California 2023 2023-2024 Regular Session

California Assembly Bill AB2081 Amended / Bill

Filed 04/04/2024

                    Amended IN  Assembly  April 04, 2024 Amended IN  Assembly  March 13, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2081Introduced by Assembly Member DaviesFebruary 05, 2024An act to add Section 11831.10 11831.5 to the Health and Safety Code, relating to substance abuse treatment.LEGISLATIVE COUNSEL'S DIGESTAB 2081, as amended, Davies. Substance abuse: recovery and treatment programs.Existing law grants the State 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 law requires licensees to report specified events and incidents to the department, including, among others, the death of a resident at a licensed facility. Existing law authorizes the department to investigate allegations of violations of governing law and take action upon a finding of a violation, as specified.This bill would require an operator of a licensed alcoholism or drug abuse recovery or treatment facility or certified alcohol or other drug program to include a disclosure on its internet website if a legal, disciplinary, or other enforcement action has been brought by the department and the facility or program was determined to be in violation. The bill would require the internet website disclosure to include the date and nature of the violation, and require the disclosure to be posted no later than 14 business days after the determination of violation. The bill would impose a $2,500 civil penalty for failure to comply with the internet website posting requirement. on its internet website and intake form paperwork a disclosure that an individual may check the internet website of the State Department of Health Care Services to confirm whether the facilitys license or programs certification has been placed in probationary status, been subject to a temporary suspension order, been revoked, or the operator has been given a notice of operation in violation of law. The bill would require the disclosure to include a link to the departments internet website that contains the Probationary Status, Temporary Suspension Order, Revoked and Notice of Operation in Violation of Law Program List. The bill would authorize a violation of this requirement to be subject to penalty imposed by the department.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 11831.5 is added to the Health and Safety Code, to read:11831.5. (a) An operator of a licensed alcoholism or drug abuse recovery or treatment facility, as defined in Section 11834.02, or a certified alcohol or other drug program shall include on its internet website and intake form paperwork a disclosure that an individual may check the internet website of the Department of Health Care Services to confirm whether the facilitys license or programs certification has been placed in probationary status, been subject to a temporary suspension order, been revoked, or the operator has been given a notice of operation in violation of law. The disclosure shall include a link to the departments internet website that contains the Probationary Status, Temporary Suspension Order, Revoked and Notice of Operation in Violation of Law Program List.(b) A violation of subdivision (a) shall be subject to penalty by the department pursuant to Section 11831.7.SECTION 1.Section 11831.10 is added to the Health and Safety Code, immediately following Section 11831.9, to read:11831.10.(a)An operator of a licensed alcoholism or drug abuse recovery or treatment facility, as defined in Section 11834.02, or a certified alcohol or other drug program shall include a disclosure on its internet website if a legal, disciplinary, or other enforcement action has been brought by the department and the facility or program has been determined through that action to be in violation of this chapter. The disclosure shall include the date of the violation and nature of the violation, and shall be posted within 14 business days following the determination of violation.(b)A violation of subdivision (a) shall be subject to a two-thousand-five-hundred-dollar ($2,500) civil penalty.

 Amended IN  Assembly  April 04, 2024 Amended IN  Assembly  March 13, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2081Introduced by Assembly Member DaviesFebruary 05, 2024An act to add Section 11831.10 11831.5 to the Health and Safety Code, relating to substance abuse treatment.LEGISLATIVE COUNSEL'S DIGESTAB 2081, as amended, Davies. Substance abuse: recovery and treatment programs.Existing law grants the State 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 law requires licensees to report specified events and incidents to the department, including, among others, the death of a resident at a licensed facility. Existing law authorizes the department to investigate allegations of violations of governing law and take action upon a finding of a violation, as specified.This bill would require an operator of a licensed alcoholism or drug abuse recovery or treatment facility or certified alcohol or other drug program to include a disclosure on its internet website if a legal, disciplinary, or other enforcement action has been brought by the department and the facility or program was determined to be in violation. The bill would require the internet website disclosure to include the date and nature of the violation, and require the disclosure to be posted no later than 14 business days after the determination of violation. The bill would impose a $2,500 civil penalty for failure to comply with the internet website posting requirement. on its internet website and intake form paperwork a disclosure that an individual may check the internet website of the State Department of Health Care Services to confirm whether the facilitys license or programs certification has been placed in probationary status, been subject to a temporary suspension order, been revoked, or the operator has been given a notice of operation in violation of law. The bill would require the disclosure to include a link to the departments internet website that contains the Probationary Status, Temporary Suspension Order, Revoked and Notice of Operation in Violation of Law Program List. The bill would authorize a violation of this requirement to be subject to penalty imposed by the department.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Assembly  April 04, 2024 Amended IN  Assembly  March 13, 2024

