BILL NUMBER: AB 40 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 7, 2013
AMENDED IN ASSEMBLY APRIL 17, 2013
INTRODUCED BY Assembly Member Mansoor
DECEMBER 6, 2012
An act to amend Sections 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.
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 shall be 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 of 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.
(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.
(e) In the development of regulations implementing this section,
the written record requirements shall be modified or adapted for
social model programs.