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.begin insert Existing regulations require licensees to report specified events and incidents to the department, including, among others, the death of a resident at a licensed facility.end insert
This bill would requirebegin delete 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.end deletebegin insert
the department to design its death investigation policy to ensure that the death of a resident of a licensed facility is reported by the licensee and addressed by the department in a timely manner. The bill would specify the content of telephonic and written reports of events or incidents occurring in a licensed facility that are required to be reported to the department.end insert
(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 wouldbegin delete require that,end deletebegin insert
prohibit the department from approving an organization for those purposes that does not,end insert prior to registering or certifying a counselor,begin delete the certifying organizationend delete consult with the available electronic databases of certain other approved counselor certifying organizations to determine whether the person has ever had his or her registration 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 11830.01 is added to the Health and
2Safety Code, to read:
(a) The death investigation policy of the department
4shall be designed to ensure that a resident’s death is reported by
5the licensee and addressed by the department in a timely manner.
6(b) The licensee shall make a telephonic report to the department
7within one working day of any of the following events or incidents:
8(1) Death of any resident for any cause, even if the death did
9not occur at the facility.
10(2) Any facility-related injury of any resident that requires
11medical treatment
by a physician at a health care facility licensed
12pursuant to Division 2 (commencing with Section 1200).
13(3) Poisonings.
14(4) Natural disasters that affect the facility premises.
15(5) Fires or explosions that occur in or on the facility premises
16
that necessitate action by a fire department or other emergency
17response unit.
P3 1(c) The telephonic report described in subdivision (b) shall be
2followed by a written report to the department, in a form prescribed
3by the department, within seven days of the event or incident.
4(d)
end delete
5begin insert(b)end insert The telephonic and written reportsbegin insert of events or incidents
6occurring in a licensed facility that are required to be reported to
7the departmentend insert
shall include, but not be limited to, a description
8of the event or incident, including the time, location, and nature
9of the event or incident, a list of immediate actions that were taken,
10including persons contacted, and a description of the followup
11action that is planned, including, but not limited to, steps taken to
12prevent a recurrence of the event or incident.
Section 11833 of the Health and Safety Code is
14amended to read:
(a) The department shall have the sole authority in
16state government to determine the qualifications, including the
17appropriate skills, education, training, and experience of personnel
18working within alcoholism or drug abuse recovery and treatment
19programs licensed, certified, or funded under this part.
20(b) The department shall require that a counselor working within
21a program described in subdivision (a) be registered with or
22certified by an organization approved by the department to register
23and certify counselors.begin delete Priorend deletebegin insert
The department shall not approve an
24organization that does not, priorend insert to registering or certifying a
25counselor,begin delete an approved organization shallend delete consult with the available
26electronic databases of the other department-approved counselor
27registration and certification organizations to determine whether
28the person has ever had his or her registration or certification as a
29counselor revoked.
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