BILL NUMBER: AB 2374	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 1, 2014
	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 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  and investigated  by the department in a timely
manner. The bill would specify the content of telephonic and written
reports of  events or incidents   resident
deaths  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 prohibit the department from approving  an
  a certifying  organization for those purposes
that does not, prior to registering or certifying  a
counselor, consult with the available electronic databases of certain
  an individual, contact  other  approved
counselor   department-approved  certifying
organizations to determine whether the  person  
individual  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  department's  death investigation
policy  of the department  shall be designed to
ensure that a resident's death is  reported by the licensee
and  addressed  and investigated  by the department
in a timely manner.
   (b) The telephonic and written reports of  events or
incidents   resident deaths  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   future
death  .
  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   Except for licensed professionals,
as defined by the department, the    department shall
require that a counselor working within a program described in
subdivision (a) be registered with or certified by  an
  a certifying  organization approved by the
department to register and certify counselors. The department shall
not approve  an   a certifying 
organization that does not, prior to registering or certifying
 a counselor,   an individual,  
consult with the available electronic databases of the 
contact  other department-approved  counselor
registration and certification   certifying 
organizations to determine whether the  person  
individual  has ever had his or her registration or
certification  as a counselor  revoked.