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SB-992 Alcoholism or drug abuse recovery or treatment facilities.(2017-2018)

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Date Published: 09/27/2018 09:00 PM
SB992:v93#DOCUMENT

Senate Bill No. 992
CHAPTER 784

An act to amend Sections 11834.02, 11834.26, and 11834.36 of, and to add Chapter 7.4 (commencing with Section 11833.05) to Part 2 of Division 10.5 of, the Health and Safety Code, relating to alcohol and drug programs.

[ Approved by Governor  September 26, 2018. Filed with Secretary of State  September 26, 2018. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 992, Hernandez. Alcoholism or drug abuse recovery or treatment facilities.
Existing law provides for the licensure and regulation of adult alcoholism or drug abuse recovery or treatment facilities by the State Department of Health Care Services. Existing law defines “alcoholism or drug abuse recovery or treatment facility” to mean any premises, place, or building that provides 24-hour residential nonmedical services, as defined, to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. Existing law requires licensees to provide specified nonmedical services, including recovery, treatment, or detoxification, and requires the department to adopt regulations requiring records and procedures that are appropriate for those services, including discharge and continuing care planning. Existing law authorizes the department to certify alcoholism or drug abuse recovery or treatment programs, to, among other things, identify programs that exceed minimal levels of service quality.
This bill would change the definition of “alcoholism or drug abuse recovery or treatment facility” to include facilities that provide residential nonmedical services for less than 24 hours in a day, thereby subjecting additional facilities to the above-referenced licensing and regulatory requirements applicable to those facilities.
This bill would require all programs licensed or certified by the department through the provisions above to disclose specified information to the department, including, among other things, ownership of a recovery residence, as defined.
The bill would require a licensee to develop a plan to address when a resident relapses that would include, among other things, discharge and continuing care planning, as specified. The bill would require the department to adopt regulations to implement that provision no later than January 1, 2021, and would authorize the use of bulletin or all-county or all-provider letters, until those regulations are adopted. The bill would prohibit a licensee from denying admission to any individual based solely on the individual having a valid prescription from a licensed health care professional for a medication approved by the federal Food and Drug Administration for the purpose of narcotic replacement treatment or medication-assisted treatment of substance use disorders. The bill would authorize the department to terminate review of an application for licensure from any person or entity that previously had a license suspended or revoked for a period of 5 years after the suspension or revocation.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Chapter 7.4 (commencing with Section 11833.05) is added to Part 2 of Division 10.5 of the Health and Safety Code, to read:
CHAPTER  7.4. Licensing and Certification Program Disclosures

11833.05.
 (a) All programs certified by the department pursuant to Chapter 7 (commencing with Section 11830) or licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) shall disclose to the department the following information:
(1) Ownership or control of, or financial interest in, a recovery residence.
(2) Any contractual relationship with an entity that regularly provides professional services or addiction treatment or recovery services to clients of programs licensed or certified by the department, if the entity is not part of the program licensed or certified by the department.
(b) All programs licensed or certified by the department shall make the disclosures pursuant to subdivision (a) upon initial licensure or certification, upon renewal of licensure or certification, and upon a licensed or certified program acquiring or starting a relationship that meets paragraph (1) or (2) of subdivision (a). The department may suspend or revoke the license or certification of a program for failing to disclose the information required in subdivision (a).
(c) For the purposes of this section, “recovery residence” means a residential dwelling that provides primary housing for individuals who seek a cooperative living arrangement that supports personal recovery from a substance use disorder and that does not require licensure by the department or does not provide licensable services, pursuant to Chapter 7.5 (commencing with Section 11834.01). A recovery residence may include, but is not limited to, residential dwellings commonly referred to as “sober living homes,” “sober living environments,” or “unlicensed alcohol and drug free residences.”

SEC. 2.

 Section 11834.02 of the Health and Safety Code is amended to read:

11834.02.
 (a) As used in this chapter, “alcoholism or drug abuse recovery or treatment facility” or “facility” means any premises, place, or building that provides residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services.
(b) As used in this chapter, “adults” may include, but is not limited to, all of the following:
(1) Mothers over 18 years of age and their children.
(2) Emancipated minors, which may include, but is not limited to, mothers under 18 years of age and their children.
(c) As used in this chapter, “emancipated minors” means persons under 18 years of age who have acquired emancipation status pursuant to Section 7002 of the Family Code.
(d) Notwithstanding subdivision (a), an alcoholism or drug abuse recovery or treatment facility may serve adolescents upon the issuance of a waiver granted by the department pursuant to regulations adopted under subdivision (c) of Section 11834.50.

