Bill Text: CA AB848 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Alcoholism and drug abuse treatment facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-10 - Chaptered by Secretary of State - Chapter 744, Statutes of 2015. [AB848 Detail]

Download: California-2015-AB848-Amended.html

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BILL NUMBER: AB 848	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 1, 2015
	AMENDED IN ASSEMBLY  MAY 6, 2015
	AMENDED IN ASSEMBLY  APRIL 6, 2015

INTRODUCED BY   Assembly Member Mark Stone

                        FEBRUARY 26, 2015

   An act to amend Sections 11834.03 and 11834.36 of, and to add
Sections 11834.025 and 11834.026 to, the Health and Safety Code,
relating to alcohol and drug treatment programs.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 848, as amended, Mark Stone. Alcoholism and drug abuse
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 provides for the licensure and
regulation of health care practitioners by various boards and other
entities within the Department of Consumer Affairs, and prescribes
the scope of practice of those health care practitioners.
   This bill would authorize  a   an adult
alcoholism or drug abuse recovery or treatment  facility that is
licensed under those provisions to allow a licensed physician and
surgeon or other health care practitioner, as defined, to provide
incidental medical services to a resident of the facility at the
facility premises under specified limited circumstances.  The
bill would require the department to establish and collect an
additional fee from those facilities, in   an amount
sufficient to cover the department's reasonable costs of regulating
the provision of those services.  The bill would also make
related findings and declarations.
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature hereby finds and declares all of the
following:
   (a) Substance abuse is a medical condition requiring
interdisciplinary treatment including, when medically necessary,
treatment by a licensed physician and surgeon.
   (b) Subsequent to the enactment of state law licensing and
regulating residential facilities providing alcohol and other drug
detoxification treatment, public knowledge of addiction and treatment
has advanced significantly.
   (c) Lack of scientific understanding at the time of enactment of
those state laws prevents the State Department of Health Care
Services from licensing a residential treatment facility that uses a
California-licensed physician and surgeon to provide necessary
evaluation and treatment at the facility premises.
   (d) This prohibition has been found to endanger persons in
treatment, can result in treatment below the recognized standard of
care, jeopardizes patient health, and delays patient recovery.
   (e) To resolve this problem, it is the intent of the Legislature
to enact this act in order to modernize and update state law and
allow those in treatment to be protected and to receive modern
medical treatment for a medical condition.
  SEC. 2.  Section 11834.025 is added to the Health and Safety Code,
to read:
   11834.025.  (a) (1) As a condition of providing alcoholism or drug
abuse recovery or treatment services under this chapter at a
facility licensed by the department, the facility shall obtain from
an applicant for services a signed certification described in
subdivision (b) from a health care practitioner.
   (2) For purposes of this chapter, "health care practitioner" means
a person duly licensed and regulated under Division 2 (commencing
with Section 500) of the Business and Professions Code, who is acting
within the scope of practice of his or her license or certificate.
   (b) The department shall develop a standard certification form for
use by a health care practitioner. The form shall include, but not
be limited to, a description of the alcoholism and drug abuse
recovery or treatment services that a licensed alcoholism or drug
abuse recovery or treatment facility may provide under state law, and
a certification by the health care practitioner that the health
condition or medical or psychiatric history of the applicant does not
require a level of care that is higher than the level of care that
may legally be provided by a licensed alcoholism or drug abuse
recovery or treatment facility. 
   (c) On or before January 1, 2017, the department shall adopt
emergency regulations to implement this section. The regulations
shall prescribe, among other things, the timeframe within which the
certification described in subdivision (b) shall be provided to a
facility.  
   (1) (A) The initial adoption of emergency regulations pursuant to
this section and each readoption of emergency regulations shall be
deemed an emergency and necessary for the immediate preservation of
the public peace, health, safety, or general welfare. Initial
emergency regulations and any readoption of emergency regulations
authorized by this section shall be exempt from review by the Office
of Administrative Law. The initial emergency regulations and each
readoption of emergency regulations authorized by this section shall
be submitted to the Office of Administrative Law for filing with the
Secretary of State and publication in the California Code of
Regulations and each shall remain in effect only until the earlier of
180 days following the effective date of the emergency regulations
or the effective date of final regulations adopted by the department.
 
