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SB-486 Recovery residences.(2019-2020)



Current Version: 03/25/19 - Amended Senate         Compare Versions information image


SB486:v98#DOCUMENT

Amended  IN  Senate  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 486


Introduced by Senator Bates
(Principal coauthor: Senator Allen)
(Principal coauthor: Assembly Member Melendez)

February 21, 2019


An act to amend Section 11834.02 Sections 11831.6 and 11831.7 of the Health and Safety Code, relating to public health. recovery residences.


LEGISLATIVE COUNSEL'S DIGEST


SB 486, as amended, Bates. Alcoholism and drug abuse recovery or treatment facilities. Recovery residences.
Existing law generally provides for the administration of public health. Existing law requires the State Department of Health Care Services to license and regulate alcoholism and drug abuse recovery and treatment facilities for adults. Existing law prohibits specified persons, programs, or entities 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 and impose specified sanctions for violations of that prohibition, including assessing a penalty or revoking a license.
This bill would prohibit a commercially operated recovery residence 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, and would require the department to impose a fine of $50,000 for each violation.

Existing law defines an “alcoholism or drug abuse recovery or treatment facility” as 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. Under existing law, new licenses for these facilities are issued for a 2-year period, and onsite program visits for compliance are required to be conducted at least once during this period.

This bill would make technical, nonsubstantive changes to the facility definition.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


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 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:
(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.
(7) A recovery residence, as defined in Section 11833.05, that is commercially operated.
(b) 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.

 Section 11831.7 of the Health and Safety Code is amended to read:

11831.7.
 (a) The department may investigate allegations of violations of Section 11831.6. The department may, upon finding a violation of Section 11831.6 or any regulation adopted pursuant to that section, do any of the following:
(1) Assess a penalty upon an alcoholism or drug abuse recovery and treatment facility licensed under this part.
(2) Suspend or revoke the license of an alcoholism or drug abuse recovery and treatment facility licensed under Chapter 7.5 (commencing with Section 11834.01), or deny an application for licensure, extension of the licensing period, or modification to a license. Article 4 (commencing with Section 11834.35) of Chapter 7.5 shall apply to any action taken pursuant to this paragraph.
(3) Assess a penalty upon 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.
(4) Suspend or revoke the certification of 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) Suspend or revoke the registration or certification of a counselor for a violation of Section 11831.6.
(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) The department shall fine a recovery residence, as defined in Section 11833.05, that is commercially operated, fifty thousand dollars ($50,000) for each violation of Section 11831.6.

(c)

(d) 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.

SECTION 1.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” includes, but is not limited to, all of the following:

(1)Mothers over 18 years of age and their children.

(2)Emancipated minors, including, but 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.