HomeMy WebLinkAbout2017-04-25 - AGENDA REPORTS - STATE LEGISLATION SB 34 (2)Agenda Item: 3
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: fill
DATE: April 25, 2017
SUBJECT: STATE LEGISLATION: SENATE BILL 34
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council adopt the Legislative Committee's recommendation to support Senate Bill 34
(Bates) and transmit position statements to Senator Bates, Santa Clarita's state legislative
delegation, appropriate legislative committees, Governor Brown, and the League of California
Cities.
BACKGROUND
Authored by Senator Pat Bates (R-Laguna Niguel), Senate Bill 34 proposes to authorize a city or
county to request denial of an alcoholism or drug abuse recovery or treatment facility application
on the basis of over concentration of residential facilities. This bill also adds new services that
define a licensee facility; including physical and mental health therapy, nutrition planning, and
therapeutic activities.
Specifically, this bill:
1. Authorizes a city or county to request denial of an alcoholism or drug abuse recovery or
treatment facility application to the Department of Health Care Services on the basis of
over concentration of residential facilities. This bill defines "over concentration" as a
new facility requesting to be located 300 feet or less from an existing alcoholism or drug
abuse recovery or treatment facility in a residential zone.
2. Authorizes the Department of Health Care Services to deny an application for a new
alcoholism or drug abuse recovery or treatment facility, if the proposed location is within
300 feet from an existing alcoholism or drug abuse recovery or treatment facility.
3. Defines recovery and treatment services to include but not limited to counseling, physical
therapy, and nutritional planning.
Page 1
Packet Pg. 15
O
4. Requires the Department of Health Care Services to notify, in writing, at least 45 days
prior to approving an application for a new facility, the planning agency of the city if the
facility is to be located in the city, or the planning agency of the county if the facility is to
be located in an unincorporated area of the proposed location of the new facility.
This bill would grant local agencies the ability to request denial of an alcoholism or drug abuse
recovery or treatment facility application to the Department of Health Care Services on the basis
of over concentration. The City of Santa Clarita's 2017 Legislative Platform (Legislative
Platform) includes components related to local authority on alcoholism and drug abuse recovery
or treatment facilities. Specifically, component 17 under the "State" section of the Legislative
Platform advises that the City Council, "Support legislation that provides local governments with
a role in regulating the location of state licensed alcohol or drug recovery facilities."
In addition to Senate Bill 34, the City Council is being asked to support Senate Bill 786
(Mendoza). Both bills are similar in most respects, however, Senate Bill 34 includes additional
treatment services that would apply to the 300 feet zoning rule included in each bill.
Specifically, Senate Bill 34 requires that new treatment facilities that provide counseling,
physical therapy, or nutritional planning services also be restricted from any location that is 300
feet or less from an existing recovery or treatment facility. Senate Bill 786 (Mendoza) only
applies to alcoholism or drug abuse recovery or treatment facilities.
Senate Bill 34 was double referred to the Senate Committee on Health and the Senate Committee
on Public Safety on March 23, 2017. As of the date of the writing of this report, a hearing was
scheduled in the Senate Committee on Health for April 19, 2017.
The City Council Legislative Committee met on April 11, 2017, and recommends that the City
Council adopt a "support" position for Senate Bill 34.
ALTERNATIVE ACTION
1. Adopt a "neutral" position on Senate Bill 34
2. Adopt an "oppose" position on Senate Bill 34
3. Take no action on Senate Bill 34
4. Refer Senate Bill 34 back to the Legislative Committee
5. Other action, as determined by the City Council
FISCAL IMPACT
The resources required to implement the recommended action are contained within the City's
adopted 2016/17 budget.
ATTACHMENTS
SB 34 - Residential Treatment Facilities
Page 2
Packet Pg. 16
3.a
AMENDED IN SENATE MARCH 16, 2017
SENATE BILL
Introduced by Senator Bates
December 5, 2016
No. 34
An act to amend Sections 1543, 11834.026, and 11834.26 of, and to
add Sections 11834.028 and 11834.33 to, the Health and Safety Code,
relating to .._.b,.`. nee abuse. residential facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 34, as amended, Bates. SubSce�se�.--Residential treatment
facilities.