Amended IN  Assembly  April 04, 2024
Amended IN  Assembly  March 13, 2024

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 2081

Introduced by Assembly Member DaviesFebruary 05, 2024

Introduced by Assembly Member Davies
February 05, 2024

An act to add Section 11831.10 11831.5 to the Health and Safety Code, relating to substance abuse treatment.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2081, as amended, Davies. Substance abuse: recovery and treatment programs.

Existing law grants the State 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 law requires licensees to report specified events and incidents to the department, including, among others, the death of a resident at a licensed facility. Existing law authorizes the department to investigate allegations of violations of governing law and take action upon a finding of a violation, as specified.This bill would require an operator of a licensed alcoholism or drug abuse recovery or treatment facility or certified alcohol or other drug program to include a disclosure on its internet website if a legal, disciplinary, or other enforcement action has been brought by the department and the facility or program was determined to be in violation. The bill would require the internet website disclosure to include the date and nature of the violation, and require the disclosure to be posted no later than 14 business days after the determination of violation. The bill would impose a $2,500 civil penalty for failure to comply with the internet website posting requirement. on its internet website and intake form paperwork a disclosure that an individual may check the internet website of the State Department of Health Care Services to confirm whether the facilitys license or programs certification has been placed in probationary status, been subject to a temporary suspension order, been revoked, or the operator has been given a notice of operation in violation of law. The bill would require the disclosure to include a link to the departments internet website that contains the Probationary Status, Temporary Suspension Order, Revoked and Notice of Operation in Violation of Law Program List. The bill would authorize a violation of this requirement to be subject to penalty imposed by the department.

Existing law grants the State 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 law requires licensees to report specified events and incidents to the department, including, among others, the death of a resident at a licensed facility. Existing law authorizes the department to investigate allegations of violations of governing law and take action upon a finding of a violation, as specified.

This bill would require an operator of a licensed alcoholism or drug abuse recovery or treatment facility or certified alcohol or other drug program to include a disclosure on its internet website if a legal, disciplinary, or other enforcement action has been brought by the department and the facility or program was determined to be in violation. The bill would require the internet website disclosure to include the date and nature of the violation, and require the disclosure to be posted no later than 14 business days after the determination of violation. The bill would impose a $2,500 civil penalty for failure to comply with the internet website posting requirement. on its internet website and intake form paperwork a disclosure that an individual may check the internet website of the State Department of Health Care Services to confirm whether the facilitys license or programs certification has been placed in probationary status, been subject to a temporary suspension order, been revoked, or the operator has been given a notice of operation in violation of law. The bill would require the disclosure to include a link to the departments internet website that contains the Probationary Status, Temporary Suspension Order, Revoked and Notice of Operation in Violation of Law Program List. The bill would authorize a violation of this requirement to be subject to penalty imposed by the department.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 11831.5 is added to the Health and Safety Code, to read:11831.5. (a) An operator of a licensed alcoholism or drug abuse recovery or treatment facility, as defined in Section 11834.02, or a certified alcohol or other drug program shall include on its internet website and intake form paperwork a disclosure that an individual may check the internet website of the Department of Health Care Services to confirm whether the facilitys license or programs certification has been placed in probationary status, been subject to a temporary suspension order, been revoked, or the operator has been given a notice of operation in violation of law. The disclosure shall include a link to the departments internet website that contains the Probationary Status, Temporary Suspension Order, Revoked and Notice of Operation in Violation of Law Program List.(b) A violation of subdivision (a) shall be subject to penalty by the department pursuant to Section 11831.7.SECTION 1.Section 11831.10 is added to the Health and Safety Code, immediately following Section 11831.9, to read:11831.10.(a)An operator of a licensed alcoholism or drug abuse recovery or treatment facility, as defined in Section 11834.02, or a certified alcohol or other drug program shall include a disclosure on its internet website if a legal, disciplinary, or other enforcement action has been brought by the department and the facility or program has been determined through that action to be in violation of this chapter. The disclosure shall include the date of the violation and nature of the violation, and shall be posted within 14 business days following the determination of violation.(b)A violation of subdivision (a) shall be subject to a two-thousand-five-hundred-dollar ($2,500) civil penalty.

