Amended in Assembly April 17, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 40

Introduced by Assembly Member Mansoor

December 6, 2012

An act to amend Sections begin delete 11834.02, 11834.09, and 11834.23 end delete begin insert 11833 and 11834.26 end insert of begin insert , and to add Section 11830.01 to, end insert the Health and Safety Code, relating to substance abuse.

LEGISLATIVE COUNSEL’S DIGEST

AB 40, as amended, Mansoor. Substance abuse: recovery and treatment facilities.

Existing law provides for the licensure, certification, and regulation of alcoholism or drug abuse recovery or treatment facilities serving adults, administered by the State Department of Alcohol and Drug Programs. Existing law authorizes the department to issue a license to specified types of facilities if certain criteria are met. begin delete Under existing law, these facilities include a facility wherein separate buildings or portions of a residential facility are integral components of a single alcoholism or drug abuse recovery or treatment facility and all of the components of the facility are managed by the same licensee. end delete

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Existing law deems an alcoholism or drug abuse recovery or treatment facility that serves 6 or fewer persons to be a residential use of property for the purposes of the law relating to regulating alcoholism or drug abuse recovery or treatment facilities, whether or not unrelated persons are living together, and subject to specified conditions. In addition, the residents and operators of a facility that satisfies these conditions are considered a family for the purposes of any law or zoning ordinance that relates to the residential use of property.

end delete begin delete

This bill would require, rather than authorize, the department to issue a license if the above criteria are met. The bill would identify facilities with common management of separate facility components, as specified, as “integral facilities,” and would exclude these integral facilities from being considered a residential use of property for purposes of the law regulating alcoholism or drug abuse recovery or treatment facilities. The bill would authorize integral facilities to collectively serve 7 or more persons, as specified.

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This bill also would make technical, nonsubstantive changes to the provisions described above.

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Existing law reorganizes the duties of the State Department of Alcohol and Drug Programs to be under the authority of the California Health and Human Services Agency, and to be continued by departments within that agency.

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This bill would require an alcoholism or drug abuse program licensee to report specified events or incidents, including among other things, the death of a program resident, telephonically within one working day of the event or incident, and to provide a written report, as specified, within 7 days of the event or incident. The bill would require licensees offering medical detoxification services to do so under the supervision of a medical doctor and would require the department that will succeed to the State Department of Alcohol and Drug Programs’ duties in this regard to confirm health care providers providing medical services, as specified, have appropriate licenses and that monitoring is in place, as specified. The bill would require the department to establish a formal procedure for obtaining information from boards that license health care providers as to any potential disciplinary proceedings against those providers by a board.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 11830.01 is added to the end insert begin insert Health and
Safety Code end insert begin insert , to read: end insert

begin insert

begin insert 11830.01. end insert   

(a) The death investigation policy of the department
is designed to ensure that a resident’s death is reported by the
licensee and addressed by the department in a timely manner.

(b) The licensee shall make a telephonic report to the department
within one working day for any of the following events or incidents:

(1) Death of any resident for any cause, even if the death did
not occur at the facility.

(2) Any facility-related injury of any resident that requires
medical treatment.

(3) All cases of communicable disease reportable under Section
2500 of Title 17 of the California Code of Regulations.

(4) Poisonings.

(5) Natural disasters that affect the facility premises.

(6) Fires or explosions that occur in or on the facility premises.

(7) Unusual events or incidents that affect the physical or
emotional health or safety of any resident.

(c) The telephonic report described in subdivision (b) shall be
followed by a written report to the department, in a form prescribed
by the department, within seven days of the event or incident.

(d) The telephonic and written reports shall include, but not be
limited to, a description of the event or incident, including the
time, location, and nature of the event or incident, a list of
immediate actions that were taken, including persons contacted,
and a description of the followup action that is planned, including,
but not limited to, steps taken to prevent a recurrence of the event
or incident.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 11833 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

11833.  

The department shall have the sole authority in state
government to determine the qualifications, including the
appropriate skills, education, training, and experience of personnel
working within alcoholism or drug abuse recovery and treatment
programs licensed, certified, or funded under this part. begin insert The
department shall establish a formal procedure for obtaining, to
the extent permitted by law, information from boards that license
health care providers as to any potential disciplinary proceedings
against those providers by the board. end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 11834.26 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

11834.26.  

(a) The licensee shall provide at least one of the
following nonmedical services:

(1) Recovery services.

(2) Treatment services.

(3) Detoxification services.

begin insert

(b) Licensees offering medical detoxification services shall
provide those services under the supervision of a medical doctor.

end insert begin insert

(c) The department shall confirm that appropriate licensing is
in place for medical doctors providing services pursuant to
subdivision (b), and confirm that appropriate licensing and
monitoring is in place for health care providers who provide any
intravenous medication or detoxification medication.

end insert begin delete

(b)

end delete

begin insert (d) end insert  The department shall adopt regulations requiring records
and procedures that are appropriate for each of the services
specified in subdivision (a). The records and procedures may
include all of the following:

(1) Admission criteria.

(2) Intake process.

(3) Assessments.

(4) Recovery, treatment, or detoxification planning.

(5) Referral.

(6) Documentation of provision of recovery, treatment or
detoxification services.

