Today's Law As Amended

PDF |Add To My Favorites |Track Bill | print page

AB-704 Alcoholism or drug abuse recovery or treatment facilities.(2019-2020)



SECTION 1.

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

11834.28.
 (a) (1)  A person, hired by an alcoholism or drug abuse recovery or treatment facility on or after January 1, 2020, who has frequent contact with clients of that 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.
(2) A person hired by an alcoholism or drug abuse recovery or treatment facility before January 1, 2020, who has frequent contact with clients of that alcoholism or drug abuse recovery or treatment facility shall complete a criminal record review on or before December 31, 2021.
(3) Clients of the alcoholism or drug abuse recovery or treatment facility 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 automatically be cause for the department to deny involvement in the provision of services, except in extraordinary circumstances.
(c) (1) A criminal record review required pursuant to subdivision (a) shall include the completion, and delivery to the department, of a LiveScan criminal background check, at the expense of the individual.
(2) This section does not require the completion of a new criminal record review if an applicant applies to an additional treatment facility and already has an active and current criminal record review on file with the department.
(3) An applicant for employment who was previously employed at a facility shall complete a new criminal record review in accordance with this section after any lapse in employment at a facility of 90 days or more.
(d) This section does not authorize any employment practices prohibited by Section 12952 of the Government Code.