   (B) 
    (   c)   (1)    The
department shall adopt  final regulations  
regulations,  on or before July 1,  2017.  
2017, to implement this se   ction.  The 
final  regulations shall be adopted 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).
   (2) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act, 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 only until the department adopts
 emergency  regulations.
  SEC. 3.  Section 11834.026 is added to the Health and Safety Code,
to read:
   11834.026.  (a) As used in this section, "incidental medical
services" means services, as specified by the department in
regulations, to address physical and mental health issues associated
with either detoxification from alcohol or drugs or the provision of
alcoholism or drug abuse recovery or treatment services, that in the
opinion of a physician are not required to be performed in a licensed
clinic or licensed health facility, as defined in Section 1200 or
1250, respectively.
   (b) Notwithstanding any other law, a licensed alcoholism or drug
abuse recovery or treatment facility may permit incidental medical
services to be provided to a resident at the facility premises by one
or more independent physicians and surgeons licensed by the Medical
Board of California or the Osteopathic Medical Board who are
knowledgeable about addiction medicine, or one or more other health
care practitioners acting within the scope of practice of his or her
license and under the direction of a physician and surgeon, and who
are also knowledgeable about addiction medicine, when all of the
following conditions are met:
   (1) The facility, in the judgment of the department, has the
ability to comply with the requirements of this chapter and all other
applicable laws and regulations to meet the needs of a resident
receiving incidental medical services from a physician pursuant to
this chapter. The department shall specify in regulations the minimum
requirements that a facility shall meet in order to be approved to
permit the provision of incidental medical services on its premises.
The license of a facility approved to provide incidental medical
services shall reflect that those services are permitted to be
provided at the facility premises.
   (2) The physician and surgeon and any other health care
practitioner has signed an acknowledgment on a form provided by the
department that he or she has been advised of and understands the
statutory and regulatory limitations on the services that may legally
be provided by a licensed alcoholism or drug abuse recovery or
treatment facility, and the statutory and regulatory requirements and
limitations for the physician and surgeon or other health care
protection and for the facility, related to providing incidental
medical services. The licensee shall maintain a copy of the signed
form at the facility for a physician and surgeon or other health care
practitioner providing incidental medical services at the facility
premises.
   (3) There is an agreed-upon written protocol between the physician
and surgeon and the alcoholism or drug abuse recovery or treatment
facility signed by the physician and surgeon and the licensee. The
protocol shall address, at a minimum, the respective areas of
responsibility of the physician and surgeon and the facility and the
need for communicating and sharing resident information related to
the physician and surgeon providing incidental medical services. The
department shall specify by regulations the issues that shall be
addressed and the information that shall be included in the protocol.
The facility shall maintain a copy of the signed protocol at the
facility.
   (4) The facility in its admissions agreement with a client shall
clearly identify the individual financially responsible for
incidental medical services provided and the manner in which those
services shall be billed.
   (5) There is ongoing communication between the physician and the
alcoholism or drug abuse recovery or treatment facility about the
services provided to the resident by the physician and surgeon and
the frequency and duration of incidental medical services to be
provided. Resident information shall be shared between the physician
and surgeon and the alcoholism or drug abuse recovery or treatment
facility regarding the resident's need for incidental medical
services and the services to be provided to the resident by the
physician and surgeon, including, but not limited to, medical
information, as defined by the Confidentiality of Medical Information
Act (Part 2.6 (commencing with Section 56) of Division 1 of the
Civil Code). The department shall specify by regulations any other
requirements or limitations on these communications.
   (6) There is initial and ongoing communication between the
physician and surgeon or other health care practitioner and the
resident's health plan or health insurer prior to the provision of
incidental medical services, to the extent allowable by state and
federal privacy and confidentiality laws, to ensure coordination of
care.
   (7) The facility does not provide incidental medical services and
does not assist with or interfere with the physician and surgeon or
other health care practitioner providing incidental medical services.

