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AB-1222 Alcohol and drug abuse treatment services.(2019-2020)

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Date Published: 04/25/2019 09:00 PM
AB1222:v97#DOCUMENT

Amended  IN  Assembly  April 25, 2019
Amended  IN  Assembly  April 08, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1222


Introduced by Assembly Member Flora

February 21, 2019


An act to amend Section 11834.10 of the Health and Safety Code, relating to public health.


LEGISLATIVE COUNSEL'S DIGEST


AB 1222, as amended, Flora. Alcohol and drug abuse treatment services.
Existing law requires the State Department of Health Care Services to license and regulate alcoholism or drug abuse recovery or treatment facilities serving adults. Existing law restricts a licensee from operating an alcoholism or drug abuse recovery or treatment facility beyond the conditions and limitations specified on the license and requires all services offered or provided by the licensee to be provided exclusively within either the licensed facility or any facility identified on a single license by street address. Existing law makes a violation of these provisions punishable by a civil penalty of not less than $250 or more than $500 per day for each violation, with additional penalties for repeat violations, as specified.
Under existing law, the department is required to implement a program certification procedure for alcohol and other drug treatment recovery services, which includes standards and regulations for the alcohol and other drug treatment recovery services describing the minimal level of service quality required of the service providers to qualify for and obtain state certification.
This bill would further authorize a licensee to offer or provide its services in an outpatient facility operated by the licensee as part of a program certified by the department, as specified. licensed services to be provided, upon approval by the department, in an outpatient facility owned and operated by the licensee as a part of an outpatient program certified by the department, if specified conditions are met.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 11834.10 of the Health and Safety Code is amended to read:

11834.10.
 (a) A licensee shall not operate an alcoholism or drug abuse recovery or treatment facility beyond the conditions and limitations specified on the license.
(b) Licensed services offered or provided by a licensed alcoholism or drug abuse recovery or treatment facility, including, but not limited to, incidental medical services as defined in Section 11834.026, shall be specified on the license and provided exclusively within any either of the following:
(1) The licensed facility.
(2) Any facility identified on a single license by street address.

(3)An outpatient facility operated by the licensee of the licensed facility that provides alcohol and other drug treatment recovery services as part of a program certified by the department under Section 11830.1.

(c) Licensed services may also be provided, upon approval by the department, in an outpatient facility owned and operated by the licensee of an alcoholism or drug abuse treatment or recovery facility, as a part of an outpatient program certified by the department under Section 11830.1, if both of the following condition are met:
(1) The name and address of the outpatient facility and the services to be provided at the outpatient facility are listed on the application for licensure or on a request for renewal, extension, or modification of an existing license of the alcoholism or drug abuse recovery or treatment facility.
(2) The licensee demonstrates to the department that the protections required under applicable federal and state privacy and patient confidentiality laws are ensured.

(c)

(d) Only residents of the licensed alcoholism or drug abuse recovery or treatment facility shall receive licensed services.

(d)

(e) The department may adopt regulations to implement this section in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

(e)

(f) Notwithstanding the rulemaking provisions of the Administrative Procedure Act, the department may implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions.