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SB-786 Alcoholism or drug abuse recovery or treatment facilities: overconcentration.(2017-2018)

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Date Published: 01/03/2018 02:42 PM
SB786:v98#DOCUMENT

Amended  IN  Senate  January 03, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 786


Introduced by Senator Mendoza
(Coauthor: Senator Allen)

February 17, 2017


An act to amend Sections 11834.09, 11834.10, 11834.31, and 11834.34 of, and to add Section 11834.11 to to, the Health and Safety Code, relating to alcoholism or drug abuse.


LEGISLATIVE COUNSEL'S DIGEST


SB 786, as amended, Mendoza. Alcoholism or drug abuse recovery or treatment facilities: overconcentration.
(1) Existing law provides for the licensure and regulation of alcoholism or drug abuse recovery or treatment facilities serving adults by the State Department of Health Care Services, as prescribed. Existing law makes a violation of these provisions punishable by a civil penalty of not less than $25 or more than $50 per day for each violation, with additional penalties for repeat violations, as specified.
This bill would require, for any licensing application submitted on or after January 1, 2018, 2019, the department to deny an application for a new facility license, if the proposed location is in proximity to an existing facility in an area zoned residential that would result in overconcentration, as defined. The bill would prohibit the expansion or intensification of legal nonconforming facilities, as defined. The bill would require the department or a county licensing agency, at least 45 days prior to approving any application for any new facility, to notify in writing the planning agency of the city, if the facility is to be located in the city, or the planning agency of the county, if the facility is to be located in an unincorporated area, of the proposed location of the facility. post on its Internet Web site the address of the proposed new facility, as specified, and would require the license applicant to notify in writing the city or unincorporated area’s planning department in the jurisdiction where the proposed facility would be located of the license application and provide the applicable planning department a copy of the license application. By requiring a county licencing agency to notify post in this manner, this bill would impose a state-mandated local program. The bill would authorize a city or county to request denial of the license applied for on the basis of an overconcentration of facilities.
This bill would additionally make initial licenses to providers provisional, and revokable for good cause, as defined. The bill would require all programs and medical services offered or provided by a licensed alcoholism or drug abuse recovery or treatment facility to be specified in the license application and provided exclusively within the licensed facility on the licensed property and for the benefit of the residential patients or program participants. The bill would increase the penalties for a violation of the licensing and regulatory provisions to not less than $1,000 or more than $15,000 per day for each violation, and increase the additional penalties for repeat violations, as specified.
(2) 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.

 Section 11834.09 of the Health and Safety Code is amended to read:

11834.09.
 (a)  Upon receipt of a completed written application, fire clearance, and licensing fee from the prospective licensee, and subject to the department’s review and determination that the prospective licensee can comply with this chapter and regulations adopted pursuant to this chapter, the department may issue a single license to the following types of alcoholism or drug abuse recovery or treatment facilities:
(1)  A residential facility.
(2)  A facility wherein separate buildings or portions of a residential facility are integral components of a single alcoholism or drug abuse recovery or treatment facility and all of the components of the facility are managed by the same licensee.
(b)  Failure to submit a completed written application, fire clearance, and payment of the required licensing fee in a timely manner shall result in termination of the department’s licensure review and shall require submission of a new application by the prospective licensee.
(c)  Failure of the prospective licensee to demonstrate the ability to comply with this chapter or the regulations adopted pursuant to this chapter shall result in departmental denial of the prospective licensee’s application for licensure.
(d) Initial licenses to providers at new facilities or new providers at existing facilities shall be provisional for one year. During the term of a provisional license, the department may revoke the license for good cause. For the purposes of this section, “good cause” includes failure to operate in compliance with this chapter or the regulations adopted pursuant to this chapter or comply with the conditions of a license or otherwise fail to provide an acceptable standard of care to residential patients or program participants. Licensees whose provisional licenses are revoked may not reapply for a new provisional license for six months following revocation.

SEC. 2.

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

11834.10.
 A licensee shall not operate an alcoholism or drug abuse recovery or treatment facility beyond the conditions and limitations specified on the license. All programs and services offered or provided by a licensed alcoholism or drug abuse recovery or treatment facility, including, but not limited to, incidental medical services pursuant to Section 11834.025, must be specified in the license application and provided exclusively within the licensed facility on the licensed property and for the benefit of the residential patients or program participants.

