BILL NUMBER: AB 395 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 24, 2013
AMENDED IN ASSEMBLY APRIL 18, 2013
INTRODUCED BY Assembly Member Fox
(Coauthor: Assembly Member Chesbro)
FEBRUARY 15, 2013
An act to amend Section Sections
11834.02 and 11834.36 of the Health and Safety Code,
relating to alcohol and drug programs.
LEGISLATIVE COUNSEL'S DIGEST
AB 395, as amended, Fox. Alcoholism and drug abuse treatment
facilities.
Existing law requires the State Department of Alcohol and Drug
Programs to license adult alcoholism and drug abuse recovery or
treatment facilities, as defined.
This bill would include in the definition of alcoholism and drug
abuse recovery and treatment facilities a premises, place, or
building that does not require a health facility license and
that provides a program, accredited by a nationally recognized
accrediting organization, that uses a multidisciplinary team, as
specified, to provide provides 24-hour
residential medical services to adults who are recovering from
problems related to alcohol, drug, or alcohol and drug misuse or
abuse and who need alcohol, drug, or alcohol and drug recovery
treatment or detoxification services and medical care under
specified circumstances .
Existing law provides that the State Department of Alcohol and
Drug Programs has the sole authority in state government to license
adult alcoholism or drug abuse recovery or treatment facilities.
Existing law authorizes the director of the department to suspend or
revoke any license issued, or deny an application for licensure, for
extension of the licensing period, or to modify the terms and
conditions of a license under specified circumstances, including
conduct in the operation of an alcoholism or drug abuse recovery or
treatment facility that is inimical to the health, morals, welfare,
or safety of either an individual in, or receiving services from, the
facility or to the people of the State of California.
This bill would revise that circumstance to instead apply to
conduct in the operation of an alcoholism or drug abuse recovery or
treatment facility that endangers the health or safety of an
individual receiving services. The bill would also revise the list of
circumstances described above to include the failure to report to
the department, within 24 hours, the death of any resident for any
cause, even if the death did not occur at the facility.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11834.02 of the Health and Safety Code is
amended to read:
11834.02. (a) As used in this chapter, "alcoholism or drug abuse
recovery or treatment facility" or "facility" means either of the
following:
(1) A premises, place, or building that provides 24-hour
residential nonmedical services to adults who are recovering from
problems related to alcohol, drug, or alcohol and drug misuse or
abuse, and who need alcohol, drug, or alcohol and drug recovery
treatment or detoxification services.
(2) A premises, place, or building that does not require
a health facility license and that provides a program, accredited by
a nationally recognized accrediting organization, that uses a
multidisciplinary team, which includes a physician knowledgeable
about addiction medicine, to provide provides
24-hour residential medical services to adults who are recovering
from problems related to alcohol, drug, or alcohol and drug misuse or
abuse and who need alcohol, drug, or alcohol and drug recovery
treatment or detoxification services and medical care if the
premises, place, or building is not a chemical recovery dependency
hospital pursuant to Section 1250.3, is accredited by a nationally
recognized accrediting organization, and uses a multidisciplinary
team that includes at least one physician and surgeon, licensed by
the Medical Board of California or the Osteopathic Medical Board, who
is knowledgeable about addiction medicine .
(b) As used in this chapter, "adults" includes, but is not limited
to, all of the following:
(1) Mothers over 18 years of age and their children.
(2) Emancipated minors, which may include, but is not limited to,
mothers under 18 years of age and their children.
(c) As used in this chapter, "emancipated minors" means persons
under 18 years of age who have acquired emancipation status pursuant
to Section 7002 of the Family Code.
(d) Notwithstanding subdivision (a), an alcoholism or drug abuse
recovery or treatment facility may serve adolescents upon the
issuance of a waiver granted by the department pursuant to
regulations adopted under subdivision (c) of Section 11834.50.
SEC. 2. Section 11834.36 of
the Health and Safety Code is amended to read:
11834.36. (a) The director may suspend or revoke any license
issued under this chapter, or deny an application for licensure, for
extension of the licensing period, or to modify the terms and
conditions of a license, upon any of the following grounds and in the
manner provided in this chapter:
(1) Violation by the licensee of any provision of this chapter or
regulations adopted pursuant to this chapter.
(2) Repeated violation by the licensee of any of the provisions of
this chapter or regulations adopted pursuant to this chapter.
(3) Aiding, abetting, or permitting the violation of, or any
repeated violation of, any of the provisions described in paragraph
(1) or (2).
(4) Conduct in the operation of an alcoholism or drug abuse
recovery or treatment facility that is inimical to the
health, morals, welfare, or safety of either an individual in, or
receiving services from, the facility or to the people of the State
of California endangers the health or safety of an
individual receiving services .
(5) Failure to report to the department, within 24 hours, the
death of any resident for any cause, even if the death did not occur
at the facility.
(5)
( 6) Misrepresentation of any material fact
in obtaining the alcoholism or drug abuse recovery or treatment
facility license.
(6)
( 7) Failure to pay any civil penalties
assessed by the department.
(b) The director may temporarily suspend any license prior to any
hearing when, in the opinion of the director, the action is necessary
to protect residents of the alcoholism or drug abuse recovery or
treatment facility from physical or mental abuse, abandonment, or any
other substantial threat to health or safety. The director shall
notify the licensee of the temporary suspension and the effective
date of the temporary suspension and at the same time shall serve the
provider with an accusation. Upon receipt of a notice of defense to
the accusation by the licensee, the director shall, within 15 days,
set the matter for hearing, and the hearing shall be held as soon as
possible. The temporary suspension shall remain in effect until the
time the hearing is completed and the director has made a final
determination on the merits. However, the temporary suspension shall
be deemed vacated if the director fails to make a final determination
on the merits within 30 days after the department receives the
proposed decision from the Office of Administrative Hearings.