselors who work in 2,534 private and publicly funded substance-abuse programs. They range from outpatient treatment to upscale inpatient programs, such as the Betty Ford Center in Rancho Mirage.Some counselors are former substance abusers, the report found. That can help counselors connect with their troubled clients. But California lacks any system to track counselors’ DUI arrests or other brushes with the law.
“Many have struggled with their own addictions. If they relapse as counselors, professionals in the field consider it crucial to keep them away from clients who are trying to stay sober themselves,” the report said.
In another Inland case cited in the report, “G. Y.” was a licensed vocational nurse in 2003 when officers arrested her for stealing from patients at the Riverside hospital where she worked. The nurse eventually accepted a plea deal and was sentenced to three years in prison.
The Senate oversight office cites news media coverage of the case. In 2005, The Press-Enterprise reported that Gemma Lou Yuman, of San Bernardino, started stealing from patients to support a methamphetamine habit.
As of Monday, Yuman was listed on the Breining Institute’s website as having an active certification. The Breining Institute did not return a call for comment.
In a statement late Monday afternoon, the Department of Drug and Alcohol Programs said it was still reviewing the report. “The department remains committed to protecting the health and safety of all clients served in the facilities we license and will take all appropriate action within our authority to do so,” it read.
LENIENT OVERSIGHT
Other states’ oversight of substance-abuse counselors runs the gamut, but almost none have as lenient a system as California.In Texas, for example, certain crimes such as sex offenses against children or clients disqualify a person from ever working as a counselor, according to the report.
Pennsylvania is the only other state that does not conduct criminal-background checks or ask applicants about their criminal history.
Past legislation to toughen up California’s system, including a bill backed by the certifying organizations, stalled in committee.
Applicants for other professional licenses in California, ranging from doctors to accountants, get much more scrutiny, such as fingerprint checks.
“If you’re a sex offender, you’re not going to be a nurse or a dentist,” Russ Heimerich, spokesman for the Department of Consumer Affairs, said in the report.
CERTIFYING ORGANIZATIONS
There are seven organizations that register and certify substance-abuse counselors in California.
- Addiction Counselor Certification Board of California (Lakewood)
- American Academy of Health Care Providers in Addictive Disorders (Solano Beach)
- Board of Certification of Addiction Specialists (Sacramento)
- Breining Institute (Sacramento)
- California Association of Drinking Driver Treatment Programs (Sacramento)
- California Certification Board of Alcohol and Drug Counselors (Sacramento)
- Indian Alcoholism Commission of California Inc. (Redding)
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