Amended  IN  Senate  April 19, 2018
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. for an alcoholism or drug abuse recovery or treatment 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. provide that a past criminal conviction or pending criminal charge does not serve as an automatic exclusion for licensure and would require the department to evaluate the circumstances of the conviction or pending charge and determine if the applicant meets all other requirements for licensure. The bill would authorize the department, after conducting this review, to grant a license if the department determines that the applicant is capable of complying with all statutes and regulations regarding licensure and that granting the license will not endanger the public health, safety, or welfare. The bill would generally prohibit the department from issuing a license to a person an applicant 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. but would authorize the department to grant a waiver for an applicant after evaluating the circumstances leading to his or her conviction or loss of a medical license and evaluating the applicant’s behavior and circumstances after the conviction or loss of a medical license, 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, license for an alcoholism or drug abuse recovery or treatment facility, 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. The applicant shall submit a set of fingerprints to the department at a date determined by, and in a manner determined by, the department.

(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)

(b) (1) An applicant, manager, consultant, or employee applicant 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). (2). A past criminal conviction or pending criminal charge shall not serve as an automatic exclusion for licensure. The department shall evaluate the circumstances leading to a criminal conviction or pending criminal charge and determine if the applicant meets all other requirements in determining approval or denial of the application for licensure.

(3)

(2) 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 license if the department determines all both 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)

(A) The applicant, manager, consultant, or employee applicant is capable of performing his or her duties in a competent and professional manner. complying with all statutes and regulations regarding licensure for an alcoholism or drug abuse recovery or treatment facility.

(C)

(B) Granting the waiver license 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)

(1) A person who has voluntarily surrendered his or her medical license, or who has had his or her medical 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)

(2) 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)

(3) 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)

(4) 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.

(d) The department may grant a waiver for an applicant described in subdivision (c) after evaluating the circumstances leading to his or her conviction or loss of a medical license and evaluating the applicant’s behavior and circumstances after the conviction or loss of a medical license.
(e) When determining whether or not to grant a waiver pursuant to subdivision (d), the department shall take all of the following factors into consideration as evidence of good character and rehabilitation:
(1) The nature and seriousness of the conduct or offense referred to in subdivision (c) and its relationship to licensure duties and responsibilities.
(2) The applicant’s activities after the conduct or offense referred to in subdivision (c), including employment or participation in therapy or education, that would indicate changed behavior.
(3) The period of time that has elapsed since the conduct or commission of the offense referred to in subdivision (c) and the number of offenses.
(4) The extent to which the applicant has complied with any terms of parole, probation, restitution, or any other sanction lawfully imposed against him or her.
(5) Any rehabilitation evidence, including character references, submitted by the applicant.
(6) The applicant’s employment history and any recommendations from his or her current employer.
(7) Circumstances surrounding the conduct or commission of the offense referred to in subdivision (c) that would demonstrate the unlikelihood of repetition.
(8) An order from a superior court pursuant to Section 1203.4, 1203.4a, or 1203.41 of the Penal Code.
(9) The grant of a full and unconditional pardon by the Governor.
(10) A certificate of rehabilitation from a superior court.

(e)

(f) 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.