BILL NUMBER: AB 2403 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Bloom
(Principal coauthor: Assembly Member Wilk)
(Coauthor: Assembly Member Brough)
FEBRUARY 19, 2016
An act to amend Section 11834.09 of the Health and Safety Code,
relating to alcoholism and drug abuse.
LEGISLATIVE COUNSEL'S DIGEST
AB 2403, as introduced, Bloom. Alcoholism or drug abuse recovery
or treatment facilities.
Existing law provides for the licensure, certification, and
regulation of alcoholism or drug abuse recovery or treatment
facilities, as defined, administered by the State Department of
Health Care Services. Existing law authorizes the department, if
certain criteria are met, to issue a single license to a residential
facility or a facility wherein separate buildings or portions of a
residential facility are integral components of a single alcoholism
or drug abuse recovery or treatment facility and all of the
components of the facility are managed by the same licensee.
This bill would instead require the department, if certain
criteria are met, to issue a single license to a residential facility
or integral facilities and would define integral facilities to mean
any combination of two or more facilities located on the same or
different parcels that collectively serve 7 or more persons, not
including the licensee or members of the licensee's family or persons
employed as facility staff, and that are under the control or
management of the same owner, operator, management company, or
licensee, or any affiliate of any of them, or which together comprise
one operation or enterprise.
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 11834.09 of the Health and Safety Code is
amended to read:
11834.09. (a) Upon receipt of a completed written application,
fire clearance, and licensing fee from the prospective licensee, and
subject to the department's review and determination that the
prospective licensee can comply with this chapter and regulations
adopted pursuant to this chapter, the department may
shall issue a single license to the following
types of alcoholism or drug abuse recovery or treatment facilities:
(1) A residential facility.
(2) A facility wherein separate buildings or portions of a
residential facility are integral components of a single alcoholism
or drug abuse recovery or treatment facility and all of the
components of the facility are managed by the same licensee.
(2) Integral facilities. As used in
this section, "integral facilities" means any combination
of two or more facilities located on the same or different
parcels that collectively serve seven or more persons, not including
the licensee or members of the licensee's family or persons employed
as facility staff and that are under the control or management of
the same owner, operator, management company, or licensee, or any
affiliate of any of them, or which together comprise one operation or
enterprise. Integral facilities shall include, but not be limited
to, the provision of housing in one facility and recovery
programming, treatment, meals, or any other service at another
facility, or facilities, or by assigning staff or a consultant
to provide services to or in more than one facility.
(b) Failure to submit a completed written application, fire
clearance, and payment of the required licensing fee in a timely
manner shall result in termination of the department's licensure
review and shall require submission of a new application by the
prospective licensee.
(c) Failure of the prospective licensee to demonstrate the
ability to comply with this chapter or the regulations adopted
pursuant to this chapter shall result in departmental denial of the
prospective licensee's application for licensure.