| 1 | 1 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2233Introduced by Assembly Member Quirk-SilvaFebruary 13, 2020 An act to amend Section 11834.09 of the Health and Safety Code, relating to substance abuse treatment facilities. LEGISLATIVE COUNSEL'S DIGESTAB 2233, as introduced, Quirk-Silva. Alcoholism or drug abuse recovery or treatment facilities.Existing law requires the State Department of Health Care Services to license adult alcoholism or drug abuse recovery or treatment facilities, as defined. Existing law authorizes the department to issue a provisional one-year license that the department may revoke for good cause, and prohibits a provisional licensee from reapplying for an initial license for 5 years following a revocation of a provisional license. Existing law requires the department, on or before July 1, 2022, to promulgate regulations to implement these provisions, and authorizes the department to implement these provisions by means of provider bulletins, written guidelines, or similar instructions, until regulations are adopted.This bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 11834.09 of the Health and Safety Code is amended to read:11834.09. (a) The department may issue a single license to operate an alcoholism or drug abuse recovery or treatment facility upon receipt of a completed written application, fire clearance, and licensing fee subject to the departments review and determination that the applicant can comply with this chapter and regulations adopted pursuant to this chapter.(b) Failure to submit a completed written application, fire clearance, and payment of the required licensing fee in a timely manner shall result in termination of the departments licensure review and shall require submission of a new application by the applicant.(c) Failure of the applicant to demonstrate the ability to comply with this chapter or the regulations adopted pursuant to this chapter shall result in departmental denial of the application for licensure.(d)Initial licenses for new facilities(d) (1) An initial license for a new alcoholism or drug abuse recovery or treatment facility shall be provisional for one year. During the term of the provisional license, the department may revoke the license for good cause. For the purposes of this section, good cause means failure to operate in compliance with this chapter or the regulations adopted pursuant to this chapter. A(2) A licensee may not reapply for an initial license for five years following a revocation of a provisional license.(e) (1) On or before July 1, 2022, the department shall adopt regulations to implement this section in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(f)(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act, the department may implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions, until regulations are adopted. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2233Introduced by Assembly Member Quirk-SilvaFebruary 13, 2020 An act to amend Section 11834.09 of the Health and Safety Code, relating to substance abuse treatment facilities. LEGISLATIVE COUNSEL'S DIGESTAB 2233, as introduced, Quirk-Silva. Alcoholism or drug abuse recovery or treatment facilities.Existing law requires the State Department of Health Care Services to license adult alcoholism or drug abuse recovery or treatment facilities, as defined. Existing law authorizes the department to issue a provisional one-year license that the department may revoke for good cause, and prohibits a provisional licensee from reapplying for an initial license for 5 years following a revocation of a provisional license. Existing law requires the department, on or before July 1, 2022, to promulgate regulations to implement these provisions, and authorizes the department to implement these provisions by means of provider bulletins, written guidelines, or similar instructions, until regulations are adopted.This bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 2233 |
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| 15 | 15 | | Introduced by Assembly Member Quirk-SilvaFebruary 13, 2020 |
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| 17 | 17 | | Introduced by Assembly Member Quirk-Silva |
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| 18 | 18 | | February 13, 2020 |
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| 20 | 20 | | An act to amend Section 11834.09 of the Health and Safety Code, relating to substance abuse treatment facilities. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | AB 2233, as introduced, Quirk-Silva. Alcoholism or drug abuse recovery or treatment facilities. |
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| 28 | 28 | | Existing law requires the State Department of Health Care Services to license adult alcoholism or drug abuse recovery or treatment facilities, as defined. Existing law authorizes the department to issue a provisional one-year license that the department may revoke for good cause, and prohibits a provisional licensee from reapplying for an initial license for 5 years following a revocation of a provisional license. Existing law requires the department, on or before July 1, 2022, to promulgate regulations to implement these provisions, and authorizes the department to implement these provisions by means of provider bulletins, written guidelines, or similar instructions, until regulations are adopted.This bill would make technical, nonsubstantive changes to these provisions. |
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| 30 | 30 | | Existing law requires the State Department of Health Care Services to license adult alcoholism or drug abuse recovery or treatment facilities, as defined. Existing law authorizes the department to issue a provisional one-year license that the department may revoke for good cause, and prohibits a provisional licensee from reapplying for an initial license for 5 years following a revocation of a provisional license. Existing law requires the department, on or before July 1, 2022, to promulgate regulations to implement these provisions, and authorizes the department to implement these provisions by means of provider bulletins, written guidelines, or similar instructions, until regulations are adopted. |
