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. 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.
This bill would require the department to design its death investigation policy to ensure that the death of a resident of a licensed facility is addressed and investigated by the department in a timely manner. The bill would specify the content of telephonic and written reports of resident deaths occurring in a licensed facility that are required to be reported to the department.
This bill would requirebegin delete a licensed facility to submitend deletebegin insert that a telephonic report be submittedend insert to the departmentbegin delete a telephonic report within 24 hoursend deletebegin insert within one working dayend insert, and a written report within 7 calendar 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 wouldbegin delete authorizeend deletebegin insert prohibitend insert the departmentbegin delete to revoke approval ofend deletebegin insert from approvingend insert a certifying organization for those purposesbegin delete thatend deletebegin insert if the organizationend insert
does not, prior to registering or certifying an individual, contact other department-approved certifying organizations to determine whether the individual has ever had his or her registration or certification revoked.begin delete The bill would require that an organization, to be eligible to be approved by the department for those purposes, deny a request for registration or certification of an applicant whose registration or certification as a counselor has been previously revoked, and to send an applicant a written notice of denial, including a statement that the applicant has the right to appeal that
denial in accordance with applicable laws and regulations.end deletebegin insert The bill would require a certifying organization 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.end insert
This bill wouldbegin delete, notwithstanding certain rulemaking provisions of the Administrative Procedure Act,end delete authorize the department to implement, interpret, or make specific the provisions described above by all-county letters, plan letters, plan or provider bulletins, or similar instructions, until the time the department adopts regulations. The bill would require the department to adopt those regulations by December 31, 2017.
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 department’s death investigation policy
4shall be designed to ensure that a resident’s death is addressed and
5investigated by the department in a timely manner.
6(b) The telephonic and written reports of resident deaths
7occurring in a licensed facility that are required to be reported to
8the department shall include, but not be limited to, a description
9of the event or incident, including the time, location, and nature
10of the event or incident, a list of immediate actions that were taken,
11including persons contacted, and a description of the followup
12action that is planned, including, but not limited to, steps taken to
13prevent a future death.
14(c) A licensed facility shall submit a
end delete
15begin insert(c)end insertbegin insert end insertbegin insertA end inserttelephonic reportbegin delete described inend deletebegin insert required underend insert subdivision
16(b),begin delete thatend deletebegin insert whichend insert includes the event or incident and all information
17requiredbegin delete pursuant toend deletebegin insert
underend insert
subdivision (b) that is known at the
18time of the report,begin insert shall be submittedend insert to the department withinbegin delete 24 begin insert one working dayend insert of the event or incident.
19hoursend delete
20(d) A licensed facility shall submit a
end delete
21begin insert(d)end insertbegin insert end insertbegin insertA end insertwritten reportbegin delete described inend deletebegin insert required underend insert subdivision
22(b),begin delete thatend deletebegin insert whichend insert includes all information requiredbegin delete pursuant toend deletebegin insert underend insert
23 subdivision (b),begin insert shall be submittedend insert
to the department within seven
24calendar days of the event or incident.
Section 11833 of the Health and Safety Code is
26amended to read:
(a) The department shall have the sole authority in
28state government to determine the qualifications, including the
29appropriate skills, education, training, and experience of personnel
30working within alcoholism or drug abuse recovery and treatment
31programs licensed, certified, or funded under this part.
32(b) (1) Except for licensed professionals, as defined by the
33department, the department shall require that an individual
34providing counseling services working within a program described
35in subdivision (a) be registered with or certified by a certifying
36organization approved by the department to register and certify
37counselors.
P4 1(2) The departmentbegin delete may revoke approval ofend deletebegin insert shall not approve end insert
2 a certifying organization that does not, prior to registering or
3certifying an individual, contact other department-approved
4certifying organizations to determine whether the individual has
5ever had his or her registration or certification revoked.
6(3) To be eligible to be approved by the department as a
7certifying organization, an organization is required to do both of
8the following:
9(A) Deny a request for registration or certification of an
10applicant whose registration or certification as a counselor has
11been previously revoked.
12(B) Send an applicant a written notice of denial that includes a
13statement that the applicant has the right to appeal that denial in
14accordance with applicable laws and regulations.
15(c) If a counselor’s registration or certification has been
16previously revoked, the certifying organization shall deny the
17request for registration and shall send the counselor a written
18notice of denial. The notice shall specify the counselor’s right to
19appeal the denial in accordance with applicable statutes and
20regulations.
21(c)
end delete
22begin insert(d)end insert The departmentbegin delete mayend deletebegin insert shall have the authority toend insert conduct
23
periodic reviews ofbegin delete aend delete
certifyingbegin delete organizationend deletebegin insert organizationsend insert to
24determine compliance withbegin insert all applicable laws and regulations,
25includingend insert subdivisionbegin delete (b)end deletebegin insert (c), and to take actions for
26noncompliance, including revocation of the department’s approvalend insert.
27(d)
end delete
28begin insert(e)end insert (1) Notwithstanding Chapter 3.5 (commencing with Section
2911340) of Part 1 of Division 3 of Title 2 of the Government Code,
30the departmentbegin insert, without taking any further regulatory action,end insert shall
31implement, interpret, or make specific this section by means of
32all-county letters, plan letters, plan or provider bulletins, or similar
33instructions until the timebegin delete the department adoptsend deletebegin insert thatend insert regulations
34begin delete pursuant to paragraph (2)end deletebegin insert are adoptedend insert.
35(2) The departmentbegin delete shall,end deletebegin insert
shall adopt regulationsend insert by December
3631, 2017,begin delete adopt regulations to implement, interpret, or make in accordance with the requirements of
37specific this section,end delete
P5 1Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
23 of Title 2 of the Government Code.
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