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SB-445 Alcohol and drug treatment: youth.(2019-2020)

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Date Published: 09/14/2019 04:00 AM
SB445:v95#DOCUMENT

Enrolled  September 13, 2019
Passed  IN  Senate  September 11, 2019
Passed  IN  Assembly  September 10, 2019
Amended  IN  Assembly  September 05, 2019
Amended  IN  Assembly  June 11, 2019
Amended  IN  Senate  April 11, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 445


Introduced by Senator Portantino

February 21, 2019


An act to repeal and add Chapter 4 (commencing with Section 11759) of Part 1 of Division 10.5 of the Health and Safety Code, relating to health care.


LEGISLATIVE COUNSEL'S DIGEST


SB 445, Portantino. Alcohol and drug treatment: youth.
Existing law consolidated within the State Department of Health Care Services all substance use disorder functions and programs from the former State Department of Alcohol and Drug Programs.
The existing Adolescent Alcohol and Drug Treatment and Recovery Program Act of 1998, which authorized the State Department of Alcohol and Drug Programs to establish community-based nonresidential and residential recovery programs to intervene and treat the problems of alcohol and other drug use among youth, became inoperative on July 1, 2013.
This bill would repeal those inoperative provisions and would enact the Children, Adolescents, and Young Adults Substance Use Disorder Treatment Act. The bill would require the department to convene an expert panel as part of an existing advisory body or workgroup, on or before January 1, 2021, to advise the department solely on the development of youth substance use disorder (SUD) treatment quality standards, as specified. The bill would authorize the department, on or before July 1, 2022, to adopt emergency regulations to establish youth SUD treatment quality standards, as specified. The bill would require each county to designate a single public agency that is responsible for administering the provision of youth SUD treatment services within that county. The bill would require the county agency to, among other things, ensure, in conjunction with the county office of education and other local education agencies, that all programs in the county providing youth SUD treatment services or services for the prevention of youth substance use disorder are providing coordinated services. By requiring additional duties of local governments, this bill would create a state-mandated local program.
The bill would additionally define youth SUD treatment services as including any publicly funded direct services intended to treat substance use disorders for individuals from birth to 26 years of age, inclusive. The bill would require a public agency or private entity that provides youth SUD treatment services after January 1, 2023, to comply with the standards adopted by the department. The bill would, after July 1, 2023, require youth SUD programs, as defined, to be certified in accordance with the regulations adopted by the department. The bill would prohibit a county from contracting to provide youth SUD treatment services with an entity that does not comply with these provisions. The bill would require the department to report to the Legislature regarding the standards on or before January 1, 2024, and annually thereafter.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Chapter 4 (commencing with Section 11759) of Part 1 of Division 10.5 of the Health and Safety Code is repealed.

SEC. 2.

 Chapter 4 (commencing with Section 11759) is added to Part 1 of Division 10.5 of the Health and Safety Code, to read:
CHAPTER  4. Alcohol and Drug Treatment for Children, Adolescents, and Young Adults

11759.
 This chapter shall be known, and may be cited, as the Children, Adolescents, and Young Adults Substance Use Disorder Treatment Act.

11759.10.
 (a) On or before January 1, 2021, the department shall convene an expert panel as part of an existing advisory body or workgroup to meet at least quarterly and advise the department solely on the development of youth substance use disorder (SUD) treatment quality standards for children, adolescents, young adults, and their families.
(b) The expert panel should include:
(1) A representative of county behavioral health directors.
(2) A representative of county social services agencies.
(3) A representative of county probation agencies.
(4) A representative of Medi-Cal managed care plans.
(5) A representative from school-based programs, either a school nurse or a school psychologist.
(6) A representative of the State Department of Education with knowledge and expertise in student assistance programs.
(7) A representative of community health centers specializing in either school-based health programs or mental health services.
(8) A representative of pediatricians specializing in providing services to homeless and at-risk youth.
(9) A representative of an organization representing substance use disorder treatment providers specializing in youth treatment.
(10) A representative of an organization that represents behavioral health and social services workers.
(11) A representative of an organization that represents community treatment groups that provide innovative programs in communities highly impacted by the war on drugs.
(12) A representative of foster youth and homeless youth.
(13) A parent, family member, or family advocate.
(14) A representative of physicians specializing in substance use disorder treatment of children and adolescents.
(c) Members of the expert panel shall serve without compensation.
(d) The expert panel, when making recommendations, shall review and consider a wide variety of relevant research, surveys, policies, and evidence-based practices.
(e) In order to allow for innovation, the expert panel may also consider programs based on “evidence-informed” standards, which are likely to demonstrate positive effects for the intended outcomes, based on evidence and pursuant to a plausible theory of action, and for which peer reviewed evidence is currently lacking.
(f)  This section does not create new criteria for youth early intervention and prevention funds.

