Amended  IN  Assembly  March 23, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2200

Introduced by Assembly Member Patterson

February 12, 2018

An act to amend add Section 11834.01 of 11834.28 to the Health and Safety Code, relating to substance abuse.


LEGISLATIVE COUNSEL'S DIGEST


AB 2200, as amended, Patterson. Alcoholism or drug abuse recovery or treatment facilities.
Existing law provides for the licensing and regulation of alcoholism or drug abuse recovery or treatment facilities, as defined, by the State Department of Health Care Services. Existing law authorizes those facilities to provide incidental medical services to a resident of the facility if those medical services are provided by, or under supervision of, a licensed physician and surgeon who is knowledgeable about addiction medicine.

This bill would make a technical, nonsubstantive change to a related provision.

This bill would require a person who has responsibility for residents or frequent or routine contact with residents of an alcoholism or drug abuse recovery or treatment facility to be subject to a criminal record review prior to that person’s involvement in the provision of services, except this requirement would not apply to residents. The bill would require the department to conduct this review, and allow it to approve or deny a person’s involvement in the provision of services based on the results of that review. The bill would prohibit the department from denying that involvement due to a drug-related conviction.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 11834.28 is added to the Health and Safety Code, to read:

11834.28.
 (a) A person who has responsibility for residents or frequent or routine contact with residents of an alcoholism or drug abuse recovery or treatment facility shall be subject to a criminal record review prior to that person’s involvement in the provision of services. Residents shall not be required to meet the requirements of this section.
(b) The department shall conduct the criminal record review of a person described in subdivision (a), and shall have the authority to approve or deny that person’s involvement in the provision of services based on the results of that review. A drug-related conviction shall not be cause for the department to deny involvement in the provision of services.

SECTION 1.Section 11834.01 of the Health and Safety Code is amended to read:
11834.01.

The department has the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities.

(a) In administering this chapter, the department shall issue new licenses for a period of two years to those programs that meet the criteria for licensure in Section 11834.03.

(b) Onsite program visits for compliance shall be conducted at least once during the license period.

(c) The department may conduct announced or unannounced site visits to facilities licensed pursuant to this chapter for the purpose of reviewing for compliance with all applicable statutes and regulations.