California Assembly Bill AB2374 Amended / Bill

 BILL NUMBER: AB 2374AMENDED BILL TEXT AMENDED IN SENATE JULY 1, 2014 AMENDED IN ASSEMBLY MAY 6, 2014 AMENDED IN ASSEMBLY APRIL 8, 2014 INTRODUCED BY Assembly Member Mansoor FEBRUARY 21, 2014 An act to amend Section 11833 of, and to add Section 11830.01 to, the Health and Safety Code, relating to substance abuse treatment. LEGISLATIVE COUNSEL'S DIGEST AB 2374, as amended, Mansoor. Substance abuse: recovery and treatment services. (1) Existing law grants the Department of Health Care Services the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities. The department is authorized to issue a license to specified types of facilities if certain criteria are met. Existing regulations require licensees to report specified events and incidents to the department, including, among others, the death of a resident at a licensed facility. This bill would require the department to design its death investigation policy to ensure that the death of a resident of a licensed facility is  reported by the licensee and  addressed  and investigated  by the department in a timely manner. The bill would specify the content of telephonic and written reports of  events or incidents   resident deaths  occurring in a licensed facility that are required to be reported to the department. (2) Existing law grants the department 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 recovery and treatment programs licensed, certified, or funded under state law. The department, by regulation, requires that a person who will provide counseling services to those programs to register with, and be certified by, a nationally accredited certifying organization approved by the department. This bill would prohibit the department from approving  an   a certifying  organization for those purposes that does not, prior to registering or certifying  a counselor, consult with the available electronic databases of certain   an individual, contact  other  approved counselor   department-approved  certifying organizations to determine whether the  person   individual  has ever had his or her registration or certification  as a counselor  revoked. 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 11830.01 is added to the Health and Safety Code, to read: 11830.01. (a) The  department's  death investigation policy  of the department  shall be designed to ensure that a resident's death is  reported by the licensee and  addressed  and investigated  by the department in a timely manner. (b) The telephonic and written reports of  events or incidents   resident deaths  occurring in a licensed facility that are required to be reported to the department shall include, but not be limited to, a description of the event or incident, including the time, location, and nature of the event or incident, a list of immediate actions that were taken, including persons contacted, and a description of the followup action that is planned, including, but not limited to, steps taken to prevent a  recurrence of the event or incident   future death  . SEC. 2. 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 recovery and treatment programs licensed, certified, or funded under this part. (b)  The   Except for licensed professionals, as defined by the department, the    department shall require that a counselor working within a program described in subdivision (a) be registered with or certified by  an   a certifying  organization approved by the department to register and certify counselors. The department shall not approve  an   a certifying  organization that does not, prior to registering or certifying  a counselor,   an individual,   consult with the available electronic databases of the  contact  other department-approved  counselor registration and certification   certifying  organizations to determine whether the  person   individual  has ever had his or her registration or certification  as a counselor  revoked.