Bill Text: CA SB992 | 2017-2018 | Regular Session | Amended

California Senate Bill 992 (Prior Session Legislation)

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

Bill Title: Alcoholism or drug abuse recovery or treatment facilities.

Sponsorship: Bipartisan Bill

Status: (Passed) 2018-09-26 - Chaptered by Secretary of State. Chapter 784, Statutes of 2018. [SB992 Detail]

Download: California-2017-SB992-Amended.html

Amended IN Senate March 14, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 992

Introduced by Senator Hernandez

February 05, 2018

An act to amend Section 11834.26 of of, and to add Chapter 7.4 (commencing with Section 11833.05) and Chapter 7.6 (commencing with 11834.6) to Part 2 of Division 10.5 of, the Health and Safety Code, relating to alcohol and drug programs.

LEGISLATIVE COUNSEL'S DIGEST

SB 992, as amended, Hernandez. Alcoholism or drug abuse recovery or treatment facilities.

Existing law provides for the licensure and regulation of adult alcoholism or drug abuse recovery or treatment facilities by the State Department of Health Care Services. Existing law requires licensees to provide specified nonmedical services, including recovery, treatment, or detoxification, and requires the department to adopt regulations requiring records and procedures that are appropriate for those services, including discharge and continuing care planning. Existing law authorizes the department to certify alcoholism or drug abuse recovery or treatment programs, to, among other things, identify programs that exceed minimal levels of service quality.

This bill would require all programs licensed or certified by the department through the provisions above to disclose specified information to the department, including, among other things, ownership of an unlicensed alcohol and drug free residence, as defined. The bill would require a licensee to develop a plan to address when a resident relapses that would ~~include~~ include, among other things, discharge and continuing care planning, as specified. The bill would require the department to adopt regulations to implement that provision no later than January 1, 2021, and would authorize the use of bulletin or all-county or all-provider letters, until those regulations are adopted.

The bill would additionally require the department to, by July 1, 2020, develop a program to allow an unlicensed alcohol and drug free residence, as defined, to voluntarily register with the department. The voluntary registration program established by the bill would require the residence to meet specified requirements and would require the department to post a list of the registered residences on its Internet Web Site. The bill would require the department to establish a registration fee and recover the costs of investigating compliance with the conditions of the program, as specified.

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

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

SECTION 1.

Chapter 7.4 (commencing with Section 11833.05) is added to Part 2 of Division 10.5 of the Health and Safety Code, to read:

CHAPTER 7.4. Licensing and Certification Program Disclosures
11833.05.
(a) All programs certified by the department pursuant to Chapter 7 (commencing with Section 11830) or licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) shall disclose to the department the following information:
(1) Ownership or control of, or financial interest in, an unlicensed alcohol and drug free residence.
(2) Any contractual relationship with an entity that regularly provides professional services to clients of programs licensed or certified by the department, if the entity is not part of the program licensed or certified by the department.
(b) All programs licensed or certified by the department shall make the disclosures pursuant to subdivision (a) upon initial licensure or certification, upon renewal of licensure or certification, and upon a licensed or certified program acquiring or starting a relationship that meets paragraph (1) or (2) of subdivision (a).
(c) For the purposes of this section, “unlicensed alcohol and drug free residence” means a residential dwelling that provides primary housing for individuals who seek a cooperative living arrangement that supports personal recovery from a substance use disorder and that does not require licensure by the department or does not provide licensable services, pursuant to Chapter 7.5 (commencing with Section 11834.01). An unlicensed alcohol and drug free residence may include, but is not limited to, residential dwellings commonly referred to as “recovery residences,” “sober living homes,” “sober living environments,” or “drug and alcohol rehab facilities.”

SECTION 1.SEC. 2.

Section 11834.26 of the Health and Safety Code is amended to read:

11834.26.

(a) The licensee shall provide at least one of the following nonmedical services:

(1) Recovery services.

(2) Treatment services.

(3) Detoxification services.

(b) The department shall adopt regulations requiring records and procedures that are appropriate for each of the services specified in subdivision (a). The records and procedures may include all of the following:

(1) Admission criteria.

(2) Intake process.

(3) Assessments.

(4) Recovery, treatment, or detoxification planning.

(5) Referral.

(6) Documentation of provision of recovery, treatment, or detoxification services.

(7) Discharge and continuing care planning.

(8) Indicators of recovery, treatment, or detoxification outcomes.

(c) A licensee shall develop a plan to address when a resident relapses, including when a resident is on the licensed premises after consuming alcohol or using illicit drugs. The plan shall include details of how the treatment stay and treatment plan of the resident will be adjusted to address the relapse episode and how the resident will be treated and supervised while under the influence of alcohol or illicit drugs, as well as discharge and continuing care planning, including when a licensee determines that a resident requires services beyond the capacity of the licensee. This subdivision does not require a licensee to discharge a resident.

