Bill Text: CA AB2233 | 2019-2020 | Regular Session | Introduced


Bill Title: Alcoholism or drug abuse recovery or treatment facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2020-02-14 - From printer. May be heard in committee March 15. [AB2233 Detail]

Download: California-2019-AB2233-Introduced.html


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2233


Introduced by Assembly Member Quirk-Silva

February 13, 2020


An act to amend Section 11834.09 of the Health and Safety Code, relating to substance abuse treatment facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 2233, as introduced, Quirk-Silva. Alcoholism or drug abuse recovery or treatment facilities.
Existing law requires the State Department of Health Care Services to license adult alcoholism or drug abuse recovery or treatment facilities, as defined. Existing law authorizes the department to issue a provisional one-year license that the department may revoke for good cause, and prohibits a provisional licensee from reapplying for an initial license for 5 years following a revocation of a provisional license. Existing law requires the department, on or before July 1, 2022, to promulgate regulations to implement these provisions, and authorizes the department to implement these provisions by means of provider bulletins, written guidelines, or similar instructions, until regulations are adopted.
This bill would make technical, nonsubstantive changes to these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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) The department may issue a single license to operate an alcoholism or drug abuse recovery or treatment facility upon receipt of a completed written application, fire clearance, and licensing fee subject to the department’s review and determination that the applicant can comply with this chapter and regulations adopted pursuant to this chapter.
(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 applicant.
(c) Failure of the applicant to demonstrate the ability to comply with this chapter or the regulations adopted pursuant to this chapter shall result in departmental denial of the application for licensure.

(d)Initial licenses for new facilities

(d) (1) An initial license for a new alcoholism or drug abuse recovery or treatment facility shall be provisional for one year. During the term of the provisional license, the department may revoke the license for good cause. For the purposes of this section, “good cause” means failure to operate in compliance with this chapter or the regulations adopted pursuant to this chapter. A
(2) A licensee may not reapply for an initial license for five years following a revocation of a provisional license.
(e) (1) On or before July 1, 2022, the department shall adopt regulations to implement this section in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

(f)

(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act, the department may implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions, until regulations are adopted.

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