Strongly Opposed Peer Certification Law is a gift to Republicans.
CARSON CITY — Personally formatting a mock up amendment was enough to wow enough Senators of the Senate Commerce and Labor Committee Friday to amend and do pass a strongly opposed state licensing bill. Assemblywoman Monroe-Moreno’s typing skills were rewarded by an “Amend and do pass” for AB 194 her bill to require certification of behavioral healthcare peer recovery support specialists.
AB 194 is the most restrictive licensing and certification law for peer recovery support ever proposed in the state. This bill will apply the full licensing authority of the state to people in recovery from mental illness or substance use disorder who seek to help others in recovery. If passed, the bill will require the generation of a public list of peer coaches, extensive training and supervision by licensed Drug and Alcohol counselors only.
AB 194 drew wide opposition including the Judges, NAMI Nevada (National Association on Mental Illness), Foundation for Recovery, safe and sober recovery houses, including Wee Care and Oxford Houses, and over 70 individuals in recovery who showed up at the Senate Hearing on May 8 expressing their opposition.
Following the hearing, Assemblywoman Monroe-Moreno drafted six amendments to the bill, providing exemptions and restrictions making the bill more complicated and drawing increased frustration by bill opponents.
In response to the new amendments, NAMI Nevada wrote to the committee:
“NAMI Nevada remains opposed to AB 194 for the reason that the certification process is complicated and expensive, and thus will act as a deterrent to peers in recovery entering peer recovery support services.”
This sentiment was echoed in various forms by each opponent, that AB 194 will serve as a deterrent to services for person seeking recovery. This bill has been substantially amended every time it saw the light of day.
At its first hearing before the Assembly Commerce and Labor committee, more opponents than supporters testified. Although detailed objections were documented, the only changes made by the sponsor were vague volunteer exemptions and cutting fees in half. Following the Senate hearing, where well vetted bills should only draw minor tweaks by amendment, AB 194 was broadly amended.
Notably absent from providing testimony was the State Board of Examiners of Drug Alcohol and Gambling Counselors (BEDAG), the Board that would be charged with the enforcement of the law. The Board noted a $100,000 fiscal note over two years, but was never asked to provide testimony to the committees under Democratic chairs.
The fiscal impact, accounting for a 30% increase in expenses for the board will be paid by current licensees, drug and alcohol counselors.
It is unusual for a new license to be created without the support or input from the state board that would be responsible for regulating the newly licensed profession.
While these details may not have been pertinent to the Democrats on the committee, the Republican members voted against this bill. Each in turn offered their kudos for the formatting by the Assemblywoman, however, raised concerns that the bill would stilt access to essential recovery supports throughout the state.
By a partisan vote (4-3), AB 194 advances to the full Senate. It was noted by the chairman, that the bill requires a 2/3rd majority to pass. With the current makeup of the Nevada Senate Democrats need at least three (3) votes to pass bills requiring supermajorities. Non-partisan Senator Farley is caucusing with the D’s on most items.
Assemblywoman Monroe-Moreno will need to convince two Republican Senators to defect from their caucus in support of this bill which remains strongly opposed by Nevada’s Judiciary and recovery support advocates. This is a tenuous position that the Assemblywoman from District 1 has put her party in.
If her strongly opposed bill fails to pass the Senate, the Republicans will have saved the Courts and mental health advocates by allowing them to continue the work they are doing unfettered. Conversely, the Democrats who vote for her bill will be voting against the courts and mental health services. Through advancing AB 194, this freshman assemblywoman is gifting the Republicans the support of the recovery community because they will block regulation experts have shown as harmful to addiction and mental health recovery.
A floor vote on AB 194 will generate a record. If the Senate Republicans stay locked in “no”, the record will show who supports the courts and recovery community, and who doesn’t (Democrats). This gesture has much more value than might be realized because if the Senate Republicans block this bill, they will be saving recovery from all the Democrats who have already voted for AB 194 (Assembly Democrats). Records matter, that is why both houses have dozens of different ways to keep names off the roll call.
Over the next week, AB 194 will force the hand of the Senate Democrats but the question is not whether to pass the bill or not. It is whether to support the work of the recovery community including the courts or to support an individual freshman Democrat Assemblywoman with excellent typing skills who may cost the Democrats their authority on mental health issues?
This article was written by Trey Delap