SECTION 1.SEC. 3.

 Section 11834.11 is added to the Health and Safety Code, to read:

11834.11.
 (a) For any licensing application submitted on or after January 1, 2018, 2019, the department shall deny an application for a new facility license, if the proposed location is in proximity to an existing facility that would result in overconcentration in an area zoned for residential that would result in overconcentration. use.
(b) As used in this section, “overconcentration” means that if a new license is issued, two or more alcoholism or drug abuse recovery or treatment facilities will be separated by a distance of 300 feet or less, as measured from the nearest property line on which an existing facility is located to the nearest property line of the proposed facility in an area zoned residential.
(c) (1) Legal nonconforming facilities may continue to operate subject to the terms and conditions of their existing licenses. No expansion or intensification of legal nonconforming facilities shall be allowed unless the facility conforms with the requirements of this section.
(2) For the purposes of this section, a “legal nonconforming facility” is a licensed facility that is operating in compliance with all local, state, and federal laws on December 1, 2018, but that is located within 300 feet or less of another licensed facility operating in compliance with local, state, and federal laws on December 1, 2018, as measured from the nearest property lines on which the existing facilities are located, as long as they are in continuous operation.

(c)

(d) At least 45 days prior to approving any application for a new facility, the department or county licensing agency shall notify in writing the planning agency of the city, if the facility is to be located in the city, or the planning agency of the county, if the facility is to be located in an unincorporated area, of the proposed location of the facility. post on its Internet Web site the address of the proposed new facility in a list organized by city or unincorporated county area in which permit applications are made. Within five days of submitting its application, a license applicant shall notify in writing the city or unincorporated area’s planning department in the jurisdiction where the proposed facility would be located of the license application and provide the applicable planning department a copy of the license application.

(d)

(e) Any city or county may request denial of the license applied for on the basis of an overconcentration of facilities.

SEC. 4.

 Section 11834.31 of the Health and Safety Code is amended to read:

11834.31.
 If a facility is alleged to be in violation of Section 11834.30, the department shall conduct a site visit to investigate the allegation. If the department’s employee or agent finds evidence that the facility is providing alcoholism or drug abuse recovery, treatment, or detoxification services without a license, the employee or agent shall take the following actions:
(a)  Submit the findings of the investigation to the department.
(b)  Upon departmental authorization, issue a written notice to the facility stating that the facility is operating in violation of Section 11834.30. The notice shall include all of the following:
(1)  The date by which the facility shall cease providing services.
(2)  Notice that the department will assess against the facility a civil penalty of two hundred dollars ($200) thousand dollars ($2,000) per day for every day the facility continues to provide services beyond the date specified in the notice.
(3)  Notice that the case will be referred for civil proceedings pursuant to Section 11834.32 in the event the facility continues to provide services beyond the date specified in the notice.
(c)  Inform the facility of the licensing requirements of this chapter.

SEC. 5.

 Section 11834.34 of the Health and Safety Code is amended to read:

11834.34.
 (a)  In addition to the penalties of suspension or revocation of a license issued under this chapter, the department may also levy a civil penalty for violation of this chapter or the regulations adopted pursuant to this chapter.
(1)  The amount of the civil penalty shall not be less than twenty-five dollars ($25) one thousand dollars ($1,000) or more than fifty dollars ($50) fifteen thousand dollars ($15,000) per day for each violation, except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. Except for penalties assessed pursuant to Section 11834.31, in In no event shall a civil penalty assessment exceed one hundred fifty dollars ($150) fifteen thousand dollars ($15,000) per day.
(2)  Any licensee that is cited for repeating the same violation within 24 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) thousand five hundred dollars ($1,500) and one thousand dollars ($1,000) for each day the violation continues until the deficiency is corrected.
(3)  Any licensee that has been assessed a civil penalty pursuant to paragraph (2) that repeats the same violation within 24 months of the violation subject to paragraph (2) is subject to an immediate civil penalty of one hundred fifty dollars ($150) two thousand dollars ($2,000) for each day the violation continues until the deficiency is corrected.
(b)  Prior to the assessment of any civil penalty, the department shall provide the licensee with notice requiring the licensee to correct the deficiency within the period of time specified in the notice.

SEC. 2.SEC. 6.

 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.