(7) Discharge and continuing care planning.

(8) Indicators of recovery, treatment, or detoxification outcomes.

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(c)

end delete

begin insert (e) end insert  In the development of regulations implementing this section,
the written record requirements shall be modified or adapted for
social model programs.

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SECTION 1.  

Section 11834.02 of the Health and Safety Code
is amended to read:

11834.02.  

(a) As used in this chapter, “alcoholism or drug
abuse recovery or treatment facility,” “facility,” or “facilities,”
means any premises, place, or building that provides 24-hour
residential nonmedical services to adults who are recovering from
problems related to alcohol, drug, or alcohol and drug misuse or
abuse, and who need alcohol, drug, or alcohol and drug recovery
treatment or detoxification services.

(b) As used in this chapter, “adults” may include, but is not
limited to, all of the following:

(1) Mothers over 18 years of age and their children.

(2) Emancipated minors, which may include, but is not limited
to, mothers under 18 years of age and their children.

(c) As used in this chapter, “emancipated minors” means persons
under 18 years of age who have acquired emancipation status
pursuant to Section 7002 of the Family Code.

(d) As used in this chapter, “integral facilities” means any
combination of two or more facilities, located on the same or
different parcels, that collectively serve seven or more persons,
not including the licensee or members of the licensee’s family or
persons employed as facility staff, that are under the control or
management of the same owner, operator, management company,
or licensee, or any affiliate of any of them, and which together
comprise one operation. Integral facilities shall include, but not
be limited to, the provision of housing in one facility and recovery
programming, treatment, meals, or any other service or services
at another facility, or facilities, or by assigning staff, or a consultant
or consultants, to provide services to or in more than one facility.

(e) Notwithstanding subdivision (a), an alcoholism or drug abuse
recovery or treatment facility may serve adolescents upon the
issuance of a waiver granted by the department pursuant to
regulations adopted under subdivision (c) of Section 11834.50.

SEC. 2.  

Section 11834.09 of the Health and Safety Code is
amended to read:

11834.09.  

(a) Upon receipt of a completed written application,
fire clearance, and licensing fee from the prospective licensee, and
subject to the department’s review and determination that the
prospective licensee can comply with this chapter and regulations
adopted pursuant to this chapter, the department shall issue a single
license to the following types of alcoholism or drug abuse recovery
or treatment facilities:

(1) A residential facility, other than integral facilities.

(2) Integral facilities, as defined in subdivision (d) of Section
11834.02.

(b) Failure to submit a completed written application, fire
clearance, and payment of the required licensing fee in a timely
manner shall result in termination of the department’s licensure
review and shall require submission of a new application by the
prospective licensee.

(c) Failure of the prospective licensee to demonstrate the ability
to comply with this chapter or the regulations adopted pursuant to
this chapter shall result in departmental denial of the prospective
licensee’s application for licensure.

SEC. 3.  

Section 11834.23 of the Health and Safety Code is
amended to read:

11834.23.  

(a) Whether or not unrelated persons are living
together, an alcoholism or drug abuse recovery or treatment facility
that serves six or fewer persons shall be considered a residential
use of property for the purposes of this article. In addition, the
residents and operators of the facility shall be considered a family
for the purposes of any law or zoning ordinance that relates to the
residential use of property pursuant to this article.

(b) For the purpose of all local ordinances, an alcoholism or
drug abuse recovery or treatment facility that serves six or fewer
persons shall not be included within the definition of a boarding
house, rooming house, institution, or home for the care of minors,
the aged, or the mentally infirm, foster care home, guest home,
rest home, sanitarium, mental hygiene home, or other similar term
that implies that the alcoholism or drug abuse recovery or treatment
home is a business run for profit, or differs in any other way from
a single-family residence.

(c) This section shall not be construed to forbid a city, county,
or other local public entity from placing restrictions on building
heights, setback, lot dimensions, or placement of signs of an
alcoholism or drug abuse recovery or treatment facility that serves
six or fewer persons as long as the restrictions are identical to those
applied to other single-family residences.

(d) This section shall not be construed to forbid the application
to an alcoholism or drug abuse recovery or treatment facility of
any local ordinance that deals with health and safety, building
standards, environmental impact standards, or any other matter
within the jurisdiction of a local public entity. However, the
ordinance shall not distinguish alcoholism or drug abuse recovery
or treatment facilities that serve six or fewer persons from other
single-family dwellings, or distinguish residents of alcoholism or
drug abuse recovery or treatment facilities, from persons who
reside in other single-family dwellings.

(e) A conditional use permit, zoning variance, or other zoning
clearance shall not be required of an alcoholism or drug abuse
recovery or treatment facility that serves six or fewer persons that
is not required of a single-family residence in the same zone.

(f) Use of a single-family dwelling for purposes of an alcoholism
or drug abuse recovery facility serving six or fewer persons shall
not constitute a change of occupancy for purposes of Part 1.5
(commencing with Section 17910) of Division 13 or local building
codes. However, nothing in this section is intended to supersede
Section 13143 or 13143.6, to the extent those sections are
applicable to alcoholism or drug abuse recovery or treatment
facilities serving six or fewer residents.

(g) This section shall not apply to integral facilities, as defined
in subdivision (d) of Section 11834.02.

end delete