   (8) In addition to any other medical authorization that may be
required before a facility resident receives incidental medical
services, the resident is authorized by the physician and surgeon as
medically appropriate to receive the incidental medical services at
the premises of the licensed facility. A copy of the authorization,
on a form provided by the department, shall be signed by the
physician and surgeon and maintained in the resident's file at the
facility.
   (9) Before a facility resident receives incidental medical
services, the resident has signed an acknowledgment and consent to
receive those services on a form provided by the department. The
form, at a minimum, shall describe the incidental medical services
that the facility may permit to be provided and shall state that the
permitted incidental medical services will be provided by a physician
and surgeon or other health care practitioner working under the
direction of the physician and surgeon and not by the facility staff.
The department shall specify in regulations, at a minimum, the
content and manner of providing the form, and any other information
that the department deems appropriate. The facility shall maintain a
copy of the signed acknowledgment and consent in the resident's file.

   (10) Once incidental medical services are initiated for a
resident, the physician and surgeon and facility shall continuously
monitor the resident to ensure that the resident remains appropriate
to receive those services. If the physician and surgeon determines
that a change in the resident's medical or psychiatric condition
requires other medical or psychiatric services or that a higher level
of care is required than the facility may legally provide, the
physician and surgeon shall immediately notify the licensee and shall
assist the licensee to initiate emergency care, urgent care, or
other higher level of care, as appropriate. If the licensee believes
that a resident requires a higher level of care than the facility can
legally provide, the licensee shall immediately notify the physician
and surgeon and the department. The department shall specify by
regulations any other requirements or limitations pertaining to
changes in condition of a resident who is receiving incidental
medical services, and any other requirements the department deems
appropriate.
   (11) The facility maintains in its files a copy of the physician
and surgeon's license or other written evidence of licensure to
practice medicine in the state.
   (12) The physician and surgeon and the facility both maintain
compliance with the department's regulations relating to providing
incidental medical services.
   (c) The facility shall report to the department in a timely manner
any violation or suspected violation by the physician and surgeon of
the regulations relating to providing incidental medical services or
the signed protocol described in paragraph (3) of subdivision (b).
The department shall specify in regulations, at a minimum, the steps
required to be taken when the department substantiates that
information provided by the licensee.
   (d) This section does not require a facility to provide incidental
medical services or any services beyond those permitted by this
chapter.
   (e) The department shall not evaluate or have any responsibility
or liability with respect to evaluating incidental medical services
provided. This section does not limit the department's ability to
report suspected misconduct by a physician and surgeon or other
health care practitioner to the appropriate licensing entity or to
law enforcement.
   (f) A facility licensed and approved by the department to allow
provision of incidental medical services shall not by offering
approved incidental medical services be considered a clinic or health
facility within the meaning of Section 1200 or 1250, respectively.
   (g) Other than incidental medical services provided, minor first
aid, or in the case of a life threatening emergency, this section
does not authorize the provision at the premises of the facility of
any medical or health care services or any other services that
require a higher level of care than the care that may be provided
within a licensed alcoholism or drug abuse recovery or treatment
facility. 
   (h) The department shall promulgate regulations to implement this
section.  
   (1) The department shall adopt emergency regulations on or before
January 1, 2017. Prior to adoption of emergency regulations, the
department shall seek appropriate technical assistance from
stakeholders and shall allow interested stakeholders to provide
comments through any means the department deems appropriate.
 
