Chapter 7. Quality Assurance of California Health And Safety Code >> Division 10.5. >> Part 2. >> Chapter 7.
The department shall take the following goals and objectives
into consideration in the implementation of this chapter:
(a) The significance of community-based programs to alcohol and
other drug abuse recovery shall not be diminished.
(b) Opportunities for low-income and special needs populations to
receive alcohol and other drug abuse recovery or treatment services
shall be encouraged.
(a) The department's death investigation policy shall be
designed to ensure that a resident's death is addressed and
investigated by the department in a timely manner.
(b) The telephonic and written reports of resident deaths
occurring in a licensed facility that are required to be reported to
the department shall include, but not be limited to, a description of
the event or incident, including the time, location, and nature of
the event or incident, a list of immediate actions that were taken,
including persons contacted, and a description of the followup action
that is planned, including, but not limited to, steps taken to
prevent a future death.
(c) A telephonic report required under subdivision (b), which
includes the event or incident and all information required under
subdivision (b) that is known at the time of the report, shall be
submitted to the department within one working day of the event or
(d) A written report required under subdivision (b), which
includes all information required under subdivision (b), shall be
submitted to the department within seven calendar days of the event
In order to ensure quality assurance of alcohol and other
drug programs and expand the availability of funding resources, the
department shall implement a program certification procedure for
alcohol and other drug treatment recovery services. The department,
after consultation with the County Behavioral Health Directors
Association of California, and other interested organizations and
individuals, shall develop standards and regulations for the alcohol
and other drug treatment recovery services describing the minimal
level of service quality required of the service providers to qualify
for and obtain state certification. The standards shall be excluded
from the rulemaking requirements 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). Compliance with these standards
shall be voluntary on the part of programs. For the purposes of
Section 2626.2 of the Unemployment Insurance Code, certification
shall be equivalent to program review.
(a) The department, in consultation with the county
alcohol and drug program administrators and other interested
organizations and individuals, shall develop program standards
specific to each type of residential and nonresidential program, to
be used during its certification process. These standards shall be
advisory only and are excluded from the provisions of Section 11340.5
of the Government Code and other rulemaking requirements 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),
and Chapter 8 (commencing with Section 11835).
(b) The program standards shall include, but not be limited to,
both of the following:
(1) Recognition and characterization of different approaches and
solutions to the alcohol and drug problems that the department
determines have sufficient merit for a separate standard.
(2) Reference to the needs of youth, the elderly, women, pregnant
women, mothers and their children, gays, lesbians, the disabled, and
special populations, with recognition of innovative solutions to the
problems of those special populations.
(c) The program standards shall serve as educational documents to
inform the public of the current state-of-the-art in effective and
cost-efficient alcohol and drug problem programming.
To the maximum extent possible, a reasonable effort to refer
a client to other programs, facilities, or services is encouraged
for any program or facility which is unable to accept a client after
The department shall charge a fee for the certification of
programs, in accordance with Chapter 7.3 (commencing with Section
(a) Certification shall be granted by the department
pursuant to this section to any qualified alcoholism or drug abuse
recovery or treatment program, regardless of the source of the
program's funding, upon approval of a completed application and
payment of the required fee. The certification shall be valid for a
period of not more than two years. The department may extend the
certification period upon receipt of an application for renewal and
payment of the required certification fee prior to the expiration
date of the certification.
(b) The purposes of certification under this section shall be all
of the following:
(1) To identify programs that exceed minimal levels of service
quality, are in substantial compliance with the department's
standards, and merit the confidence of the public, third-party
payers, and county alcohol and drug programs.
(2) To encourage programs to meet their stated goals and
(3) To encourage programs to strive for increased quality of
service through recognition by the state and by peer programs in the
alcoholism and drug field.
(4) To assist programs to identify their needs for technical
assistance, training, and program improvements.
(c) Certification may be granted under this section on the basis
of evidence satisfactory to the department that the requesting
alcoholism or drug abuse recovery or treatment program has an
accreditation by a statewide or national alcohol or drug program
accrediting body. The accrediting body shall provide accreditation
that meets or exceeds the department's standards and is recognized by
(d) Certification, or the lack thereof, shall not convey any
approval or disapproval by the department, but shall be for
information purposes only.
(e) The standards developed pursuant to Section 11830 and the
certification under this section shall satisfy the requirements of
Section 1463.16 of the Penal Code.
(f) The department and the State Department of Social Services
shall enter into a memorandum of understanding to establish a process
by which the Department of Alcohol and Drug Programs can certify
residential facilities or programs serving primarily adolescents, as
defined in paragraph (1) of subdivision (a) of Section 1502, that
have programs that primarily serve adolescents and provide alcohol
and other drug recovery or treatment services.
(g) Regulations adopted by the department pursuant to this section
shall be adopted as emergency regulations in accordance with Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code, and for the purposes of that chapter,
including Section 11349.6 of the Government Code, the adoption of
these regulations is an emergency and shall be considered by the
Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, and general
welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, including
subdivision (e) of Section 11346.1 of the Government Code, any
emergency regulations adopted pursuant to this section shall be filed
with, but not be repealed by, the Office of Administrative Law and
shall remain in effect until revised by the department. Nothing in
this subdivision shall be interpreted to prohibit the department from
adopting subsequent amendments on a nonemergency basis or as
emergency regulations in accordance with the standards set forth in
Section 11346.1 of the Government Code.
The department may contract with private individuals or
agencies to provide technical assistance and training to qualify
programs for state certification.
The department shall encourage the development of
educational courses that provide core knowledge concerning alcohol
and drug abuse problems and programs to personnel working within
alcohol and drug abuse programs.
(a) The department shall have the sole authority in state
government to determine the qualifications, including the appropriate
skills, education, training, and experience of personnel working
within alcoholism or drug abuse recovery and treatment programs
licensed, certified, or funded under this part.
(b) (1) Except for licensed professionals, as defined by the
department, the department shall require that an individual providing
counseling services working within a program described in
subdivision (a) be registered with or certified by a certifying
organization approved by the department to register and certify
(2) The department shall not approve a certifying organization
that does not, prior to registering or certifying an individual,
contact other department-approved certifying organizations to
determine whether the individual has ever had his or her registration
or certification revoked.
(c) If a counselor's registration or certification has been
previously revoked, the certifying organization shall deny the
request for registration and shall send the counselor a written
notice of denial. The notice shall specify the counselor's right to
appeal the denial in accordance with applicable statutes and
(d) The department shall have the authority to conduct periodic
reviews of certifying organizations to determine compliance with all
applicable laws and regulations, including subdivision (c), and to
take actions for noncompliance, including revocation of the
(e) (1) Notwithstanding Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code, the
department, without taking any further regulatory action, shall
implement, interpret, or make specific this section by means of
all-county letters, plan letters, plan or provider bulletins, or
similar instructions until the time that regulations are adopted.
(2) The department shall adopt regulations by December 31, 2017,
in accordance with the requirements of Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government