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  AUGUST 15, 2011
	AMENDED IN SENATE  JUNE 29, 2011
	AMENDED IN SENATE  JUNE 15, 2011
	AMENDED IN ASSEMBLY  APRIL 13, 2011

INTRODUCED BY   Assembly Members Butler and Beall
   (Coauthor: Assembly Member Mitchell)

                        FEBRUARY 18, 2011

   An act to amend, repeal, and add Section 11834.02 of, and to add
 and repeal  Section  11833.05  
11834.04  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 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. The bill would require
legislative approval of new fees. 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.  
   This bill would require the licensure and certification fee for
facilities that provide the prescribed medical program to be, for the
first year of implementation, no more than $50 per client based on
the number of clients the facility served the prior year. 
   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 a 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 facilities 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) The department shall submit any proposed new fees or fee
changes to the Legislature for approval no later than April 1 of each
year as part of the spring finance letter process. No new fees or
fee changes shall be implemented without legislative approval.
   (c) Unless funds are specifically appropriated from the General
Fund in the annual Budget Act or other legislation to support the
division, the Licensing and Certification Division, no later than the
beginning of the 2010-11 fiscal year, shall be supported entirely by
federal funds and special funds.
   (d) Additionally, 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 per
bed fee based on, and not to exceed, the patient slot fee for a
narcotic treatment program licensed by the department. 
   SEC. 2.   SECTION 1.   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, 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 physician, exclusively to residents of
the facility for the purpose of assisting in detoxification and
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. 3.   SEC. 2.   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.
   SEC. 3.    Section 11834.04 is added to the 
 Health and Safety Code  , to read:  
   11834.04.  (a) In implementing subdivision (e) of Section
11834.02, all of the following shall apply:
   (1) The department shall impose a licensure and certification fee
pursuant to Section 11833.02 on a facility providing medical services
pursuant to subdivision (e) of Section 11834.02. Notwithstanding
Section 11833.02, for the first year of implementation, the fee shall
be not more than fifty dollars ($50) per client based on the number
of clients the facility served the prior year.
   (2) (A) Notwithstanding the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code), the department shall, on or before June
30, 2012, implement this section and subdivision (e) of Section
11834.02 by all-facility letters or similar instructions. Thereafter,
the department shall adopt emergency regulations implementing this
section on or before December 31, 2012, by adopting the specific
accreditation standards established by the Joint Commission on
Accreditation of Healthcare Organizations (JCAHO) and the Commission
on Accreditation of Rehabilitation Facilities (CARF), and any
additional accrediting organizations that the department may choose
to rely upon. The department may readopt any emergency regulation
authorized by this section.
   (3) The initial adoption of emergency regulations and readoption
of emergency regulations authorized by this subdivision shall be
deemed an emergency and necessary for the immediate preservation of
the public peace, health, safety, or general welfare. Initial
emergency regulations and the one readoption of emergency regulations
authorized by this section shall be exempt from review and approval
by the Office of Administrative Law. The initial emergency
regulations and 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 each shall remain in
effect for no more than 180 days, by which time final regulations may
be adopted.
   (b) 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.