   (2) (A) The initial adoption of emergency regulations pursuant to
this section and each readoption of emergency regulations shall be
deemed an emergency and necessary for the immediate preservation of
the public peace, health, safety, or general welfare. Initial
emergency regulations and each readoption of emergency regulations
authorized by this section shall be exempt from review by the Office
of Administrative Law. The initial emergency regulations and each
readoption of emergency regulations authorized by this section shall
be submitted to the Office of Administrative Law for filing with the
Secretary of State and publication in the California Code of
Regulations and each shall remain in effect only until the earlier of
180 days following the effective date of the emergency regulations
or the effective date of final regulations adopted by the department.
 
   (B) 
    (h)   (1)    On or before July 1,
2017, the department shall adopt  final  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).

   (3) 
    (2)  Notwithstanding the rulemaking provisions of the
Administrative Procedure Act, 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  emergency 
regulations are adopted.
  SEC. 4.  Section 11834.03 of the Health and Safety Code is amended
to read:
   11834.03.  (a) A person or entity applying for licensure shall
file with the department, on forms provided by the department, all of
the following:
   (1) A completed written application for licensure.
   (2) A fire clearance approved by the State Fire Marshal or local
fire enforcement officer.
   (3) A licensure fee, established in accordance with Chapter 7.3
(commencing with Section 11833.01).
   (b)  (1)    If an applicant intends to permit
services pursuant to Section 11834.026, the applicant shall submit a
copy of the written protocol, evidence of a valid license of the
physician and surgeon who will provide those services, and any other
information the department deems appropriate, including, but not
limited to, a copy of the alcoholism or drug abuse recovery or
treatment facility's accreditation by a nationally recognized
accrediting organization. 
   (c) 
    (   2)  The department  may 
 shall  establish  and collect  an additional
licensure fee for an application that includes a request to provide
detoxification services or services pursuant to Section 11834.026.
 The fee shall be set at an amount sufficient to cover the
department's reasonable costs of regulating the provision of those
services. 
  SEC. 5.  Section 11834.36 of the Health and Safety Code is amended
to read:
   11834.36.  (a) The director may suspend or revoke any license
issued under this chapter, or deny an application for licensure, for
extension of the licensing period, or to modify the terms and
conditions of a license, upon any of the following grounds and in the
manner provided in this chapter:
   (1) Violation by the licensee of any provision of this chapter or
regulations adopted pursuant to this chapter.
   (2) Repeated violation by the licensee of any of the provisions of
this chapter or regulations adopted pursuant to this chapter.
   (3) Aiding, abetting, or permitting the violation of, or any
repeated violation of, any of the provisions described in paragraph
(1) or (2).
   (4) Conduct in the operation of an alcoholism or drug abuse
recovery or treatment facility that is inimical to the health,
morals, welfare, or safety of either an individual in, or receiving
services from, the facility or to the people of the State of
California.
   (5) Misrepresentation of any material fact in obtaining the
alcoholism or drug abuse recovery or treatment facility license,
including, but not limited to, providing false information or
documentation to the department.
   (6) The licensee's refusal to allow the department entry into the
facility to determine compliance with the requirements of this
chapter or regulations adopted pursuant to this chapter.
   (7) Violation by the licensee of Section 11834.026 or the
regulations adopted pursuant to that section.
   (8) Failure to pay any civil penalties assessed by the department.

   (b) The director may temporarily suspend any license prior to any
hearing when, in the opinion of the director, the action is necessary
to protect residents of the alcoholism or drug abuse recovery or
treatment facility from physical or mental abuse, abandonment, or any
other substantial threat to health or safety. The director shall
notify the licensee of the temporary suspension and the effective
date of the temporary suspension and at the same time shall serve the
provider with an accusation. Upon receipt of a notice of defense to
the accusation by the licensee, the director shall, within 15 days,
set the matter for hearing, and the hearing shall be held as soon as
possible. The temporary suspension shall remain in effect until the
time the hearing is completed and the director has made a final
determination on the merits. However, the temporary suspension shall
be deemed vacated if the director fails to make a final determination
on the merits within 30 days after the department receives the
proposed decision from the Office of Administrative Hearings.