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.
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.begin delete 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.end delete
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 11830.01 is added to the Health and
2Safety Code, to read:
(a) The death investigation policy of the department
4begin delete isend deletebegin insert shall beend insert designed to ensure that a resident’s death is reported by
5the licensee and addressed by the department in a timely manner.
6(b) The licensee shall make a telephonic report to the department
7within one working daybegin delete forend deletebegin insert ofend insert any of the following events or
8incidents:
9(1) Death of any resident for any cause, even if the death did
10not occur at the facility.
11(2) Any facility-related injury of any resident that requires
12medical treatment.
13(3) All cases of communicable disease reportable under Section
142500 of Title 17 of the California Code of Regulations.
15(4) Poisonings.
16(5) Natural disasters that affect the facility premises.
17(6) Fires or explosions that occur in or on the facility premises.
18(7) Unusual events or incidents that affect the physical or
19emotional
health or safety of any resident.
20(c) The telephonic report described in subdivision (b) shall be
21followed by a written report to the department, in a form prescribed
22by the department, within seven days of the event or incident.
23(d) The telephonic and written reports shall include, but not be
24limited to, a description of the event or incident, including the
25time, location, and nature of the event or incident, a list of
26immediate actions that were taken, including persons contacted,
27and a description of the followup action that is planned, including,
P3 1but not limited to, steps taken to prevent a recurrence of the event
2or incident.
Section 11833 of the Health and Safety Code is
4amended to read:
The department shall have the sole authority in state
6government to determine the qualifications, including the
7appropriate skills, education, training, and experience of personnel
8working within alcoholism or drug abuse recovery and treatment
9programs licensed, certified, or funded under this part. The
10department shall establish a formal procedure for obtaining, to the
11extent permitted by law, information from boards that license
12health care providers as to any potential disciplinary proceedings
13against those providers by the board.
Section 11834.26 of the Health and Safety Code is
15amended to read:
(a) The licensee shall provide at least one of the
17following nonmedical services:
18(1) Recovery services.
19(2) Treatment services.
20(3) Detoxification services.
21(b) Licensees offering medical detoxification services shall
22provide those services under the supervision of a medical doctor.
23(c) The department shall confirm that appropriate licensing is
24in place for medical doctors providing services pursuant to
25subdivision (b), and confirm that appropriate licensing and
26monitoring is in place for health care providers who provide any
27intravenous medication or detoxification medication.
28(d) The department shall adopt regulations requiring records
29and procedures that are appropriate for each of the services
30specified in subdivision (a). The records and procedures may
31include all of the following:
32(1) Admission criteria.
33(2) Intake process.
34(3) Assessments.
35(4) Recovery, treatment, or detoxification planning.
36(5) Referral.
37(6) Documentation of provision of recovery, treatment or
38detoxification services.
39(7) Discharge and continuing care planning.
40(8) Indicators of recovery, treatment, or detoxification outcomes.
P4 1(e) In the development of regulations implementing this section,
2the written record requirements shall be modified or adapted for
3social model programs.
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