Existing law, the California Community Care Facilities Act (the act),
provides for the licensing and regulation of community care facilities,
as defined, by the State Department of Social Services. A violation of
the act is a misdemeanor.
Existing law requires the district attorney of every county, and city
attorneys in those cities which have city attorneys who have jurisdiction
to prosecute misdemeanors pursuant to a specified law, to, upon their
own initiative or upon application by the state department or its
authorized representative, institute and conduct the prosecution of any
action for a violation that occurs within his or her county of the act.
This bill would make that requirement applicable to city attorneys in
every city. By imposing additional duties on local employees, the bill
would impose a state -mandated local program.
Existing law regulates alcoholism or drug abuse recovery or treatment
facilities to provide recovery, treatment, or detoxification services within
this state and makes the State Department of Health Care Services the
sole authority in state government to license those facilities. Existing
law authorizes these facilities to permit to be provided, under certain
98
Packet Pg. 17
SB 34
3.a
conditions, to a resident at the facility, incidental medical services, as
defined, and requires a licensee to provide at least one of specified
nonmedical services, such as recovery services or treatment services.
This bill would make a person who violates the laws governing the
licensing of these facilities guilty of a misdemeanor and subject to
punishment by a fine not to exceed $1,000, or by imprisonment in the
county jail for a period not to exceed 180 days, or by both that fine and
imprisonment. The bill would also require the district attorney of every
county and the city attorney of every city, upon their own initiative or
upon application by the state department or its authorized
representative, to institute and conduct the prosecution of an action for
a violation that occurs within their county or city. By creating new
crimes, and by imposing additional duties on local employees, the bill
would impose a state -mandated local program.
The bill would describe recovery and treatment services, for purposes
of the requirement that a licensee provide at least one of specified
nonmedical services, to include providing group or individual
counseling to a resident or controlling or managing a resident's
schedule, among other services. The bill would expand the definition
of incidental medical services to include testing or collecting for testing
a resident's blood, urine, or saliva and controlling, administering, or
monitoring a resident's medications.
The bill would authorize a city or county to request denial of a license
applied for on the basis of overconcentration of residential facilities.
The bill would require the department to notify, in writing, at least 45
days prior to approving an application for a new facility, the planning
agency of the city, if the facility is to be located in the city, or the
planning agency of the county, if the facility is to be located in an
unincorporated area, of the proposed location of the facility.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if
the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall be
made pursuant to the statutory provisions noted above.
98
Packet Pg. 18
—3—
SB 34
3.a
Existing law provides for the heensure and regulation of aleoholis
p
that would address residential environments Fo reeove
Vote: majority. Appropriation: no. Fiscal committee: eyes.
State -mandated local program: eyes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 1543 of the Health and Safety Code is
2 amended to read:
3 1543. Notwithstanding any other provision of this chapter, the
4 district attorney of every county, and the city se
5
6 misdemeanors pursttant to Seetion 72193 ofthe Govemment Code,
7 attorney in every city, shall, upon their own initiative or upon
8 application by the state department or its authorized representative,
9 institute and conduct the prosecution of
10 within his or her eounty of any provisions of this ehaptert. an action
11 for a violation of this chapter that occurs within their county or
12 city.
13 SEC. 2. Section 11834.026 of the Health and Safety Code is
14 amended to read:
15 11834.026. (a) As used in this section, "incidental medical
16 services" means services that are in compliance with the
17 community standard of practice and are not required to be
18 performed in a licensed clinic or licensed health facility, as defined
19 by Section 1200 or 1250, respectively, to address medical issues
20 associated with either detoxification from alcohol or drugs or the
21 provision of alcoholism or drug abuse recovery or treatment
22 services, including all of the following categories of services that
23 the department shall further define by regulation:
24 (1) Obtaining medical histories.
25 (2) Monitoring health status to determine whether the health
26 status warrants transfer of the patient in order to receive urgent or
27 emergent care.
