AB 395, as amended, Fox. Alcoholism and drug abuse treatment facilities.
Existing law requires the State Department of Alcohol and Drug Programs to license adult alcoholism and drug abuse recovery or treatment facilities, as defined.
This bill would include in the definition of alcoholism and drug abuse recovery and treatment facilities a premises, place, or building that provides 24-hour residentialbegin delete medicalend delete 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 and medical care under specified circumstances.
Existing law provides that the State Department of Alcohol and Drug Programs has the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities. Existing law authorizes the director of the department to suspend or revoke any license issued, or deny an application for licensure, for extension of the licensing period, or to modify the terms and conditions of a license under specified circumstances, including conduct in the operation of an alcoholism or drug abuse recovery or treatment facility that is inimical to the health, morals, welfare, or safety of either an individual in, or receiving services from, the facility or to the people of the State of California.
This bill would revise that circumstance to instead apply to conduct in the operation of an alcoholism or drug abuse recovery or treatment facility that endangers the health or safety of an individual receiving services. The bill would also revise the list of circumstances described above to include the failure to report to the department, within 24 hours, the death ofbegin delete anyend deletebegin insert
aend insert resident for any cause, even if the death did not occur at the facility.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 11834.02 of the Health and Safety Code
2 is amended to read:
(a) As used in this chapter, “alcoholism or drug
4abuse recovery or treatment facility” or “facility” means either of
5the following:
6(1) A premises, place, or building that provides 24-hour
7residential nonmedical services to adults who are recovering from
8problems related to alcohol, drug, or alcohol and drug misuse or
9abuse, and who need alcohol, drug, or alcohol and drug recovery
10treatment or detoxification services.
11(2) A premises, place, or building that provides 24-hour
12residentialbegin delete medicalend delete
services to adults who are recovering from
13problems related to alcohol, drug, or alcohol and drug misuse or
14abuse and who need alcohol, drug, or alcohol and drug recovery
15treatment or detoxification services and medical care if the
16premises, place, or building is not a chemical recovery dependency
17hospital pursuant to Section 1250.3, is accredited by a nationally
18recognized accrediting organization, and uses a multidisciplinary
19team that includes at least one physician and surgeon, licensed by
20the Medical Board of California or the Osteopathic Medical Board,
21who is knowledgeable about addiction medicine.
P3 1(b) As used in this chapter, “adults” includes, but is not limited
2to, all of the following:
3(1) Mothers over 18 years of age and their children.
4(2) Emancipated minors, which may include, but is not limited
5to, mothers under 18 years of age and their children.
6(c) As used in this chapter, “emancipated minors” means persons
7under 18 years of age who have acquired emancipation status
8pursuant to Section 7002 of the Family Code.
9(d) Notwithstanding subdivision (a), an alcoholism or drug
10abuse recovery or treatment facility may serve adolescents upon
11the issuance of a waiver granted by the department pursuant to
12regulations adopted under subdivision (c) of Section 11834.50.
Section 11834.36 of the Health and Safety Code is
14amended to read:
(a) The director may suspend or revoke any license
16issued under this chapter, or deny an application for licensure, for
17extension of the licensing period, or to modify the terms and
18conditions of a license, upon any of the following grounds and in
19the manner provided in this chapter:
20(1) Violation by the licensee of any provision of this chapter or
21regulations adopted pursuant to this chapter.
22(2) Repeated violation by the licensee of any of the provisions
23of this chapter or regulations adopted pursuant to this chapter.
24(3) Aiding, abetting, or permitting the violation of, or any
25repeated violation of, any of the provisions described in paragraph
26(1) or (2).
27(4) Conduct in the operation of an alcoholism or drug abuse
28recovery or treatment facility that endangers the health or safety
29of an individual receiving services.
30(5) Failure to report to the department, within 24 hours, the
31death ofbegin delete anyend deletebegin insert aend insert resident for any cause, even if the death did not
32occur at the facility.
33(6) Misrepresentation of any material fact in obtaining the
34alcoholism or drug
abuse recovery or treatment facility license.
35(7) Failure to pay any civil penalties assessed by the department.
36(b) The director may temporarily suspend any license prior to
37any hearing when, in the opinion of the director, the action is
38necessary to protect residents of the alcoholism or drug abuse
39recovery or treatment facility from physical or mental abuse,
40abandonment, or any other substantial threat to health or safety.
P4 1The director shall notify the licensee of the temporary suspension
2and the effective date of the temporary suspension and at the same
3time shall serve the provider with an accusation. Upon receipt of
4a notice of defense to the accusation by the licensee, the director
5shall, within 15 days, set the matter for hearing, and the hearing
6shall be held as soon as possible. The
temporary suspension shall
7remain in effect until the time the hearing is completed and the
8director has made a final determination on the merits. However,
9the temporary suspension shall be deemed vacated if the director
10fails to make a final determination on the merits within 30 days
11after the department receives the proposed decision from the Office
12of Administrative Hearings.
O
96