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

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

SECTION 1. Section 11831.5 is added to the Health and Safety Code, to read:11831.5. (a) An operator of a licensed alcoholism or drug abuse recovery or treatment facility, as defined in Section 11834.02, or a certified alcohol or other drug program shall include on its internet website and intake form paperwork a disclosure that an individual may check the internet website of the Department of Health Care Services to confirm whether the facilitys license or programs certification has been placed in probationary status, been subject to a temporary suspension order, been revoked, or the operator has been given a notice of operation in violation of law. The disclosure shall include a link to the departments internet website that contains the Probationary Status, Temporary Suspension Order, Revoked and Notice of Operation in Violation of Law Program List.(b) A violation of subdivision (a) shall be subject to penalty by the department pursuant to Section 11831.7.

SECTION 1. Section 11831.5 is added to the Health and Safety Code, to read:

### SECTION 1.

11831.5. (a) An operator of a licensed alcoholism or drug abuse recovery or treatment facility, as defined in Section 11834.02, or a certified alcohol or other drug program shall include on its internet website and intake form paperwork a disclosure that an individual may check the internet website of the Department of Health Care Services to confirm whether the facilitys license or programs certification has been placed in probationary status, been subject to a temporary suspension order, been revoked, or the operator has been given a notice of operation in violation of law. The disclosure shall include a link to the departments internet website that contains the Probationary Status, Temporary Suspension Order, Revoked and Notice of Operation in Violation of Law Program List.(b) A violation of subdivision (a) shall be subject to penalty by the department pursuant to Section 11831.7.

11831.5. (a) An operator of a licensed alcoholism or drug abuse recovery or treatment facility, as defined in Section 11834.02, or a certified alcohol or other drug program shall include on its internet website and intake form paperwork a disclosure that an individual may check the internet website of the Department of Health Care Services to confirm whether the facilitys license or programs certification has been placed in probationary status, been subject to a temporary suspension order, been revoked, or the operator has been given a notice of operation in violation of law. The disclosure shall include a link to the departments internet website that contains the Probationary Status, Temporary Suspension Order, Revoked and Notice of Operation in Violation of Law Program List.(b) A violation of subdivision (a) shall be subject to penalty by the department pursuant to Section 11831.7.

11831.5. (a) An operator of a licensed alcoholism or drug abuse recovery or treatment facility, as defined in Section 11834.02, or a certified alcohol or other drug program shall include on its internet website and intake form paperwork a disclosure that an individual may check the internet website of the Department of Health Care Services to confirm whether the facilitys license or programs certification has been placed in probationary status, been subject to a temporary suspension order, been revoked, or the operator has been given a notice of operation in violation of law. The disclosure shall include a link to the departments internet website that contains the Probationary Status, Temporary Suspension Order, Revoked and Notice of Operation in Violation of Law Program List.(b) A violation of subdivision (a) shall be subject to penalty by the department pursuant to Section 11831.7.



11831.5. (a) An operator of a licensed alcoholism or drug abuse recovery or treatment facility, as defined in Section 11834.02, or a certified alcohol or other drug program shall include on its internet website and intake form paperwork a disclosure that an individual may check the internet website of the Department of Health Care Services to confirm whether the facilitys license or programs certification has been placed in probationary status, been subject to a temporary suspension order, been revoked, or the operator has been given a notice of operation in violation of law. The disclosure shall include a link to the departments internet website that contains the Probationary Status, Temporary Suspension Order, Revoked and Notice of Operation in Violation of Law Program List.

(b) A violation of subdivision (a) shall be subject to penalty by the department pursuant to Section 11831.7.





(a)An operator of a licensed alcoholism or drug abuse recovery or treatment facility, as defined in Section 11834.02, or a certified alcohol or other drug program shall include a disclosure on its internet website if a legal, disciplinary, or other enforcement action has been brought by the department and the facility or program has been determined through that action to be in violation of this chapter. The disclosure shall include the date of the violation and nature of the violation, and shall be posted within 14 business days following the determination of violation.



(b)A violation of subdivision (a) shall be subject to a two-thousand-five-hundred-dollar ($2,500) civil penalty.