Bill Text: CA AB751 | 2017-2018 | Regular Session | Amended

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Bill Title: Alcohol and drug treatment facilities: nonmedical services.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2018-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB751 Detail]

Download: California-2017-AB751-Amended.html

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Amended  IN  Assembly  March 30, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 751

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Introduced by Assembly Member Brough

February 15, 2017

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An act to amend Section 1250.11 Sections 11834.26, 11834.29, and 11834.50 of the Health and Safety Code, relating to health facilities. alcohol and drug treatment programs.

LEGISLATIVE COUNSEL'S DIGEST

AB 751, as amended, Brough. Health facilities: licensing. Alcohol and drug treatment facilities: nonmedical services.

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 requires a licensee to provide at least 1 of 3 nonmedical services, which are recovery services, treatment services, and detoxification services. The department is required to adopt regulations requiring records and procedures that are appropriate for each of the nonmedical services.

This bill, among other things, would expand the list of nonmedical services to include medication services, counseling and therapy services, meals services, scheduling and appointments services, and planning and tracking services. The bill would also require the department to adopt regulations appropriate for each new nonmedical service, and would make related conforming changes.

Existing law provides for the licensure and regulation of certain health care facilities by the State Department of Public Health. Existing law also requires the department to develop written guidelines and regulations necessary to minimize the risk of transmission of blood-borne infectious diseases from health care worker to patient, from patient to patient, and from patient to health care worker.

This bill would make technical, nonsubstantive changes to those provisions.

Digest Key

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

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Bill Text

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

SECTION 1.

 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.

(4) Medication services, as follows:

(A) Control a resident’s access to medication.

(B) Administer or dispense medication to a resident.

(C) Monitor the amount of medication that a resident takes.

(D) Monitor when the resident takes medication.

(5) Counseling and therapy services, as follows:

(A) Provide group counseling of any kind.

(B) Provide individual counseling of any kind.

(C) Provide physical therapy or treatment of any kind.

(D) Provide psychological therapy or treatment of any kind.

(E) Provide psychiatric therapy or treatment of any kind.

(F) Provide occupational therapy or treatment of any kind.

(G) Provide recreational therapy or treatment of any kind.

(H) Provide mental health therapy or treatment of any kind.

(I) Organize or provide therapeutic activities for residents.

(J) Provide recovery education sessions to residents.

(6) Meals services, as follows:

(A) Control physical access to food or drink.

(B) Provide meal or nutrition planning.

(C) Dictate or control a resident’s dietary intake.

(D) Prepare or provide food as part of a nutrition plan.

(7) Scheduling and appointments services, as follows:

(A) Control or manage a resident’s schedule.

(B) Arrange for a medical or dental appointment for a resident.

(C) Provide referrals to outside therapy or other recovery service providers.

(D) Arrange for counseling or therapy appointments for a resident.

(E) Organize or provide transportation for a resident.

(8) Planning and tracking services, as follows:

(A) Make a recovery or treatment plan with or for a resident.

(B) Monitor a resident’s recovery or treatment.

(C) Establish goals for a resident’s recovery or treatment.

(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 detoxification, medication, counseling and therapy, meals, scheduling and appointments, or planning and tracking planning.

(5)  Referral.

(6)  Documentation of provision of recovery, treatment or detoxification treatment, detoxification, medication, counseling and therapy, meals, scheduling and appointments, or planning and tracking services.

(7)  Discharge and continuing care planning.

(8)  Indicators of recovery, treatment, or detoxification detoxification, medication, counseling and therapy, meals, scheduling and appointments, or planning and tracking outcomes.

(c)  In the development of regulations implementing this section, the written record requirements shall be modified or adapted for social model programs.

SEC. 2.

 Section 11834.29 of the Health and Safety Code is amended to read:

11834.29.

 Any licensee that provides recovery, treatment, or detoxification detoxification, medication, counseling and therapy, meals, scheduling and appointments, or planning and tracking services, that is not in compliance with the requirements of this article, shall have one year from the effective date of the regulations adopted by the department pursuant to this article and pursuant to Article 5 (commencing with Section 11834.50) to comply. In the event that the licensee fails to comply, the department shall take action against the licensee pursuant to Article 4 (commencing with Section 11834.36). 11834.35).

SEC. 3.

 Section 11834.50 of the Health and Safety Code is amended to read:

11834.50.

 The department shall adopt regulations to implement this chapter in accordance with the purposes required by Section 11835. These regulations shall be adopted only after consultation with appropriate groups affected by the proposed regulations. The regulations shall include, but not be limited to, all of the following:

(a)  Provision for a formal appeal process for the denial, suspension, or revocation of a license.

(b)   Establishment of requirements for compliance, procedures for issuance of deficiency notices and civil penalties for noncompliance.

(c)  Provision for the issuance of a waiver for an alcoholism or drug abuse recovery or treatment facility to serve not more than three adolescents, or 10 percent of the total licensed capacity, whichever is less, age 14 years and older, when a need exists and services specific to adolescents are otherwise unavailable. The regulations shall specify the procedures and criteria for granting the waiver. The procedures shall include, but not be limited to, criminal record reviews and fingerprinting.

(d)  Establishment of the elements and minimum requirements for recovery, treatment, and detoxification detoxification, medication, counseling and therapy, meals, scheduling and appointments, and planning and tracking services.

(e)  Provision for an expedited process for reviewing an application for licensure when a license is terminated pursuant to subdivision (c) of Section 11834.40.

SECTION 1.Section 1250.11 of the Health and Safety Code is amended to read:

1250.11.

The State Department of Public Health shall develop written guidelines and regulations necessary to minimize the risk of transmission of blood-borne infectious diseases from health care worker to patient, from patient to patient, and from patient to health care worker. In so doing, the department shall consider the recommendations made by the federal Centers for Disease Control for preventing transmission of human immunodeficiency virus (HIV) and Hepatitis B. The department shall also take into account existing regulations of the department as well as standards, guidelines, and regulations pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300), Division 5, Labor Code) regarding infection control to prevent infection or disease as a result of the transmission of blood-borne pathogens. In so doing, the department shall consult with the Medical Board of California, the Dental Board of California, and the Board of Registered Nursing as well as associations representing health care professions, associations of licensed health facilities, organizations that advocate on behalf of those infected with HIV, and organizations representing consumers of health care. The department shall complete its review of the need for guidelines and regulations by January 1, 1993.