Bill Text: CA SB608 | 2017-2018 | Regular Session | Introduced

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

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Bill Title: Medi-Cal: Hospital Quality Assurance Revenue Fund: direct grants.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2017-09-01 - September 1 hearing: Held in committee and under submission. [SB608 Detail]

Download: California-2017-SB608-Introduced.html

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CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 608

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Introduced by Senator Hernandez

February 17, 2017

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An act to amend Sections 11839.21, 11839.23, 11839.25, 11839.27, 11839.28, 11839.29, 11839.30, 11839.31, 11839.32, 11839.33, and 11839.34 of the Health and Safety Code, relating to narcotic treatment programs.

LEGISLATIVE COUNSEL'S DIGEST

SB 608, as introduced, Hernandez. Narcotic treatment programs.

Under existing law, the State Department of Public Health licenses and regulates laboratories performing substance abuse testing for narcotic treatment programs. The State Public Health Officer may suspend, revoke, or take other disciplinary action against a licensee who, among other things, violates any of the regulations promulgated by the department.

This bill would make technical, nonsubstantive changes to those provisions by replacing obsolete statutory references to the former State Department of Health Services and State Director of Health Services with the State Department of Public Health and the State Public Health Officer, respectively.

Digest Key

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

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Bill Text

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

SECTION 1.

 Section 11839.21 of the Health and Safety Code is amended to read:

11839.21.

 The State Department of Public Health Services shall establish criteria for acceptable performance from those laboratories performing urinalysis or other body fluid analysis and shall not permit utilization of laboratories unable to meet an acceptable level of performance. The results of any performance evaluation of any laboratory shall immediately be made available to the local programs upon request. Nothing in this section shall prohibit body fluid analysis to be performed by a licensed narcotic treatment program upon approval of the State Department of Health Care Services.

SEC. 2.

 Section 11839.23 of the Health and Safety Code is amended to read:

11839.23.

 The State Department of Public Health Services shall adopt and publish rules and regulations to be used in approving and governing the operation of laboratories engaging in the performance of tests referred to in Section 11839.24, including, but not limited to, the qualifications of the laboratory employees who perform the tests, which qualifications and that the department determines are reasonably necessary to ensure the competence of the laboratories and employees to prepare, analyze, and report the results of the tests.

SEC. 3.

 Section 11839.25 of the Health and Safety Code is amended to read:

11839.25.

 Each laboratory in this state that performs the test referred to tests described in Section 11839.24 shall be licensed by the State Director of Public Health Services Officer. The laboratory, other than a laboratory operated by the state, county, city, city and county, or other public agency, or a clinical laboratory licensed pursuant to subdivision (f) of Section 1300 of the Business and Professions Code, shall, upon application for licensing, pay a fee to the State Department of Public Health Services in an amount to be determined by that department, which fee will reimburse the department for the costs incurred by the department in the issuance and renewal of the licenses. On or before July 1 of each year thereafter, the laboratory shall pay to the State Department of Public Health Services a fee, determined by the department, for the renewal of its license.

SEC. 4.

 Section 11839.27 of the Health and Safety Code is amended to read:

11839.27.

 The State Department of Public Health Services shall annually publish a list of approved and licensed laboratories engaging in the performance of tests referred to in Section 11839.24.

SEC. 5.

 Section 11839.28 of the Health and Safety Code is amended to read:

11839.28.

 Every laboratory that has been approved and for which a license has been issued shall be periodically inspected by a duly authorized representative of the State Department of Public Health Services. Reports of this inspection shall be prepared by the representative conducting it upon forms prepared and furnished by the State Department of Public Health Services and shall be filed with that department.

SEC. 6.

 Section 11839.29 of the Health and Safety Code is amended to read:

11839.29.

 Any A license issued pursuant to Section 11839.25 may be suspended or revoked by the State Director of Public Health Services Officer. The State Director of Public Health Services Officer may refuse to issue a license to any applicant. Any proceedings Proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the State Director of Public Health Services Officer shall have the powers and duties granted therein in that chapter.

SEC. 7.

 Section 11839.30 of the Health and Safety Code is amended to read:

11839.30.

 The State Director of Public Health Services Officer may deny a license if any of the following apply to the applicant, or any partner, officer, or director thereof:

(a) The person fails to meet the qualifications established by the State Department of Public Health Services pursuant to this chapter for the issuance of the license applied for.

(b) The person was previously the holder of a license issued under this chapter, which and that license has been revoked and never reissued or was suspended and the terms of the suspension have not been fulfilled.

(c) The person has committed any an act involving dishonesty, fraud, or deceit, whereby another was injured or whereby the applicant has benefited.

SEC. 8.

 Section 11839.31 of the Health and Safety Code is amended to read:

11839.31.

 The State Director of Public Health Services Officer may suspend, revoke, or take other disciplinary action against a licensee as provided in this chapter, if the licensee, or any a partner, officer, or director thereof, does any of the following:

(a) Violates any of the regulations promulgated by the State Department of Public Health Services pursuant to this article.

(b) Commits any an act of dishonesty, fraud or deceit, whereby by which another is injured or whereby by which the licensee benefited.

(c) Misrepresents any material fact in obtaining a license.

SEC. 9.

 Section 11839.32 of the Health and Safety Code is amended to read:

11839.32.

 The State Director of Public Health Services Officer may take disciplinary action against any licensee after a hearing as provided in this article by any of the following:

(a) Imposing probation upon terms and conditions to be set forth by the State Director of Public Health Services Officer.

(b) Suspending the license.

(c) Revoking the license.

SEC. 10.

 Section 11839.33 of the Health and Safety Code is amended to read:

11839.33.

 All accusations against licensees shall be filed within three years after the act or omission alleged as the ground for disciplinary action, except that with respect to an accusation alleging a violation of subdivision (c) of Section 11839.31, the accusation shall be filed within two years after the discovery by the State Department of Public Health Services of the alleged facts constituting the fraud or misrepresentation prohibited by that section.

SEC. 11.

 Section 11839.34 of the Health and Safety Code is amended to read:

11839.34.

 After suspension or revocation of the license upon any of the grounds set forth in this article, the license shall not be reinstated or reissued within a period of one year after the effective date of suspension or revocation. After one One year after the effective date of the suspension or revocation, the State Department of Public Health Services may reinstate the license upon proof of compliance by the applicant with all provisions of the decision as to reinstatement.