11759.20.
 (a) On or before July 1, 2022, the department may adopt emergency regulations, in accordance with Section 11759.50, to establish quality standards for youth SUD treatment services. The department may amend the regulations based on recommendations from the expert panel. The regulations shall support the development of a statewide system of youth SUD treatment programs and include the following:
(1) Minimum quality standards to ensure services provided meet all of the following criteria:
(A) Appropriate to the age and developmental needs of the individual.
(B) Trauma informed and evidence based.
(C) Offering a continuum of care that includes screening and assessment for substance use disorder and mental health, early intervention, active treatment, family involvement, case management, overdose prevention, prevention of communicable diseases related to substance use, relapse management for substance use and other cooccurring behavioral health disorders, medication-assisted treatments, family therapy and counseling services, psychiatric medication, and psychotherapy.
(2) Standards for connecting children, adolescents, young adults, and their families to relevant community and social services to support the individual’s plan for the prevention, early intervention, and treatment of substance use disorders, including, but not limited to, housing, health care coverage, county social services, vocational services, literacy services, parenting classes, and other supports, as needed.
(3) A plan for developing and retaining a culturally and linguistically appropriate workforce to deliver services.
(4) Criteria to ensure public and private contracted providers delivering services to youth and families maintain a minimum level of quality services, including staffing levels, qualifications, retention, and training.
(5) Contractors shall pay competitive wages and benefits consistent with industry levels that do not significantly undercut public employee pay rates.
(6) Certification requirements for programs and professionals delivering youth SUD treatment services.
(7) Minimum standards for training and professional development for employees delivering youth SUD services.
(b) For the purposes of this chapter:
(1) “Youth SUD treatment services” includes any direct services intended to treat substance use disorders for individuals from birth to 26 years of age, inclusive.
(2) “Youth SUD programs” includes any provider of youth SUD treatment services.

11759.30.
 Each county shall designate a single public agency that is responsible for administering the provision of youth SUD treatment services within the county. The agency shall maintain, in a central location, a copy of all contracts to provide youth SUD treatment services within the county. The agency shall, in conjunction with the county office of education and other local education agencies, ensure that all programs in the county providing youth SUD treatment services or services for the prevention of youth substance use disorders are providing coordinated services. The agency may adopt standards for providing services, or for awarding contracts to provide services, that go beyond the requirements of this chapter.

11759.40.
 (a) (1) A public agency or private entity that provides youth SUD treatment services after January 1, 2023, shall comply with the standards adopted by the department.
(2) A county shall not contract to provide youth SUD treatment services with an entity that fails to comply with the requirements of this section.
(b) After July 1, 2023, youth SUD programs shall be certified in accordance with the regulations adopted by the department.

11759.50.
 Until January 1, 2024, the department may adopt regulations to implement this chapter as emergency regulations in accordance with the Administrative Procedure Act. The initial adoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. The initial emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State, and shall remain in effect for no more than one year.

11759.60.
 (a) The department shall report to the Legislature regarding youth SUD treatment quality standards, program participation, and participant outcomes by January 1, 2024, and annually thereafter.
(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

11759.65.
 Findings or recommendations of the expert panel pursuant to this chapter that may not be implemented without a subsequent appropriation by the Legislature, as determined by the department, shall not be implemented until an appropriation is made for those purposes.

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.