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

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Date Published: 03/28/2019 09:00 PM
AB704:v98#DOCUMENT

Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 704


Introduced by Assembly Member Patterson
(Principal coauthor: Senator Bates)

February 19, 2019


An act to add Section 11834.28 to the Health and Safety Code, relating to substance abuse.


LEGISLATIVE COUNSEL'S DIGEST


AB 704, as amended, Patterson. Alcoholism or drug abuse recovery or treatment facilities.
Existing law provides for the licensing and regulation of alcoholism or drug abuse recovery or treatment facilities, as defined, by the State Department of Health Care Services. Existing law authorizes those facilities to provide incidental medical services to a resident of the facility if those medical services are provided by, or under supervision of, a licensed physician and surgeon who is knowledgeable about addiction medicine.
This bill would require a person hired by an alcoholism or drug abuse recovery or treatment facility who has responsibility for residents frequent contact with clients of an alcoholism or drug abuse recovery or treatment facility to be subject to a criminal record review, as specified, and would exempt residents clients from this requirement. The bill would require the department to conduct this review, and allow the department to approve or deny a person’s involvement in the provision of services based on the results of that review. The bill would prohibit the department from automatically denying that involvement due to a drug-related conviction. conviction, except in extraordinary circumstances.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


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 responsibility for residents frequent contact with clients of an 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 responsibility for residents frequent contact with clients of an that alcoholism or drug abuse recovery or treatment facility shall complete a criminal record review on or before December 31, 2021.
(3) Residents 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. 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.