Bill Text: CA AB704 | 2019-2020 | Regular Session | Introduced

California Assembly Bill 704 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2020-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB704 Detail]

Download: California-2019-AB704-Introduced.html

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 introduced, 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 who has responsibility for residents of an alcoholism or drug abuse recovery or treatment facility to be subject to a criminal record review, as specified, and would exempt residents 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 denying that involvement due to a drug-related conviction.

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 on or after January 1, 2020, who has responsibility for residents of an 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 before January 1, 2020, who has responsibility for residents of an alcoholism or drug abuse recovery or treatment facility shall complete a criminal record review on or before December 31, 2021.

(3) Residents 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 be cause for the department to deny involvement in the provision of services.

(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.