BILL NUMBER: AB 2374	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 6, 2014
	AMENDED IN ASSEMBLY  APRIL 8, 2014

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 amended, 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.  Existing regulations require licensees
to report specified events and incidents to the department,
including, among others, the death of a resident at a licensed
facility. 
   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 department to design its death investigation
policy to ensure that the death of a resident of a licensed facility
is reported by the licensee and addressed by the department in a
timely manner. The bill would specify the content of telephonic and
written reports of events or incidents occurring in a licensed
facility that are required to be reported to the department. 
   (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 that,   prohibit the
department from approving an organization for those purposes that
does not,  prior to registering or certifying a counselor,
 the certifying organization  consult with the
available electronic databases of certain other approved counselor
certifying organizations to determine whether the person has ever had
his or her registration 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 by a physician at a health care facility licensed
pursuant to Division 2 (commencing with Section 1200). 

   (3) Poisonings.  
   (4) Natural disasters that affect the facility premises. 

   (5) Fires or explosions that occur in or on the facility premises
that necessitate action by a fire department or other emergency
response unit.  
   (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) 
    (b)  The telephonic and written reports  of events
or incidents occurring in a licensed   facility that are
required to be reported to the department  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 registered with or certified
by an organization approved by the department to register and
certify counselors.  Prior   The department
shall not approve an organization that does not, prior  to
registering or certifying a counselor,  an approved
organization shall  consult with the available electronic
databases of the other department-approved counselor registration and
certification organizations to determine whether the person has ever
had his or her registration or certification as a counselor revoked.