(d) The department shall have the authority to implement subdivision (c) by bulletin or all-county or all-provider letter, after stakeholder input, until such time that regulations are promulgated. The department shall promulgate regulations to implement subdivision (c) no later than January 1, 2021.

(e) In the development of regulations implementing this section, the written record requirements shall be modified or adapted for social model programs.

SEC. 3.

Chapter 7.6 (commencing with Section 11834.6) is added to Part 2 of Division 10.5 of the Health and Safety Code, to read:

CHAPTER 7.6. Voluntary Registration of Unlicensed Alcohol and Drug Free Residences
11834.6.
(a) The department shall, by July 1, 2020, develop a program, after consultation with county behavioral health directors, substance use disorder treatment providers, current operators of unlicensed alcohol and drug free residences, representatives from cities, counties, and cities and counties, and any other interested stakeholders, as determined by the department, to allow an unlicensed alcohol and drug free residence, as defined in subdivision (c) of Section 11833.05, to voluntarily register.
(b) In developing the voluntary registration program, the department shall require, at a minimum, all of the following for an unlicensed alcohol and drug free residence:
(1) All owners, managers, operators, and residents to observe and promote an environment and lifestyle that is abstinent of the consumption or possession of legal or illegal controlled substances, or legal medications that are being used in a manner not consistent with a valid prescription from a licensed health care professional.
(2) A signed statement declaring that the unlicensed alcohol and drug free residence does not provide services licensable pursuant to Chapter 7.5 (commencing with Section 11834.01).
(3) An agreement to abide by a good neighbor policy, as determined by the department, to address neighborhood concerns and complaints.
(4) A detailed plan of action in case a resident of the unlicensed alcohol and drug free residence relapses, including information for community resources and for the department’s Internet Web site for assistance in finding treatment services.
(5) Contact numbers provided to the department for the owners, operators, and managers of the unlicensed alcohol and drug free residence.
(6) The contact information of the department, including a complaint number, to be posted inside the unlicensed alcohol and drug free residence that is accessible to the residents.
(7) A statement posted inside the unlicensed alcohol and drug free residence, which is accessible to the residents, stating that the unlicensed alcohol and drug free residence is not authorized to provide treatment services or control personal medications of the residents that are prescribed to the residents by licensed health care professionals.
(c) (1) The department shall compile a list of voluntarily registered unlicensed alcohol and drug free residences and post the list on its Internet Web site. The department shall include, in a conspicuous location on the list and on its Internet Web site, a disclaimer for consumers stating that the list contains unlicensed alcohol and drug free residences that are not authorized by law to provide licensable services pursuant to Chapter 7.5 (commencing with Section 11834.01), but have voluntarily registered with the department as cooperative living arrangements that support personal recovery for the residents and have agreed to comply with the conditions in subdivision (b) of this section, and with any other conditions as determined by the department.
(2) The department may coordinate with county behavioral health directors and other public or private entities that register or certify unlicensed alcohol and drug free residences in compiling the list required in paragraph (1). The department shall distinguish alcohol and drug free residences that are registered with, certified by, or under contract with, a public or private entity that require additional oversight from those that register with the department pursuant to this chapter.
(d) (1) The department shall establish a registration fee, after consultation with the entities described in subdivision (a), for the purpose of supporting the department’s activities associated with the administration of the voluntary registration program for unlicensed alcohol and drug free residences. Any registration fees charged by the department shall be for the reasonable costs of the program and reflect the expenditures directly applicable to the administration of the voluntary registration program.
(2) The department may recover the costs of investigating any unlicensed alcohol and drug free residence that participates in the voluntary registration program, from the owner or operator, for the violation of any of the conditions in subdivision (b) and any other conditions established by the department.
(3) The Voluntary Registration of Unlicensed Alcohol and Drug Free Residences Fund is hereby established in the State Treasury. Fees and registration fees and investigation recovery costs collected by the department shall be deposited in the Voluntary Registration of Unlicensed Alcohol and Drug Free Residences Fund, and shall be available upon appropriation by the Legislature for the purposes of this section.
(e) The department shall develop a procedure for reporting an unlicensed alcohol and drug free residence that fails to meet the conditions in subdivision (b), or any other conditions established by the department, to the county behavioral health director of the county in which the residence is located, the local public health officer, local law enforcement, or any other entities the department determines is appropriate. The department shall additionally note on its Internet Web site when a voluntarily registered unlicensed alcohol and drug free residence has failed to meet the conditions in subdivision (b) and any other conditions established by the department.