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AB-615 Alcoholism or drug abuse recovery and treatment services: referrals.(2019-2020)

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Date Published: 03/13/2019 09:00 PM
AB615:v98#DOCUMENT

Amended  IN  Assembly  March 13, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 615


Introduced by Assembly Member Brough

February 14, 2019


An act to amend Section 11831.6 of add Section 11831.8 to the Health and Safety Code, relating to public health.


LEGISLATIVE COUNSEL'S DIGEST


AB 615, as amended, Brough. Alcoholism or drug abuse recovery and treatment services: referrals.
(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. Existing law Services, and provides for the certification of alcohol and other drug treatment recovery services. Existing law prohibits specified persons, programs, or entities, including, among others, including a partner or shareholder who holds an interest of at least 10% in a licensed alcoholism or drug abuse recovery and treatment facility or a certified alcohol or other drug program, or an employee of that facility or 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. Existing law authorizes the department to investigate allegations of violations of these requirements, and, upon finding a violation of these requirements, authorizes the department to take specified actions against the alcoholism or drug abuse recovery or treatment facility, including suspending or revoking the facility license.
This bill would make a willful violation of this prohibition against referrals for remuneration a crime, punishable by a fine of not more than $200,000, $10,000, imprisonment for not more than 10 years, or both, for each occurrence. in a county jail for 16 months, or 2 or 3 years, or both fine and imprisonment.
(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 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 11831.8 is added to the Health and Safety Code, immediately following 11831.7, to read:

11831.8.
 A person who willfully violates Section 11831.6 or any rule or order implementing that section shall upon conviction be fined not more than ten thousand dollars ($10,000) or imprisoned pursuant to subdivision (h) of Section 1170 of the Penal Code, or be punished by fine and imprisonment, but a person shall not be imprisoned for the violation of any rule or order unless it is proven that this person had knowledge of the rule or order.

SECTION 1.Section 11831.6 of the Health and Safety Code is amended to read:
11831.6.

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

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

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

(3)A person employed by, or working for, an alcoholism or drug abuse recovery and treatment facility licensed under this part, including, but not limited to, 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 or other drug certification standards established pursuant to Section 11830.1.

(5)An owner, partner, officer, or director, or 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 or 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 or other drug certification standards established pursuant to Section 11830.1, including, but not limited to, registered and certified counselors and licensed professionals providing counseling services.

(b)A violation of subdivision (a) is a crime and is punishable by a fine of not more than two hundred thousand dollars ($200,000), imprisonment for not more than 10 years, or both, for each occurrence.

(c)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), 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.

 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.