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| 32 | 32 | | This bill would make technical, nonsubstantive changes to these provisions. |
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| 33 | 33 | | |
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| 34 | 34 | | ## Digest Key |
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| 36 | 36 | | ## Bill Text |
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| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Section 11834.09 of the Health and Safety Code is amended to read:11834.09. (a) The department may issue a single license to operate an alcoholism or drug abuse recovery or treatment facility upon receipt of a completed written application, fire clearance, and licensing fee subject to the departments review and determination that the applicant can comply with this chapter and regulations adopted pursuant to this chapter.(b) Failure to submit a completed written application, fire clearance, and payment of the required licensing fee in a timely manner shall result in termination of the departments licensure review and shall require submission of a new application by the applicant.(c) Failure of the applicant to demonstrate the ability to comply with this chapter or the regulations adopted pursuant to this chapter shall result in departmental denial of the application for licensure.(d)Initial licenses for new facilities(d) (1) An initial license for a new alcoholism or drug abuse recovery or treatment facility shall be provisional for one year. During the term of the provisional license, the department may revoke the license for good cause. For the purposes of this section, good cause means failure to operate in compliance with this chapter or the regulations adopted pursuant to this chapter. A(2) A licensee may not reapply for an initial license for five years following a revocation of a provisional license.(e) (1) On or before July 1, 2022, the department shall adopt regulations to implement this section in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(f)(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act, the department may implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions, until regulations are adopted. |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 44 | 44 | | SECTION 1. Section 11834.09 of the Health and Safety Code is amended to read:11834.09. (a) The department may issue a single license to operate an alcoholism or drug abuse recovery or treatment facility upon receipt of a completed written application, fire clearance, and licensing fee subject to the departments review and determination that the applicant can comply with this chapter and regulations adopted pursuant to this chapter.(b) Failure to submit a completed written application, fire clearance, and payment of the required licensing fee in a timely manner shall result in termination of the departments licensure review and shall require submission of a new application by the applicant.(c) Failure of the applicant to demonstrate the ability to comply with this chapter or the regulations adopted pursuant to this chapter shall result in departmental denial of the application for licensure.(d)Initial licenses for new facilities(d) (1) An initial license for a new alcoholism or drug abuse recovery or treatment facility shall be provisional for one year. During the term of the provisional license, the department may revoke the license for good cause. For the purposes of this section, good cause means failure to operate in compliance with this chapter or the regulations adopted pursuant to this chapter. A(2) A licensee may not reapply for an initial license for five years following a revocation of a provisional license.(e) (1) On or before July 1, 2022, the department shall adopt regulations to implement this section in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(f)(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act, the department may implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions, until regulations are adopted. |
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| 46 | 46 | | SECTION 1. Section 11834.09 of the Health and Safety Code is amended to read: |
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| 48 | 48 | | ### SECTION 1. |
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| 50 | 50 | | 11834.09. (a) The department may issue a single license to operate an alcoholism or drug abuse recovery or treatment facility upon receipt of a completed written application, fire clearance, and licensing fee subject to the departments review and determination that the applicant can comply with this chapter and regulations adopted pursuant to this chapter.(b) Failure to submit a completed written application, fire clearance, and payment of the required licensing fee in a timely manner shall result in termination of the departments licensure review and shall require submission of a new application by the applicant.(c) Failure of the applicant to demonstrate the ability to comply with this chapter or the regulations adopted pursuant to this chapter shall result in departmental denial of the application for licensure.(d)Initial licenses for new facilities(d) (1) An initial license for a new alcoholism or drug abuse recovery or treatment facility shall be provisional for one year. During the term of the provisional license, the department may revoke the license for good cause. For the purposes of this section, good cause means failure to operate in compliance with this chapter or the regulations adopted pursuant to this chapter. A(2) A licensee may not reapply for an initial license for five years following a revocation of a provisional license.(e) (1) On or before July 1, 2022, the department shall adopt regulations to implement this section in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(f)(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act, the department may implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions, until regulations are adopted. |
