BILL NUMBER: AB 2374	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mansoor

                        FEBRUARY 21, 2014

   An act to amend Section 11833 of, and to add Section 11830.01 to,
the Health and Safety Code, relating to substance abuse treatment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2374, as introduced, Mansoor. Substance abuse: recovery and
treatment services.
   (1) Existing law grants the Department of Health Care Services the
sole authority in state government to license adult alcoholism or
drug abuse recovery or treatment facilities. The department is
authorized to issue a license to specified types of facilities if
certain criteria are met.
   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.
   (2) Existing law grants the department 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 state law. The
department, by regulation, requires that a person who will provide
counseling services to those programs to register with, and be
certified by, a nationally accredited certifying organization
approved by the department.
   This bill would require the department to require that the
certifying organization consult with each of the other
department-approved nationally accredited certifying organizations
and the National Practitioner Data Bank to determine whether the
person has ever had his or her license or certification as a
counselor revoked.
   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
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 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
120130.
   (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.   (a)    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.

   (b) The department shall require that a counselor working within a
program described in subdivision (a) be certified by a nationally
accredited certifying organization that has consulted with all other
nationally accredited certifying organizations and the National
Practitioner Data Bank to determine whether the person has ever had
his or her license or certification as a counselor revoked.