SEC. 3.

 Section 11834.26 of the Health and Safety Code is amended to read:

11834.26.
 (a) The licensee shall provide at least one of the following nonmedical services:
(1) Recovery services.
(2) Treatment services.
(3) Detoxification services.
(b) The department shall adopt regulations requiring records and procedures that are appropriate for each of the services specified in subdivision (a). The records and procedures may include all of the following:
(1) Admission criteria.
(2) Intake process.
(3) Assessments.
(4) Recovery, treatment, or detoxification planning.
(5) Referral.
(6)  Documentation of provision of recovery, treatment, or detoxification services.
(7) Discharge and continuing care planning.
(8) Indicators of recovery, treatment, or detoxification outcomes.
(c) A licensee shall not deny admission to any individual based solely on the individual having a valid prescription from a licensed health care professional for a medication approved by the federal Food and Drug Administration for the purpose of narcotic replacement treatment or medication-assisted treatment of substance use disorders.
(d) A licensee shall develop a plan to address when a resident relapses, including when a resident is on the licensed premises after consuming alcohol or using illicit drugs. The plan shall include details of how the treatment stay and treatment plan of the resident will be adjusted to address the relapse episode and how the resident will be treated and supervised while under the influence of alcohol or illicit drugs, as well as discharge and continuing care planning, including when a licensee determines that a resident requires services beyond the scope of the licensee. This subdivision does not require a licensee to discharge a resident.
(e) The department shall have the authority to implement subdivision (d) by bulletin or all-county or all-provider letter, after stakeholder input, until such time that regulations are promulgated. The department shall promulgate regulations to implement subdivision (d) no later than January 1, 2021.
(f) In the development of regulations implementing this section, the written record requirements shall be modified or adapted for social model programs.

SEC. 4.

 Section 11834.36 of the Health and Safety Code is amended to read:

11834.36.
 (a) The director may suspend or revoke any license issued under this chapter, as well as any other licenses issued under this chapter to operate an adult alcoholism or drug abuse recovery or treatment facility held by the same person or entity, or deny an application for licensure, extension of the licensing period, or modification to a license, upon any of the following grounds and in the manner provided in this chapter:
(1) Violation by the licensee of any provision of this chapter or regulations adopted pursuant to this chapter.
(2) Repeated violation by the licensee of any of the provisions of this chapter or regulations adopted pursuant to this chapter.
(3) Aiding, abetting, or permitting the violation of, or any repeated violation of, any of the provisions described in paragraph (1) or (2).
(4) Conduct in the operation of an alcoholism or drug abuse recovery or treatment facility that is inimical to the health, morals, welfare, or safety of either an individual in, or receiving services from, the facility or to the people of the State of California.
(5) Misrepresentation of any material fact in obtaining the alcoholism or drug abuse recovery or treatment facility license, including, but not limited to, providing false information or documentation to the department.
(6) The licensee’s refusal to allow the department entry into the facility to determine compliance with the requirements of this chapter or regulations adopted pursuant to this chapter.
(7) Violation by the licensee of Section 11834.026 or the regulations adopted pursuant to that section.
(8) Failure to pay any civil penalties assessed by the department.
(b) The director may temporarily suspend any license, as well as any other licenses issued under this chapter to operate an adult alcoholism or drug abuse recovery or treatment facility held by the same person or entity, prior to any hearing when, in the opinion of the director, the action is necessary to protect residents of the alcoholism or drug abuse recovery or treatment facility from physical or mental abuse, abandonment, or any other substantial threat to health or safety. The director shall notify the licensee of the temporary suspension and the effective date of the temporary suspension and at the same time shall serve the provider with an accusation. Upon receipt of a notice of defense to the accusation by the licensee, the director shall, within 15 days, set the matter for hearing, and the hearing shall be held as soon as possible. The temporary suspension shall remain in effect until the time the hearing is completed and the director has made a final determination on the merits. However, the temporary suspension shall be deemed vacated if the director fails to make a final determination on the merits within 30 days after the department receives the proposed decision from the Office of Administrative Hearings.
(c) The department may terminate review of an application for licensure under this chapter from any person or entity that previously had a license issued under this chapter suspended or revoked for a period of five years from the date of the final decision and order.