Amended in Assembly April 8, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2374

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.

This bill would require an alcoholism or drug abuse program licensee to report specified events or incidents, including among other things, the death of a program resident, telephonically within one working day of the event or incident, and to provide a written report, as specified, within 7 days of the event or incident.

(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 require begin delete the department to require that end delete begin insert that, prior to registering or certifying a counselor, end insert the certifying organization consult with begin delete each of the other department-approved nationally accredited certifying organizations and the National Practitioner Data Bank end delete begin insert the available electronic databases of certain other approved counselor certifying organizations end insert to determine whether the person has ever had his or her begin delete license end delete begin insert registration end insert 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 death investigation policy of the department
shall be designed to ensure that a resident’s death is reported by
the licensee and addressed by the department in a timely manner.

(b) The licensee shall make a telephonic report to the department
within one working day of any of the following events or incidents:

(1) Death of any resident for any cause, even if the death did
not occur at the facility.

(2) Any facility-related injury of any resident that requires
medical treatment begin insert by a physician at a health care facility licensed
pursuant to Division 2 (commencing with Section 1200) end insert .

begin delete

(3) All cases of communicable disease reportable under Section
120130.

(4)

end delete

begin insert (3) end insert  Poisonings.

begin delete

(5)

end delete

begin insert (4) end insert  Natural disasters that affect the facility premises.

begin delete

(6)

end delete

begin insert (5) end insert  Fires or explosions that occur in or on the facility premises
begin insert that necessitate action by a fire department or other emergency
response unit end insert .

begin delete

(7) Unusual events or incidents that affect the physical or
emotional health or safety of any resident.

end delete

(c) The telephonic report described in subdivision (b) shall be
followed by a written report to the department, in a form prescribed
by the department, within seven days of the event or incident.

(d) The telephonic and written reports 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.

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 department shall require that a counselor working within
a program described in subdivision (a) be begin insert registered with or end insert
certified by begin delete a nationally accredited certifying organization that has
consulted with all other nationally accredited certifying
organizations and the National Practitioner Data Bank end delete begin insert an
organization approved by the department to register and certify
counselors. Prior to registering or certifying a counselor, an
approved organization shall consult with the available electronic
databases of the other department-approved counselor registration
and certification organizations end insert to determine whether the person
has ever had his or her begin delete license end delete begin insert registration end insert or certification as a
counselor revoked.