BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2374
                                                                  Page  1

          Date of Hearing:   May 14, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                    AB 2374 (Mansoor) - As Amended:  May 6, 2014 

          Policy Committee:                              HealthVote:19-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill provides greater specificity to the process by which  
          death reports must be made to the Department of Health Care  
          Services (DHCS) by alcoholism and drug abuse recovery or  
          treatment (ADART) program licensees. The bill institutes a new  
          requirement that DHCS verify that organizations that register  
          and certify drug and alcohol abuse counselors, as a condition of  
          DHCS approval to continue such registration and certification  
          activities on behalf of the state, check whether the counselor  
          has ever had his or her registration or certification revoked.

           FISCAL EFFECT  

          Minor and absorbable costs to DHCS to adjust existing processes  
          to comply with this bill. 

           COMMENTS  

           1)Purpose  . According to the author, this bill is intended to  
            ensure that a resident's death is promptly reported by a  
            substance abuse facility and addressed by DHCS in a timely  
            manner.  The author acknowledges that DHCS recently took over  
            the responsibilities previously held by the Department of  
            Alcohol and Drug Programs, but asserts regulations and  
            enforcement remain inadequate.  The author states this bill  
            will implement reforms recommended in reports by the  
            California Senate Office of Oversight and Outcomes.  

           2)Background.   DHCS licenses and oversees substance abuse  
            programs centrally.  In contrast, the department approves  
            several different certifying agencies that then register and  
            certify drug and alcohol abuse counselors.  Concerns have been  








                                                                  AB 2374
                                                                  Page  2

            raised that counselors who may have troubled pasts can game  
            the certification system, given limited coordination between  
            certifying agencies.   A 2013 Senate report concluded that  
            California's system of counselor oversight allows residents to  
            be treated by registered sex offenders and other serious  
            felons, counselors facing current drug and alcohol charges,  
            and those whose certification already was revoked for  
            misconduct.  In addition, a 2012 Senate report cited several  
            incidents where DADP's enforcement and investigation  
            activities following resident deaths at ADART facilities were  
            inconsistent.  
           
          Analysis Prepared by  :    Lisa Murawski / APPR. / (916) 319-2081