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SB-1268 Addiction treatment referrals: payment: penalties and enforcement.(2017-2018)

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Date Published: 08/06/2018 02:00 PM
SB1268:v97#DOCUMENT

Amended  IN  Assembly  August 06, 2018
Amended  IN  Senate  April 16, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill
No. 1268

Introduced by Senator Bradford

February 16, 2018

An act to amend Section 11834.36 of, and to add Sections 11833.1 and 11833.2 to to, the Health and Safety Code, relating to public health.


LEGISLATIVE COUNSEL'S DIGEST


SB 1268, as amended, Bradford. Addiction treatment referrals: payment. payment: penalties and enforcement.
Existing law provides for the licensure and regulation by the State Department of Health Care Services of adult alcoholism and drug abuse recovery and treatment facilities. facilities, and authorizes the department to enforce those provisions. The department also requires that an individual providing counseling services working within an alcohol and alcoholism or drug abuse recovery and treatment program be registered with or certified by a certifying organization approved by the department to register and certify counselors. Existing law also requires the department to develop standards and regulations for 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 prohibit certain persons, programs, or entities, including an alcoholism or drug abuse recovery and treatment program facility and persons employed by, or working for, that program, facility, from giving or receiving remuneration or anything of value for the referral of a person who is seeking alcoholism or drug abuse recovery and treatment services. A violation of these provisions would be a misdemeanor and would also be punishable by a fine not exceeding $2,500 per violation. The bill also would authorize the department to investigate and take specified disciplinary action against those persons or programs for violating those prohibitions. Because a violation of the above-described provisions would be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 11833.1 is added to the Health and Safety Code, to read:

11833.1.
 (a) The following persons, programs, or entities shall not give or receive remuneration or anything of value for the referral of a person who is seeking alcoholism or drug abuse recovery and treatment services:

(a)

(1) An alcoholism or drug abuse recovery and treatment program facility licensed or certified under this part.

(b)

(2) An owner, partner, officer, or director, or a shareholder who holds an interest of at least 10 percent in an alcoholism or drug abuse recovery and treatment program facility licensed or certified under this part.

(c)

(3) A person employed by, or working for, an alcoholism or drug abuse recovery and treatment program licensed or certified facility licensed under this part, including registered and certified counselors and licensed professionals providing counseling services.
(4) An alcohol or other drug program certified by the department in accordance with the alcohol and other drug certification standards established pursuant to Section 11830.1.
(5) An owner, partner, officer, or director, or a shareholder who holds an interest of at least 10 percent in an alcohol or other drug program certified by the department in accordance with the alcohol and other drug certification standards established pursuant to Section 11830.1.
(6) A person employed by, or working for, an alcohol or other drug program certified by the department in accordance with the alcohol and other drug certification standards established pursuant to Section 11830.1, including registered or certified counselors and licensed professionals providing counseling services.
(b) Notwithstanding the rulemaking provisions of the Administrative Procedure Act, the department may, if it deems appropriate, implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions from the department, until regulations are adopted.

SEC. 2.

 Section 11833.2 is added to the Health and Safety Code, to read:

11833.2.
 (a) The department may investigate allegations and assess a penalty upon an alcoholism or drug abuse recovery and treatment program licensed or certified under this part, suspend or revoke the license or certification of the program, and suspend or revoke the registration or certification of a counselor for, a violation of Section 11833.1. of violations of Section 11833.1, and do any of the following:
(1) Assess a penalty upon an alcoholism or drug abuse recovery and treatment facility licensed under this part.
(2) Suspend or revoke the license of an alcoholism or drug abuse recovery and treatment facility licensed under this part, in accordance with Section 11834.36.
(3) Assess a penalty upon an alcohol or other drug program certified by the department in accordance with the alcohol and other drug certification standards established pursuant to Section 11830.1.
(4) Suspend or revoke the certification of an alcohol or other drug program certified by the department in accordance with the alcohol and other drug certification standards established pursuant to Section 11830.1.
(5) Suspend or revoke the registration or certification of a counselor for a violation of Section 11833.1.
(b) The department may investigate allegations against a licensed professional providing counseling services at an alcoholism or drug abuse recovery and treatment program licensed, certified, or funded under this part, and recommend disciplinary actions, including, but not limited to, termination of employment at a program and suspension and revocation of licensure by the respective licensing board.
(c) A violation of Section 11833.1 constitutes a misdemeanor and is also punishable by a fine not exceeding two thousand five hundred dollars ($2,500) per violation.
(d) Notwithstanding the rulemaking provisions of the Administrative Procedure Act, the department may, if it deems appropriate, implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions from the department, until regulations are adopted.

SEC. 3.

 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, extension of the licensing period, or modification to 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.
(5) Misrepresentation of any material fact in obtaining the alcoholism or drug abuse recovery or treatment facility license, including, but not limited to, providing false information or documentation to the department.
(6) The licensee’s refusal to allow the department entry into the facility to determine compliance with the requirements of this chapter or regulations adopted pursuant to this chapter.
(7) Violation by the licensee of Section 11834.026 or the regulations adopted pursuant to that section.
(8) Violation by the licensee of Section 11833.1 or the regulations adopted pursuant to that section.

(8)

(9) 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.

SEC. 3.SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.