Amended  IN  Senate  April 09, 2018
Amended  IN  Senate  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 902

Introduced by Senator Bates

January 16, 2018

An act to add Section 11834.05 to the Health and Safety Code, relating to substance abuse.


LEGISLATIVE COUNSEL'S DIGEST


SB 902, as amended, Bates. Alcoholism or drug abuse recovery or treatment facilities.
Existing law provides for the licensing and regulation of alcoholism or drug abuse recovery or treatment facilities, as defined, by the State Department of Health Care Services.
This bill would require the department to conduct a state and federal level criminal history background check for the applicant before issuing a license and, subsequent to initial licensure, for any manager, consultant, or employee of a facility before his or her employment, residence, or initial presence in the facility. The bill would require the department to deny an application for licensure, or suspend or revoke a license, of an applicant, and would require the facility to refuse or terminate the employment, residence, or presence of a manager, consultant, or employee of the facility, if the department determines that the applicant, manager, consultant, or employee has a criminal conviction or criminal charge pending for an alcohol- or drug-related offense and does not grant a waiver, as specified. The bill would require an applicant, manager, consultant, or employee to notify the department of any subsequent arrests or convictions after obtaining a criminal history background check clearance or a waiver thereof. The bill would prohibit the department from issuing a license to a person who has been convicted of specified offenses or who has voluntarily surrendered his or her medical license, or had his or her medical license revoked, 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.

 Section 11834.05 is added to the Health and Safety Code, to read:

11834.05.
 (a) Before issuing a license, the department shall conduct a state and federal level criminal history background check for the applicant. Subsequent to initial licensure, the department shall also conduct a state and federal level criminal history background check for any manager, consultant, or employee of a facility before his or her employment, residence, or initial presence in the facility.
(b) (1) (A) The department shall deny an application for licensure, or suspend or revoke a license issued under this chapter, if the department determines that an applicant has a criminal conviction or criminal charge pending for an alcohol- or drug-related offense and does not grant a waiver pursuant to paragraph (3).
(B) The facility shall refuse or terminate the employment, residence, or presence of a manager, consultant, or employee of the facility if the department determines that the manager, consultant, or employee has a criminal conviction or criminal charge pending for an alcohol- or drug-related offense and does not grant a waiver pursuant to paragraph (3).
(2) An applicant, manager, consultant, or employee who has a criminal conviction or pending criminal charge shall request the appropriate entities to provide documentation regarding the conviction or charge directly to the department with sufficient specificity to enable the department to make the waiver determination specified in paragraph (3).
(3) After a review of the documentation regarding the criminal conviction or pending criminal charge, the department may grant a waiver of the requirements of this section if the department determines all of the following:
(A) (i) For a felony conviction, more than five years has elapsed since the date of the conviction. At the time the department conducts the criminal history background check, the applicant, manager, consultant, or employee is not incarcerated, on work release, on probation, on parole, on post-release community supervision, or serving any part of a suspended sentence, and he or she is in substantial compliance with all court orders pertaining to fines, restitution, or community service.
(ii) For a misdemeanor conviction, at the time the department conducts the criminal history background check, the applicant, manager, consultant, or employee is not incarcerated, on work release, on probation, on parole, on post-release community supervision, or serving any part of a suspended sentence, and he or she is in substantial compliance with all court orders pertaining to fines, restitution, or community service.
(B) The applicant, manager, consultant, or employee is capable of performing his or her duties in a competent and professional manner.
(C) Granting the waiver will not endanger the public health, safety, or welfare.
(c) The following persons shall not be issued a license pursuant to this chapter:
(1) A person who has been convicted of an offense specified in Section 11351, 11352, or 11355.
(2) A person who has been convicted of an offense specified in Section 11350 in the previous two years or who is currently participating in a court-ordered substance abuse treatment program.
(3) A person who has voluntarily surrendered his or her medical license, or who has had his or her medical licensed license revoked, pursuant to the Medical Practice Act (Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code) or the Nursing Practice Act (Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code).
(4) A person who has been convicted of an offense specified in Section 14014, 14107, or 14107.2 of the Welfare and Institutions Code, or paragraph (5), (6), or (7) of subdivision (a) of Section 550 of the Penal Code.
(5) A person who has been convicted of an offense specified in Section 220, 243.4, or 264.1, subdivision (a) of Section 273a, or prior to January 1, 1994, paragraph (1) of Section 273a, Section 273ab, 273d, 288, or 289, subdivision (c) of Section 290, or Section 368, of the Penal Code, or was convicted of another crime against an individual specified in subdivision (c) of Section 667.5 of the Penal Code.
(6) A person who has been convicted of a felony offense specified in Section 729 of the Business and Professions Code, or Section 206 or 215, subdivision (a) of Section 347, subdivision (b) of Section 417, or subdivision (a) or (b) of Section 451, of the Penal Code.
(d) Except as provided in subdivision (c), a past criminal conviction shall not serve as an automatic exclusion for licensure. The department shall evaluate the circumstances leading to a criminal conviction and determine if the applicant meets all other requirements in determining approval or denial of the application for licensure.
(e) If the department denies an application for licensure on the basis of a criminal history background check conducted pursuant to this section, the applicant may appeal the department’s decision, the proceedings for which shall be as specified in Section 11834.37.
(f) An applicant, manager, consultant, or employee shall notify the department of any subsequent arrests or convictions after obtaining a criminal history background check clearance or a waiver thereof.