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| 52 | 52 | | 11834.09. (a) The department may issue a single license to operate an alcoholism or drug abuse recovery or treatment facility upon receipt of a completed written application, fire clearance, and licensing fee subject to the departments review and determination that the applicant can comply with this chapter and regulations adopted pursuant to this chapter.(b) Failure to submit a completed written application, fire clearance, and payment of the required licensing fee in a timely manner shall result in termination of the departments licensure review and shall require submission of a new application by the applicant.(c) Failure of the applicant to demonstrate the ability to comply with this chapter or the regulations adopted pursuant to this chapter shall result in departmental denial of the application for licensure.(d)Initial licenses for new facilities(d) (1) An initial license for a new alcoholism or drug abuse recovery or treatment facility shall be provisional for one year. During the term of the provisional license, the department may revoke the license for good cause. For the purposes of this section, good cause means failure to operate in compliance with this chapter or the regulations adopted pursuant to this chapter. A(2) A licensee may not reapply for an initial license for five years following a revocation of a provisional license.(e) (1) On or before July 1, 2022, the department shall adopt regulations to implement this section in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(f)(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act, the department may implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions, until regulations are adopted. |
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| 54 | 54 | | 11834.09. (a) The department may issue a single license to operate an alcoholism or drug abuse recovery or treatment facility upon receipt of a completed written application, fire clearance, and licensing fee subject to the departments review and determination that the applicant can comply with this chapter and regulations adopted pursuant to this chapter.(b) Failure to submit a completed written application, fire clearance, and payment of the required licensing fee in a timely manner shall result in termination of the departments licensure review and shall require submission of a new application by the applicant.(c) Failure of the applicant to demonstrate the ability to comply with this chapter or the regulations adopted pursuant to this chapter shall result in departmental denial of the application for licensure.(d)Initial licenses for new facilities(d) (1) An initial license for a new alcoholism or drug abuse recovery or treatment facility shall be provisional for one year. During the term of the provisional license, the department may revoke the license for good cause. For the purposes of this section, good cause means failure to operate in compliance with this chapter or the regulations adopted pursuant to this chapter. A(2) A licensee may not reapply for an initial license for five years following a revocation of a provisional license.(e) (1) On or before July 1, 2022, the department shall adopt regulations to implement this section in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(f)(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act, the department may implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions, until regulations are adopted. |
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| 58 | 58 | | 11834.09. (a) The department may issue a single license to operate an alcoholism or drug abuse recovery or treatment facility upon receipt of a completed written application, fire clearance, and licensing fee subject to the departments review and determination that the applicant can comply with this chapter and regulations adopted pursuant to this chapter. |
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| 60 | 60 | | (b) Failure to submit a completed written application, fire clearance, and payment of the required licensing fee in a timely manner shall result in termination of the departments licensure review and shall require submission of a new application by the applicant. |
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| 62 | 62 | | (c) Failure of the applicant to demonstrate the ability to comply with this chapter or the regulations adopted pursuant to this chapter shall result in departmental denial of the application for licensure. |
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| 64 | 64 | | (d)Initial licenses for new facilities |
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| 68 | 68 | | (d) (1) An initial license for a new alcoholism or drug abuse recovery or treatment facility shall be provisional for one year. During the term of the provisional license, the department may revoke the license for good cause. For the purposes of this section, good cause means failure to operate in compliance with this chapter or the regulations adopted pursuant to this chapter. A |
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| 70 | 70 | | (2) A licensee may not reapply for an initial license for five years following a revocation of a provisional license. |
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| 72 | 72 | | (e) (1) On or before July 1, 2022, the department shall adopt regulations to implement this section in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). |
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| 74 | 74 | | (f) |
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| 78 | 78 | | (2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act, the department may implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions, until regulations are adopted. |
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