BILL NUMBER: AB 972 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 29, 2011
AMENDED IN SENATE JUNE 15, 2011
AMENDED IN ASSEMBLY APRIL 13, 2011
INTRODUCED BY Assembly Members Butler and Beall
( Coauthor: Assembly Member
Mitchell )
FEBRUARY 18, 2011
An act to amend, repeal, and add Section 11834.02 of, and to add
Section 11833.05 to, the Health and Safety Code, relating to
alcoholism or drug abuse treatment.
LEGISLATIVE COUNSEL'S DIGEST
AB 972, as amended, Butler. Substance abuse: treatment facilities.
Existing law provides for the licensure, certification, and
regulation of alcoholism or drug abuse recovery or treatment
facilities serving adults, administered by the State Department of
Alcohol and Drug Programs. These facilities are defined to mean any
premises, place, or building that provides 24-hour residential
nonmedical services to adults who are recovering from problems
related to alcohol, drug, or alcohol and drug misuse or abuse, and
who need alcohol, drug, or alcohol and drug recovery treatment or
detoxification services.
This bill would, until January 1, 2017, revise the definition of
an alcoholism or drug abuse recovery or treatment facility to include
a facility that provides a prescribed medical program exclusively to
residents of the facility and that is accredited by a nationally
recognized accrediting organization.
Existing law requires the department to charge a fee to license
alcohol or drug abuse recovery or treatment facilities. Existing law
establishes the Residential and Outpatient Program Licensing Fund,
consisting of specified fees, fines, and penalties. Under existing
law, money in the fund, upon appropriation by the Legislature, is
available to support the department's licensing and certification
activities.
This bill would require the department to charge an alcohol or
drug abuse recovery or treatment facility a reasonable fee for the
initial license and for extension of the license, calculated every 2
years, as prescribed. This bill would prohibit the department from
levying a fee for licensure of nonprofit organizations or local
governmental entities for these purposes. The bill would require
legislative approval of new fees. This bill would also
authorize the department to charge a specified fee for licensure or
certification of a facility that provides a prescribed medical
program exclusively to residents of the facility and that is
accredited by a nationally recognized accrediting organization.
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 11833.05 is added to the Health and Safety
Code, to read:
11833.05. Notwithstanding Section 11833.02, for all programs,
facilities, or services licensed pursuant to Chapter 7.5 (commencing
with Section 11834.01), the following shall apply:
(a) The department shall calculate and establish the
a fee for initial licensure and for extension of
the period of licensure. The nonrefundable licensing fee shall be
calculated every two years in an amount sufficient to cover the
department's cost in administering the licensure under this chapter
for facilities other than nonprofit and local government
entities. No fee shall be levied for licensure of nonprofit or local
government entities. No fee shall exceed the reasonable cost to the
state incident to issuing the license, performing investigations,
inspections, and audits, enforcing orders, and administrative
enforcement and adjudication thereof.
(b) The department shall submit any proposed new fees or fee
changes to the Legislature for approval no later than April 1 of each
year as part of the spring finance letter process. No new fees or
fee changes shall be implemented without legislative approval.
(c) Unless funds are specifically appropriated from the General
Fund in the annual Budget Act or other legislation to support the
division, the Licensing and Certification Division, no later than the
beginning of the 2010-11 fiscal year, shall be supported entirely by
federal funds and special funds.
(b) For
(d) Additionally, for licensure
or certification of a facility that provides a program of limited
medical services as authorized in subdivision (e) of Section
11834.02, the department may charge a fee not in excess of
per bed fee based on, and not to exceed, the
patient slot fee for a narcotic treatment program licensed by the
department.
SEC. 2. Section 11834.02 of the Health and Safety Code is amended
to read:
11834.02. (a) As used in this chapter, "alcoholism or drug abuse
recovery or treatment facility" or "facility" means any premises,
place, or building that provides 24-hour residential nonmedical
services to adults who are recovering from problems related to
alcohol, drug, or alcohol and drug misuse or abuse, and who need
alcohol, drug, or alcohol and drug recovery treatment or
detoxification services, and may include a facility that provides a
medical program exclusively to residents of the facility pursuant to
subdivision (e) and that is accredited by a nationally recognized
accrediting organization.
(b) As used in this chapter, "adults" includes, but is not limited
to, all of the following:
(1) Mothers over 18 years of age and their children.
(2) Emancipated minors, which may include, but are not limited to,
mothers under 18 years of age and their children.
(c) As used in this chapter, "emancipated minors" means persons
under 18 years of age who have acquired emancipation status pursuant
to Section 7002 of the Family Code.
(d) Notwithstanding subdivision (a), an alcoholism or drug abuse
recovery or treatment facility may serve adolescents upon the
issuance of a waiver granted by the department pursuant to
regulations adopted under subdivision (c) of Section 11834.50.
(e) An alcoholism or drug abuse recovery or treatment facility may
provide medical services by a physician, exclusively to residents of
the facility for the purpose of assisting in detoxification and
treatment. The medical services provided under this subdivision shall
be limited to the following:
(1) Medical evaluation, psychiatric counseling, and prescription
of medications for assistance with detoxification.
(2) Additional psychiatric evaluation and counseling, if
necessary.
(3) Prescribing and monitoring of medications, including public
health inoculations.
(4) Obtaining medical histories and routine examinations for
general oversight of the medical condition of residents within the
facility.
(5) Routine, noninvasive testing, including drawing blood samples
for laboratory examination and testing offsite.
(f) Nothing contained in this section shall be construed to permit
the state or a local governmental entity to require the provision of
medical services within a facility as a condition of licensure,
funding, or other regulatory supervision.
(g) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 3. Section 11834.02 is added to the Health and Safety Code,
to read:
11834.02. (a) As used in this chapter, "alcoholism or drug abuse
recovery or treatment facility" or "facility" means a premises,
place, or building that provides 24-hour residential nonmedical
services to adults who are recovering from problems related to
alcohol, drug, or alcohol and drug misuse or abuse, and who need
alcohol, drug, or alcohol and drug recovery treatment or
detoxification services.
(b) As used in this chapter, "adults" includes, but is not limited
to, all of the following:
(1) Mothers over 18 years of age and their children.
(2) Emancipated minors, which may include, but are not limited to,
mothers under 18 years of age and their children.
(c) As used in this chapter, "emancipated minors" means persons
under 18 years of age who have acquired emancipation status pursuant
to Section 7002 of the Family Code.
(d) Notwithstanding subdivision (a), an alcoholism or drug abuse
recovery or treatment facility may serve adolescents upon the
issuance of a waiver granted by the department pursuant to
regulations adopted under subdivision (c) of Section 11834.50.
(e) This section shall become operative on January 1, 2017.