Bill Text: CA AB920 | 2019-2020 | Regular Session | Amended
Bill Title: Substance abuse recovery or treatment providers.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Vetoed) 2020-01-21 - Consideration of Governor's veto stricken from file. [AB920 Detail]
Download: California-2019-AB920-Amended.html
Amended
IN
Senate
September 06, 2019 |
Amended
IN
Senate
June 25, 2019 |
Amended
IN
Assembly
March 25, 2019 |
Introduced by Assembly Member Petrie-Norris (Coauthor: Senator Bates) |
February 20, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law charges the State Department of Health Care Services with administering prevention, treatment, and recovery services for alcohol and drug abuse. Existing law authorizes the department to conduct various activities to alleviate problems related to alcohol and other drug use, including providing funds to counties for the implementation of local programs, reviewing and certifying alcohol and other drug programs, and licensing and regulating adult alcoholism or drug abuse recovery or treatment facilities.
This bill would require the department to convene a technical advisory workgroup comprised of relevant stakeholders to review and prepare
recommendations regarding potential changes to current laws and regulations relevant to substance use disorder services. The bill would require the department to report its progress and the workgroup’s recommendations to the Legislature by June 1, 2020.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The heading of Chapter 7 (commencing with Section 11830) of Part 2 of Division 10.5 of the Health and Safety Code is amended to read:
CHAPTER
7. Quality Assurance Licensing of Outpatient Substance Use Disorder Recovery or Treatment Programs
SEC. 2.
Section 11830 of the Health and Safety Code is amended to read:11830.
(a)
(b)
SEC. 3.
Section 11830.01 of the Health and Safety Code is amended and renumbered to read:11830.01.11834.19.
(a) The department’s death investigation policy shall be designed to ensure that aSEC. 4.
Section 11830.1 of the Health and Safety Code is amended to read:11830.1.
In order to ensure quality assurance of outpatient alcohol and other drug programs and expand the availability of funding resources, the department shall implement aSEC. 5.
Section 11830.5 of the Health and Safety Code is amended to read:11830.5.
(a) The department, in consultation with the county alcohol and drug programSEC. 6.
Section 11831 of the Health and Safety Code is amended to read:11831.
SEC. 7.
Section 11831.2 of the Health and Safety Code is amended to read:11831.2.
(a) The department shall charge a feeSEC. 8.
Section 11831.5 of the Health and Safety Code is amended to read:11831.5.
(a)(c)Certification may be granted under this section on the basis of evidence satisfactory to the department that the requesting alcoholism or drug abuse recovery or treatment program has an accreditation by a statewide or national alcohol or drug program accrediting body. The accrediting body shall provide accreditation that meets or exceeds the department’s standards and is recognized by the department.
(d)Certification, or the lack thereof, shall not convey any approval or disapproval by the department, but shall be for information purposes only.
(e)The standards developed pursuant to Section 11830 and the certification under this section shall satisfy the requirements of Section 1463.16 of the Penal Code.
(f)
(g)Regulations adopted by the department pursuant to this section shall be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, including subdivision (e) of Section 11346.1 of the Government Code, any emergency regulations adopted pursuant to this section shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until revised by the department. Nothing in this subdivision shall be interpreted to prohibit the department from adopting subsequent amendments on a nonemergency basis or as emergency regulations in accordance with the standards set forth in Section 11346.1 of the Government Code.
SEC. 9.
Section 11831.51 is added to the Health and Safety Code, immediately following Section 11831.5, to read:11831.51.
(a) An entity shall not operate, establish, manage, conduct, or maintain an outpatient alcoholism or drug abuse recovery or treatment program within this state without first obtaining a current valid license issued pursuant to Section 11831.5.SEC. 10.
Section 11831.6 of the Health and Safety Code is amended to read:11831.6.
(a) The following persons, programs, or entities shall not give or receive remuneration or anything of value for the referral of a person who is seeking alcoholism or drug abuse recovery(4)An alcohol or other drug program certified by the department in accordance with the alcohol or other drug certification standards established pursuant to Section 11830.1.
(5)An owner, partner, officer, or director, or shareholder who holds an interest of at least 10 percent in an alcohol or other drug program certified by the department in accordance with the alcohol or other drug certification standards established pursuant to Section 11830.1.
(6)A person employed by, or working for, an alcohol or other drug program certified by the department in accordance with the alcohol or other drug certification standards established pursuant to Section 11830.1, including, but not limited to, registered and certified counselors and licensed professionals providing counseling services.
SEC. 11.
Section 11831.7 of the Health and Safety Code is amended to read:11831.7.
(a) The department may investigate allegations of violations of(3)Assess a penalty upon an alcohol or other drug program certified by the department in accordance with the alcohol or other drug certification standards established pursuant to Section 11830.1.
(4)Suspend or revoke the certification of an alcohol or other drug program certified by the department in accordance with the alcohol or other drug certification standards established pursuant to Section 11830.1.
(5)
SEC. 11.5.
Section 11831.7 of the Health and Safety Code is amended to read:11831.7.
(a) The department may investigate allegations of violations of(3)Assess a penalty upon an alcohol or other drug program certified by the department in accordance with the alcohol or other drug certification standards established pursuant to Section 11830.1.
(4)Suspend or revoke the certification of an alcohol or other drug program certified by the department in accordance with the alcohol or other drug certification standards established pursuant to Section 11830.1.
(5)
(c)
SEC. 12.
Section 11832 of the Health and Safety Code is amended to read:11832.
The department may contract with public or private individuals or agencies to provide technical assistance and training to qualify programs for stateSEC. 13.
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 recoverySEC. 14.
Section 11.5 of this bill incorporates amendments to Section 11831.7 of the Health and Safety Code proposed by both this bill and Assembly Bill 919. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2020, (2) each bill amends Section 11831.7 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 919, in which case Section 11 of this bill shall not become operative.This act shall be known and may be cited as “Jarrod’s Law.”
(a)The department shall convene a technical advisory workgroup comprised of relevant stakeholders, including, but not limited to, experts in addiction treatment, consumer and patient protection advocates, and counties, to review and prepare recommendations regarding potential changes to current laws and regulations relevant to substance use disorder services.
(b)On or before June 1, 2020, the department shall report its progress and the recommendations of the workgroup described in subdivision (a) to the Legislature and the chairs of the health committees of the Senate and Assembly.
(c)(1)The requirement for submitting a report imposed under
subdivision (b) is inoperative on January 1, 2024, pursuant to Section 10231.5 of the Government Code.
(2)A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.