Bill Text: CA AB972 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Oil and gas: hydraulic fracturing: moratorium.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-08-16 - In committee: Held under submission. [AB972 Detail]

Download: California-2011-AB972-Amended.html

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BILL NUMBER: AB 972	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 15, 2011
	AMENDED IN ASSEMBLY  APRIL 13, 2011

INTRODUCED BY   Assembly Members Butler and Beall

                        FEBRUARY 18, 2011

   An act to amend, repeal, and add Section 11834.02 of  , and to
add Section 11833.05 to,  the Health and Safety Code, relating
to alcoholism or drug abuse treatment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 972, as amended, Butler. Substance abuse: treatment facilities.

   Existing law provides for the licensure, certification, and
regulation of alcoholism or drug abuse recovery or treatment
facilities serving adults, administered by the State Department of
Alcohol and Drug Programs. These facilities are defined to mean any
premises, place, or building that provides 24-hour residential
nonmedical services to adults who are recovering from problems
related to alcohol, drug, or alcohol and drug misuse or abuse, and
who need alcohol, drug, or alcohol and drug recovery treatment or
detoxification services.
   This bill would, until January 1, 2017, revise the definition of
an alcoholism or drug abuse recovery or treatment facility to include
a facility that provides a  prescribed  medical program
exclusively to residents of the facility  , as specified,
 and that is accredited by a nationally recognized
accrediting organization. 
   Existing law requires the department to charge a fee to license
alcohol or drug abuse recovery or treatment facilities. Existing law
establishes the Residential and Outpatient Program Licensing Fund,
consisting of specified fees, fines, and penalties. Under existing
law, money in the fund, upon appropriation by the Legislature, is
available to support the department's licensing and certification
activities.  
   This bill would require the department to charge an alcohol or
drug abuse recovery or treatment facility a reasonable fee for the
initial license and for extension of the license, calculated every 2
years, as prescribed. This bill would prohibit the department from
levying a fee for licensure of nonprofit organizations or local
governmental entities for these purposes. This bill would also
authorize the department to charge a specified fee for licensure or
certification of a facility that provides a prescribed medical
program exclusively to residents of the facility and that is
accredited by a nationally recognized accrediting organization. 

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 11833.05 is added to the 
 Health and Safety Code   , to read:  
   11833.05.  Notwithstanding Section 11833.02, for all programs,
facilities, or services licensed pursuant to Chapter 7.5 (commencing
with Section 11834.01), the following shall apply:
   (a) The department shall calculate and establish the fee for
initial licensure and for extension of the period of licensure. The
nonrefundable licensing fee shall be calculated every two years in an
amount sufficient to cover the department's cost in administering
the licensure under this chapter for other than nonprofit and local
government entities. No fee shall be levied for licensure of
nonprofit or local government entities. No fee shall exceed the
reasonable cost to the state incident to issuing the license,
performing investigations, inspections, and audits, enforcing orders,
and administrative enforcement and adjudication thereof.
   (b) For licensure or certification of a facility that provides a
program of limited medical services as authorized in subdivision (e)
of Section 11834.02, the department may charge a fee not in excess of
the patient slot fee for a narcotic treatment program licensed by
the department. 
   SECTION 1.   SEC. 2.   Section 11834.02
of the Health and Safety Code is amended to read:
   11834.02.  (a) As used in this chapter, "alcoholism or drug abuse
recovery or treatment facility" or "facility" means any premises,
place, or building that provides 24-hour residential nonmedical
services to adults who are recovering from problems related to
alcohol, drug, or alcohol and drug misuse or abuse, and who need
alcohol, drug, or alcohol and drug recovery treatment or
detoxification services,  including   and may
include  a facility that provides a medical program exclusively
to residents of the facility pursuant to subdivision (e) and that is
accredited by a nationally recognized accrediting organization.
   (b) As used in this chapter, "adults" includes, but is not limited
to, all of the following:
   (1) Mothers over 18 years of age and their children.
   (2) Emancipated minors, which may include, but are not limited to,
mothers under 18 years of age and their children.
   (c) As used in this chapter, "emancipated minors" means persons
under 18 years of age who have acquired emancipation status pursuant
to Section 7002 of the Family Code.
   (d) Notwithstanding subdivision (a), an alcoholism or drug abuse
recovery or treatment facility may serve adolescents upon the
issuance of a waiver granted by the department pursuant to
regulations adopted under subdivision (c) of Section 11834.50.
   (e) An alcoholism or drug abuse recovery or treatment facility may
provide medical services by a  multidisciplinary team,
including a  physician, exclusively to residents of the
facility for the purpose of assisting in detoxification and 
recovery   treatment  . The medical services
provided under this subdivision shall be limited to the following:
   (1) Medical evaluation, psychiatric counseling, and prescription
of medications for assistance with detoxification.
   (2) Additional psychiatric evaluation and counseling, if
necessary.
   (3) Prescribing and monitoring of medications, including public
health inoculations.
   (4) Obtaining medical histories and routine examinations for
general oversight of the medical condition of residents within the
facility.
   (5) Routine, noninvasive testing, including drawing blood samples
for laboratory examination and testing offsite.
   (f) Nothing contained in this section shall be construed to permit
the state or a local governmental entity to require the provision of
medical services within a facility as a condition of licensure,
funding, or other regulatory supervision.
   (g) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
   SEC. 2.   SEC. 3.   Section 11834.02 is
added to the Health and Safety Code, to read:
   11834.02.  (a) As used in this chapter, "alcoholism or drug abuse
recovery or treatment facility" or "facility" means a premises,
place, or building that provides 24-hour residential nonmedical
services to adults who are recovering from problems related to
alcohol, drug, or alcohol and drug misuse or abuse, and who need
alcohol, drug, or alcohol and drug recovery treatment or
detoxification services.
   (b) As used in this chapter, "adults" includes, but is not limited
to, all of the following:
   (1) Mothers over 18 years of age and their children.
   (2) Emancipated minors, which may include, but are not limited to,
mothers under 18 years of age and their children.
   (c) As used in this chapter, "emancipated minors" means persons
under 18 years of age who have acquired emancipation status pursuant
to Section 7002 of the Family Code.
   (d) Notwithstanding subdivision (a), an alcoholism or drug abuse
recovery or treatment facility may serve adolescents upon the
issuance of a waiver granted by the department pursuant to
regulations adopted under subdivision (c) of Section 11834.50.
   (e) This section shall become operative on January 1, 2017.