Bill Text: CA AB615 | 2019-2020 | Regular Session | Amended
Bill Title: Alcoholism or drug abuse recovery and treatment services: referrals.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB615 Detail]
Download: California-2019-AB615-Amended.html
Amended
IN
Assembly
March 13, 2019 |
Assembly Bill | No. 615 |
Introduced by Assembly Member Brough |
February 14, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 11831.8 is added to the Health and Safety Code, immediately following 11831.7, to read:11831.8.
A person who willfully violates Section 11831.6 or any rule or order implementing that section shall upon conviction be fined not more than ten thousand dollars ($10,000) or imprisoned pursuant to subdivision (h) of Section 1170 of the Penal Code, or be punished by fine and imprisonment, but a person shall not be imprisoned for the violation of any rule or order unless it is proven that this person had knowledge of the rule or order.(a)The following persons, programs, or entities shall not provide or receive remuneration or anything of value for the referral of a person who is seeking alcoholism or drug abuse recovery and treatment services:
(1)An alcoholism or drug abuse recovery and treatment facility licensed under this part.
(2)An owner, partner, officer, or director, or shareholder who holds an interest of at least 10 percent in an alcoholism or drug abuse recovery and treatment facility licensed under this part.
(3)A person employed by, or working for, an alcoholism or drug abuse recovery and treatment facility licensed under this part, including, but not limited to, registered and certified counselors and licensed professionals providing counseling services.
(4)An alcohol or other drug program certified by the department in accordance with the alcohol or other drug certification standards established pursuant to Section 11830.1.
(5)An owner, partner, officer, or director, or shareholder who holds an interest of at least 10 percent in an alcohol or other drug program certified by the department in accordance with the alcohol or other drug certification standards established pursuant to Section 11830.1.
(6)A person employed by, or working for, an alcohol or
other drug program certified by the department in accordance with the alcohol or other drug certification standards established pursuant to Section 11830.1, including, but not limited to, registered and certified counselors and licensed professionals providing counseling services.
(b)A violation of subdivision (a) is a crime and is punishable by a fine of not more than two hundred thousand dollars ($200,000), imprisonment for not more than 10 years, or both, for each occurrence.
(c)Notwithstanding
the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), 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.