BILL ANALYSIS �
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THIRD READING
Bill No: AB 2374
Author: Mansoor (R)
Amended: 8/19/14 in Senate
Vote: 21
SENATE HEALTH COMMITTEE : 8-0, 6/25/14
AYES: Hernandez, Morrell, Beall, De Le�n, DeSaulnier, Evans,
Monning, Nielsen
NO VOTE RECORDED: Wolk
SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/14/14
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NO VOTE RECORDED: Walters, Gaines
ASSEMBLY FLOOR : 73-0, 5/23/14 (Consent) - See last page for
vote
SUBJECT : Substance abuse: recovery and treatment services
SOURCE : Author
DIGEST : This bill requires deaths at licensed adult
residential treatment facilities (RTFs) to be reported to the
Department of Health Care Services (DHCS) in a timely manner.
This bill requires, except for licensed professionals, DHCS to
require that an individual providing counseling services working
within a specified program be registered with or certified by a
certifying organization (CO) approved by DHCS to register and
certify counselors. This bill requires that DHCS to, by
December 31, 2017, adopt regulations to implement, interpret, or
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make specific a process for denial of a request for registration
or certification.
ANALYSIS :
Existing law:
1.Gives DHCS sole authority in state government to license RTFs
and determine the qualifications of personnel working within
RTFs or any facility licensed or certified by DHCS. Defines
an RTF as any premises, place, or building that provides
24-hour residential non-medical services to adults who are
recovering from problems related to alcohol, drug, or alcohol
and drug misuse or abuse, as specified.
2.Requires, through regulation, RTFs to report to DHCS by
telephone within one working day and in a written report
within seven working days: deaths of residents from any
cause.
3.Requires, through regulation, a DHCS-approved CO, prior to
certifying any registrant, to contact all other DHCS-approved
COs to determine if a registrant's certification was ever
revoked.
4.Prohibits, through regulation, licensed professionals in good
standing with their licensing agency from being required to
become certified by a CO in order to work at a facility
licensed or certified by DHCS. Defines "licensed
professional" as a physician licensed by the Medical Board of
California; a psychologist licensed by the Board of Psychology
(CBP); a clinical social worker or marriage and family
therapist licensed by the Board of Behavioral Sciences (CBBS);
or an intern registered with the CBP or the CBBS. Defines "in
good standing" as the professional's license being valid and
not revoked, suspended, or otherwise terminated.
This bill:
1.Requires DHCS's death investigation policy to be designed to
ensure that a resident's death is addressed and investigated
in a timely manner.
2.Requires the telephonic and written reports of resident deaths
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occurring in an RTF that are required to be reported to DHCS
to 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
follow-up action that is planned, including, but not limited
to, steps taken to prevent a future death.
3.Requires a licensed facility to submit to DHCS a telephonic
report within 24 hours, and a written report within seven
calendar days, of the event or incident.
4.Requires, except for licensed professionals, a counselor
working within a program be registered with or certified by a
CO approved by DHCS to register and certify counselors.
5.Prohibits DHCS from approving a CO that does not, prior to
registering or certifying an individual, contact other
DHCS-approved COs to determine whether the individual has ever
had his/her registration or certification revoked.
6.Requires that an organization 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.
7.Authorizes, notwithstanding certain rulemaking provisions of
the Administrative Procedure Act, DHCS to implement,
interpret, or make specific the provisions relating to the
approval of a CO by all-county letters, plan letters, plan or
provider bulletins, or similar instructions, until the time
DHCS adopts regulations.
8.Requires DHCS to adopt those regulations by December 31, 2017.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
One-time costs up to $250,000 to revise regulations and verify
that COs comply with the requirements of this bill (General
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Fund and federal funds).
Minor ongoing costs to periodically review policies and
performance of COs (General Fund and federal funds).
SUPPORT : (Verified 8/19/14)
California Association of Addiction Recovery Resources
California Narcotic Officers' Association
League of California Cities
Los Angeles County Board of Supervisors
ARGUMENTS IN SUPPORT : According to the author's office, DHCS
recently took over the responsibilities formerly held by the
Department of Alcohol and Drug Programs to license and enforce
regulations related to alcohol and drug substance abuse
rehabilitation in residential facilities. However, there have
been rising concerns that current regulations and enforcement
are inadequate. These have been brought to light by both a
recent State Senate report and various media coverage of
unfortunate deaths and accidents within these facilities.
ASSEMBLY FLOOR : 73-0, 5/23/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonta, Bradford, Brown, Buchanan, Ian Calderon,
Campos, Chau, Ch�vez, Chesbro, Conway, Cooley, Dababneh,
Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Holden, Jones, Jones-Sawyer,
Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor,
Medina, Mullin, Muratsuchi, Nazarian, Olsen, Pan, Patterson,
Perea, John A. P�rez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Bonilla, Harkey, Roger Hern�ndez, Melendez,
Nestande, V. Manuel P�rez, Vacancy
JL:ek 8/19/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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