28 (3) Testing associated with detoxification from alcohol or drugs.
9s
Packet Pg. 19
SB 34
—4—
3.a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
(4) Providing alcoholism or drug abuse recovery or treatment
services.
(5) Overseeing patient self-administered -_ edieatiot .
medications or otherwise controlling, administering, or monitoring
a resident's medications.
(6) Treating substance abuse disorders, including detoxification.
(7) Testing a resident's blood, urine, or saliva.
(8) Collecting a resident's blood, urine, or saliva sample for
testing.
(b) Incidental medical services do not include the provision of
general primary medical care.
(c) Notwithstanding any other law, a licensed alcoholism or
drug abuse recovery or treatment facility may permit incidental
medical services to be provided to a resident at the facility premises
by, or under the supervision of, one or more physicians and
surgeons licensed by the Medical Board of California or the
Osteopathic Medical Board who are knowledgeable about addiction
medicine, or one or more other health care practitioners acting
within the scope of practice of his or her license and under the
direction of a physician and surgeon, and who are also
knowledgeable about addiction medicine, if all of the following
conditions are met:
(1) The facility, in the judgment of the department, has the
ability to comply with the requirements of this chapter and all other
applicable laws and regulations to meet the needs of a resident
receiving incidental medical services pursuant to this chapter. The
department shall specify in regulations the minimum requirements
that a facility shall meet in order to be approved to permit the
provision of incidental medical services on its premises. The license
of a facility approved to permit the provision of incidental medical
services shall reflect that those services are permitted at the facility
premises.
(2) The physician and surgeon and any other health care
practitioner has signed an acknowledgment on a form provided
by the department that he or she has been advised of and
understands the statutory and regulatory limitations on the services
that may legally be provided at a licensed alcoholism or drug abuse
recovery or treatment facility and the statutory and regulatory
requirements and limitations for the physician and surgeon or other
health care practitioner and for the facility, related to providing
98
Packet Pg. 20
—5— SB 34
3.a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
incidental medical services. The licensee shall maintain a copy of
the signed form at the facility for a physician and surgeon or other
health care practitioner providing incidental medical services at
the facility premises.
(3) A physician and surgeon or other health care practitioner
shall assess a resident, prior to that resident receiving incidental
medical services, to determine whether it is medically appropriate
for that resident to receive these services at the premises of the
licensed facility. A copy of the form provided by the department
shall be signed by the physician and surgeon and maintained in
the resident's file at the facility.
(4) The resident has signed an admission agreement. The
admission agreement, at a minimum, shall describe the incidental
medical services that the facility may permit to be provided and
shall state that the permitted incidental medical services will be
provided by, or under the supervision of, a physician and surgeon.
The department shall specify in regulations, at a minimum, the
content and manner of providing the admission agreement, and
any other information that the department deems appropriate. The
facility shall maintain a copy of the signed admission agreement
in the resident's file.
(5) Once incidental medical services are initiated for a resident,
the physician and surgeon and facility shall monitor the resident
to ensure that the resident remains appropriate to receive those
services. If the physician and surgeon determines that a change in
the resident's medical condition requires other medical services
or that a higher level of care is required, the facility shall
immediately arrange for the other medical services or higher level
of care, as appropriate.
(6) The facility maintains in its files a copy of the relevant
professional license or other written evidence of licensure to
practice medicine or perform medical services in the state for the
physician and surgeon and any other health care practitioner
providing incidental medical services at the facility.
(d) The department is not required to evaluate or have any
responsibility or liability with respect to evaluating the incidental
medical services provided by a physician and surgeon or other
health care practitioner at a licensed facility. This section does not
limit the department's ability to report suspected misconduct by
98
Packet Pg. 21
SB 34
—6—
3.a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
a physician and surgeon or other health care practitioner to the
appropriate licensing entity or to law enforcement.
(e) A facility licensed and approved by the department to allow
provision of incidental medical services shall not by offering
approved incidental medical services be deemed a clinic or health
facility within the meaning of Section 1200 or 1250, respectively.
