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

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Date Published: 04/16/2018 12:41 PM
SB1268:v98#DOCUMENT

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 add Sections 11833.1 and 11833.2 to the Health and Safety Code, relating to public health.


LEGISLATIVE COUNSEL'S DIGEST


SB 1268, as amended, Bradford. Addiction treatment referrals: payment.
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. The department also requires that an individual providing counseling services working within an alcohol and drug abuse recovery and treatment program be registered with or certified by a certifying organization approved by the department to register and certify counselors.
This bill would prohibit certain persons, programs, or entities, including an alcoholism or drug abuse recovery and treatment program and persons employed by, or working for, that program, 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.
 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) An alcoholism or drug abuse recovery and treatment program licensed or certified under this part.
(b) 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 licensed or certified under this part.
(c) A person employed by, or working for, an alcoholism or drug abuse recovery and treatment program licensed or certified under this part, including registered and certified counselors and licensed professionals providing counseling services.

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.
(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.

SEC. 3.

 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.