BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2374|
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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
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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
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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
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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
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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
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