BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2374| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 2374 Author: Mansoor (R) Amended: 8/22/14 in Senate Vote: 21 SENATE HEALTH COMMITTEE : 8-0, 6/25/14 AYES: Hernandez, Morrell, Beall, De León, DeSaulnier, Evans, Monning, Nielsen NO VOTE RECORDED: Wolk SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/14/14 AYES: De León, Hill, Lara, Padilla, Steinberg NO VOTE RECORDED: Walters, Gaines ASSEMBLY FLOOR : 73-0, 5/23/14 (Consent) - See last page for vote SUBJECT : Substance abuse: recovery and treatment services SOURCE : Author DIGEST : This bill requires the Department of Health Care Services (DHCS) to design its death investigation policy to ensure that the death of a resident at a licensed adult residential treatment facility (RTF) is addressed and investigated in a timely manner and specifies the content of telephonic and written reports of RTF resident deaths that are required to be reported. This bill requires that a telephonic report be submitted to DHCS within one working day, and a written report within seven calendar days, of the event or CONTINUED AB 2374 Page 2 incident. This bill prohibits DHCS from approving a certifying organization (CO) for purposes of providing counseling services if the CO does not, prior to registering or certifying an individual, contact other DHCS-approved COs to determine whether the individual has ever had his/her registration or certification revoked. This bill requires a CO to deny a counselor's request for registration if the counselor's registration or certification has been previously revoked, and to send the counselor a written notice of denial. Senate Floor Amendments of 8/22/14 require DHCS not to approve COs that do not contact other COs to determine whether an individual has ever had his/her registration or certification revoked; require COs to deny a request for registration or certification for counselors who previously had either of those revoked; provide DHCS the authority to conduct periodic reviews of COs to determine compliance with all applicable laws and regulations and to take actions for noncompliance; and make other technical, clarifying changes. ANALYSIS : Existing law: 1.Gives DHCS sole authority in state government to license RTFs and determine the qualifications of personnel working within RTFs or any facility licensed or certified by DHCS. Defines an RTF as any premises, place, or building that provides 24-hour residential non-medical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, as specified. 2.Requires, through regulation, RTFs to report to DHCS by telephone within one working day and in a written report within seven working days: deaths of residents from any cause. 3.Requires, through regulation, a DHCS-approved CO, prior to certifying any registrant, to contact all other DHCS-approved COs to determine if a registrant's certification was ever revoked. 4.Prohibits, through regulation, licensed professionals in good standing with their licensing agency from being required to CONTINUED AB 2374 Page 3 become certified by a CO in order to work at a facility licensed or certified by DHCS. Defines "licensed professional" as a physician licensed by the Medical Board of California; a psychologist licensed by the Board of Psychology (CBP); a clinical social worker or marriage and family therapist licensed by the Board of Behavioral Sciences (CBBS); or an intern registered with the CBP or the CBBS. Defines "in good standing" as the professional's license being valid and not revoked, suspended, or otherwise terminated. This bill: 1.Requires DHCS's death investigation policy to be designed to ensure that a resident's death is addressed and investigated in a timely manner. 2.Requires the telephonic and written reports of resident deaths occurring in an RTF that are required to be reported to DHCS to 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 follow-up action that is planned, including, but not limited to, steps taken to prevent a future death. 3.Requires a telephonic report which includes the event or incident and all required information listed in #2 above that is known at the time of the report to be submitted to DHCS within one working day, and a written report within seven calendar days, of the event or incident. 4.Requires DHCS, except for licensed professionals, to require that an individual providing counseling services working within an RTF to be registered with or certified by a CO approved by the DHCS to register and certify counselors. 5.Prohibits DHCS from approving a CO that does not, prior to registering or certifying an individual, contact other DHCS-approved COs to determine whether the individual has ever had his/her registration or certification revoked. 6.Specifies that if a counselor's registration or certification has been previously revoked, the CO shall deny the request for registration and shall send the counselor a written notice of CONTINUED AB 2374 Page 4 denial which specifies the counselor's right to appeal the denial in accordance with applicable statutes and regulations. 7.Requires DHCS to have the authority to conduct periodic reviews of COs to determine compliance with all applicable laws and regulations, and to take actions for noncompliance, including revocation of DHCS' approval. 8.Requires DHCS, without taking any further regulatory action, to implement, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time that regulations are adopted. 9.Requires DHCS to adopt these regulations by December 31, 2017. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee: One-time costs up to $250,000 to revise regulations and verify that COs comply with the requirements of this bill (General Fund and federal funds). Minor ongoing costs to periodically review policies and performance of COs (General Fund and federal funds). SUPPORT : (Verified 8/25/14) California Association of Addiction Recovery Resources California Narcotic Officers' Association League of California Cities Los Angeles County Board of Supervisors ARGUMENTS IN SUPPORT : According to the author's office, DHCS recently took over the responsibilities formerly held by the Department of Alcohol and Drug Programs to license and enforce regulations related to alcohol and drug substance abuse rehabilitation in residential facilities. However, there have been rising concerns that current regulations and enforcement are inadequate. These have been brought to light by both a recent State Senate report and various media coverage of CONTINUED AB 2374 Page 5 unfortunate deaths and accidents within these facilities. ASSEMBLY FLOOR : 73-0, 5/23/14 AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom, Bocanegra, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Grove, Hagman, Hall, Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor, Medina, Mullin, Muratsuchi, Nazarian, Olsen, Pan, Patterson, Perea, John A. Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins NO VOTE RECORDED: Bonilla, Harkey, Roger Hernández, Melendez, Nestande, V. Manuel Pérez, Vacancy JL:e 8/25/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED