Amended in Senate July 10, 2013

Amended in Senate June 24, 2013

Amended in Assembly May 24, 2013

Amended in Assembly April 18, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 395

Introduced by Assembly Member Fox

(Coauthor: Assembly Member Chesbro)

February 15, 2013

An act to amend Sections 11834.02 and 11834.36 of begin insert , to add Section 11834.04 to, and to add and repeal Section 11834.05 of, end insert the Health and Safety Code, relating to alcohol and drug programs.

LEGISLATIVE COUNSEL’S DIGEST

AB 395, as amended, Fox. Alcoholism and drug abuse treatment facilities.

Existing law requires the State Department of begin delete Alcohol and Drug Programs end delete begin insert Health Care Services end insert 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 residential 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. begin insert The bill would authorize a facility to provide medical services exclusively to residents of the facility and in specified limited circumstances. The bill, until January 1, 2018, would also require the department to conduct an evaluation of the program licensing alcoholism and drug abuse recovery and treatment facilities that provides 24-hour residential services to adults who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services and medical care and would require the department, on or before January 1, 2016, to report to the appropriate fiscal and policy committees of the Legislature. end insert

Existing law provides that the State Department of begin delete Alcohol and Drug Programs end delete begin insert Health Care Services end insert 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 of a 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 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” or “facility” means either of
the following:

(1) A 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.

(2) A premises, place, or building that provides 24-hour
residential 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 if the premises, place,
or building is not a chemical recovery dependency hospital
pursuant to Section 1250.3, is accredited by a nationally recognized
accrediting organization, and uses a multidisciplinary team that
includes at least one physician and surgeon, licensed by the
Medical Board of California or the Osteopathic Medical Board,
who is knowledgeable about addiction medicine.

(b) As used in this chapter, “adults” includes, but is not limited
to, begin delete all end delete begin insert both end insert 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) 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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 11834.04 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 11834.04. end insert   

(a) An alcoholism or drug abuse recovery or
treatment facility may provide medical services by a physician
exclusively to residents of the facility for the purpose of assisting
in detoxification and treatment. The medical services provided
under this subdivision shall be limited to all of the following:

(1) Medical evaluation, psychiatric counseling, and prescription
of medications for assistance in detoxification.

(2) Additional psychiatric evaluation and counseling, if
necessary.

(3) Prescribing and monitoring of medications, including public
health inoculations.

(4) Obtaining medical histories and routine examinations for
general oversight of the medical conditions of residents within the
facility.

(5) Routine, noninvasive testing, including drawing blood
samples for laboratory examination and testing offsite.

(b) Nothing in this section shall be construed to permit the state
or a local government entity to require a facility to provide medical
services as a condition of licensure, funding, or other regulatory
supervision.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 11834.05 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 11834.05. end insert   

(a) The department shall conduct an evaluation of
the program licensing those alcoholism or drug abuse recovery
or treatment facilities identified in paragraph (2) of subdivision
(a) of Section 11834.02. On or before January 1, 2016, the
department shall submit a report on that evaluation to the
appropriate policy and fiscal committees of the Legislature.

(b) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2018, deletes or extends that date.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 4. end insert   

Section 11834.36 of the Health and Safety Code is
amended to read:

11834.36.  

(a) The director may suspend or revoke any license
issued under this chapter, or deny an application for licensure, for
extension of the licensing period, or to modify the terms and
conditions of a license, upon any of the following grounds and in
the manner provided in this chapter:

(1) Violation by the licensee of any provision of this chapter or
regulations adopted pursuant to this chapter.

(2) Repeated violation by the licensee of any of the provisions
of this chapter or regulations adopted pursuant to this chapter.

(3) Aiding, abetting, or permitting the violation of, or any
repeated violation of, any of the provisions described in paragraph
(1) or (2).

(4) 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.

(5) Failure to report to the department, within 24 hours, the
death of a resident for any cause, even if the death did not occur
at the facility.

(6) Misrepresentation of any material fact in obtaining the
alcoholism or drug abuse recovery or treatment facility license.

(7) Failure to pay any civil penalties assessed by the department.

(b) The director may temporarily suspend any license prior to
any hearing when, in the opinion of the director, the action is
necessary to protect residents of the alcoholism or drug abuse
recovery or treatment facility from physical or mental abuse,
abandonment, or any other substantial threat to health or safety.
The director shall notify the licensee of the temporary suspension
and the effective date of the temporary suspension and at the same
time shall serve the provider with an accusation. Upon receipt of
a notice of defense to the accusation by the licensee, the director
shall, within 15 days, set the matter for hearing, and the hearing
shall be held as soon as possible. The temporary suspension shall
remain in effect until the time the hearing is completed and the
director has made a final determination on the merits. However,
the temporary suspension shall be deemed vacated if the director
fails to make a final determination on the merits within 30 days
after the department receives the proposed decision from the Office
of Administrative Hearings.