Bill Text: CA AB2374 | 2013-2014 | Regular Session | Chaptered
Bill Title: Substance abuse: recovery and treatment services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-09-29 - Chaptered by Secretary of State - Chapter 815, Statutes of 2014. [AB2374 Detail]
Download: California-2013-AB2374-Chaptered.html
BILL NUMBER: AB 2374 CHAPTERED
BILL TEXT
CHAPTER 815
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2014
APPROVED BY GOVERNOR SEPTEMBER 29, 2014
PASSED THE SENATE AUGUST 27, 2014
PASSED THE ASSEMBLY AUGUST 28, 2014
AMENDED IN SENATE AUGUST 22, 2014
AMENDED IN SENATE AUGUST 19, 2014
AMENDED IN SENATE JULY 1, 2014
AMENDED IN ASSEMBLY MAY 6, 2014
AMENDED IN ASSEMBLY APRIL 8, 2014
INTRODUCED BY Assembly Member Mansoor
FEBRUARY 21, 2014
An act to amend Section 11833 of, and to add Section 11830.01 to,
the Health and Safety Code, relating to substance abuse treatment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2374, Mansoor. Substance abuse: recovery and treatment
services.
(1) Existing law grants the Department of Health Care Services the
sole authority in state government to license adult alcoholism or
drug abuse recovery or treatment facilities. The department is
authorized to issue a license to specified types of facilities if
certain criteria are met. Existing regulations require licensees to
report specified events and incidents to the department, including,
among others, the death of a resident at a licensed facility.
This bill would require the department to design its death
investigation policy to ensure that the death of a resident of a
licensed facility is addressed and investigated by the department in
a timely manner. The bill would specify the content of telephonic and
written reports of resident deaths occurring in a licensed facility
that are required to be reported to the department.
This bill would require that a telephonic report be submitted to
the department within one working day, and a written report within 7
calendar days, of the event or incident.
(2) Existing law grants the department the sole authority in state
government to determine the qualifications, including the
appropriate skills, education, training, and experience of personnel
working within alcoholism or drug abuse recovery and treatment
programs licensed, certified, or funded under state law. The
department, by regulation, requires that a person who will provide
counseling services to those programs to register with, and be
certified by, a nationally accredited certifying organization
approved by the department.
This bill would prohibit the department from approving a
certifying organization for those purposes if the organization does
not, prior to registering or certifying an individual, contact other
department-approved certifying organizations to determine whether the
individual has ever had his or her registration or certification
revoked. The bill would require a certifying organization to deny a
counselor's request for registration if the counselor's registration
or certification has been previously revoked, and to send the
counselor a written notice of denial.
This bill would authorize the department to implement, interpret,
or make specific the provisions described above by all-county
letters, plan letters, plan or provider bulletins, or similar
instructions, until the time the department adopts regulations. The
bill would require the department to adopt those regulations by
December 31, 2017.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11830.01 is added to the Health and Safety
Code, to read:
11830.01. (a) The department's death investigation policy shall
be designed to ensure that a resident's death is addressed and
investigated by the department in a timely manner.
(b) The telephonic and written reports of resident deaths
occurring in a licensed facility that are required to be reported to
the department shall include, but not be limited to, a description of
the event or incident, including the time, location, and nature of
the event or incident, a list of immediate actions that were taken,
including persons contacted, and a description of the followup action
that is planned, including, but not limited to, steps taken to
prevent a future death.
(c) A telephonic report required under subdivision (b), which
includes the event or incident and all information required under
subdivision (b) that is known at the time of the report, shall be
submitted to the department within one working day of the event or
incident.
(d) A written report required under subdivision (b), which
includes all information required under subdivision (b), shall be
submitted to the department within seven calendar days of the event
or incident.
SEC. 2. Section 11833 of the Health and Safety Code is amended to
read:
11833. (a) The department shall have the sole authority in state
government to determine the qualifications, including the appropriate
skills, education, training, and experience of personnel working
within alcoholism or drug abuse recovery and treatment programs
licensed, certified, or funded under this part.
(b) (1) Except for licensed professionals, as defined by the
department, the department shall require that an individual providing
counseling services working within a program described in
subdivision (a) be registered with or certified by a certifying
organization approved by the department to register and certify
counselors.
(2) The department shall not approve a certifying organization
that does not, prior to registering or certifying an individual,
contact other department-approved certifying organizations to
determine whether the individual has ever had his or her registration
or certification revoked.
(c) If a counselor's registration or certification has been
previously revoked, the certifying organization shall deny the
request for registration and shall send the counselor a written
notice of denial. The notice shall specify the counselor's right to
appeal the denial in accordance with applicable statutes and
regulations.
(d) The department shall have the authority to conduct periodic
reviews of certifying organizations to determine compliance with all
applicable laws and regulations, including subdivision (c), and to
take actions for noncompliance, including revocation of the
department's approval.
(e) (1) Notwithstanding Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code, the
department, without taking any further regulatory action, shall
implement, interpret, or make specific this section by means of
all-county letters, plan letters, plan or provider bulletins, or
similar instructions until the time that regulations are adopted.
(2) The department shall adopt regulations by December 31, 2017,
in accordance with the requirements of Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
