BILL NUMBER: AB 40 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 17, 2013
INTRODUCED BY Assembly Member Mansoor
DECEMBER 6, 2012
An act to amend Sections 11834.02, 11834.09, and 11834.23
11833 and 11834.26 of , and to add Section
11830.01 to, 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. 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.
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.
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.
This bill also would make technical, nonsubstantive changes to the
provisions described above.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11830.01 is added to the
Health and Safety Code , to read:
11830.01. (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.
SEC. 2. Section 11833 of the Health and
Safety Code is amended to read:
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. 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.
SEC. 3. Section 11834.26 of the Health
and Safety Code is amended to read:
11834.26. (a) The licensee shall provide at least one of the
following nonmedical services:
(1) Recovery services.
(2) Treatment services.
(3) Detoxification services.
(b) Licensees offering medical detoxification services shall
provide those services under the supervision of a medical doctor.
(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.
(b)
(d) 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.
(c)
(e) In the development of regulations implementing this
section, the written record requirements shall be modified or
adapted for social model programs.
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.