(f) Other than incidental medical services permitted to be
provided or any urgent or emergent care required in the case of a
life threatening emergency, this section does not authorize the
provision at the premises of the facility of any medical or health
care services or any other services that require a higher level of
care than the care that may be provided within a licensed
alcoholism or drug abuse recovery or treatment facility.
(g) This section does not require a residential treatment facility
licensed by the department to provide incidental medical services
or any services not otherwise permitted by law.
(h) (1) On or before July 1, 2018, 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).
(2) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act, the department may, if it deems
appropriate, implement, interpret, or make specific this section by
means of provider bulletins, written guidelines, or similar
instructions from the department until regulations are adopted.
SEC. 3. Section 11834.028 is added to the Health and Safety
Code, to read:
11834.028. (a) The Legislature hereby declares it to be the
policy of the state to prevent overconcentrations of facilities that
impair the integrity of residential neighborhoods. Therefore, the
department shall deny an application for a new facility license if
the department determines that the location is in a proximity to
an existing facility that would result in overconcentration.
(b) As used in this section, "overconcentration " means that if
a new license is issued, there will be facilities that are separated
by a distance of 300 feet or less, as measured from any point upon
the outside walls of the structures housing those facilities. Based
on special local needs and conditions, the department may approve
9s
Packet Pg. 22
— 7 — SB 34
3.a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
a separation distance of less than 300 feet with the approval of
the city or county in which the proposed facility will be located.
(c) At least 45 days prior to approving an application for a new
facility, the department shall notes, in writing, the planning agency
of the city, if the facility is to be located in the city, or the planning
agency of the county, if the facility is to be located in an
unincorporated area, of the proposed location of the facility.
(d) Any city or county may request denial of the license applied
for on the basis of overconcentration of residential facilities.
(e) This section does not authorize the department, on the basis
of overconcentration, to refuse to grant a license upon a change
of ownership of an existing facility when the location of the facility
does not change.
SEC. 4. 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) In the development of regulations implementing this section,
the written record requirements shall be modified or adapted for
social model programs.
(d) Examples of recovery and treatment services, for purposes
of subdivision (a), include, but are not limited to, the following:
98
Packet Pg. 23
SB 34
—8—
3.a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
(1) Providing group or individual counseling or physical,
psychological, psychiatric, occupational, recreational, or
mental -health therapy or treatment of any kind to a resident.
(2) Organizing or otherwise providing therapeutic activities for
residents.
(3) Providing recovery -education sessions to residents.
(4) Controlling a resident's physical access to food or drink.
(5) Providing meal or nutrition planning to a resident.
(6) Dictating or otherwise controlling a resident's dietary intake.
(7) Preparing or providing food to a resident as part of a
nutrition plan.
(8) Controlling or managing a resident's schedule.
(9) Organizing and providing transportation for a resident.
(10) Arranging for a resident's medical, dental, counseling, or
therapy appointment.
(11) Referring a resident to outside therapy or other
recovery -service provider
(12) Making recovery or treatment plans with or for a resident.
(13) Monitoring a resident's recovery or treatment.
(14) Establishing goals for a resident's recovery or treatment.
SEC. 5. Section 11834.33 is added to the Health and Safety
Code, to read:
11834.33. (a) A person who violates this chapter, or who
willfully or repeatedly violates any rule or regulation promulgated
under this chapter, is guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine not to exceed one thousand
dollars ($1, 000), or by imprisonment in the county jail for a period
not to exceed 180 days, or by both that fine and imprisonment.
(b) Notwithstanding any other provision of this chapter, the
district attorney of every county and the city attorney of every city
shall, upon their own initiative or upon application by the state
department or its authorized representative, institute and conduct
the prosecution of an action for a violation of this chapter that
occurs within their county or city.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 ofArticle MIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because, in that regard, this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the
9s
Packet Pg. 24
—9—
SB 34
3.a
1
2
3
4
5
6
7
8
9
10
11
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article WIIB of the California
Constitution.
However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.
legislation that would addfess residential etwifontnents Fof persons
31
98
Packet Pg. 25