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MINUTES - 05251999 - C39-C42
TO: BOARD OF SUPERVISORS ,..g........ Contra FROM- PHIL BATCHELOR, COUNTY ADMINISTRATOR Costa -. -� CountyP,�. DATE, May 19, '1999 °> i<ziux''' SUBJECT: LEGISLATION: AB 1482 (AL QUIS►T) SPECIFIC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT a position in SUPPORT of AB 1482 by Assemblywoman Elaine Alquist which would delay until July 1, 2000 several of the requirements of SB 1785 (Chapter 752,Statutes of 1998)having to do with extending the time periods animals must be held before they are destroyed. BACKGROUND: Under existing law, after July 1, 1999, animal shelters must hold a stray dog or cat for six days, not counting the day of impoundment, up from three days currently. For an animal relinquished by its owner, the holding period effective July 1, 1999 is two days, not counting the day of impoundment. Currently there are no holding period requirements. AB 1482 would extend the deadline for complying with these additional holding requirements until July 1, 2000, providing that the animal shelter meets certain requirements. These requirements include the following: The public agency determines that it cannot reasonably comply with the longer holding periods required by SB 1785 because of the lack of facilities. The public agency has a plan or develops a plan to meet the holding periods required by 5B 1785 as soon as practicable. The plan must include ho9w the facilities will be funded and staffed. y CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENPAT ON OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE L APPROVE OTHER SIGNATLIR€S' /f ACTION OF BOARD ON_ May 25. 1999 APPROVED AS RECOMMENDED 1X OTHER VOTE OF SUPERVISORS qr�r I HEREBY CERTIFY THAT THIS IS A TRUE _XX UNANIMOUS(ABSENT A _--- ) AND CORRECT COPY OF AN ACTION TAKEN AYES:-- - - NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED May _ 25 , 1999 Contact �r PHIL BATCHELOR,CLERK OF THE BOARD OF cc: See Page 2 SUPERVISORS AND COUNTY ADMINISTRATOR BY ' DEP U;Y The public agency requests the animal shelter provider to utilize existing and any new animal shelter facilities to comply, to the extent possible, with the holding periods required by SB 1785. The public agency directs the animal shelter operator to operate or establish a program for the adoption of animals. The public agency directs the animal shelter operator to release an animal scheduled to be euthanized to a non-profit animal rescue or adoption organization at the request of the non-profit, as provided by law. The public agency directs the animal shelter operator to be open one day on the weekend or one evening, consistent with provisions of SB 1785 to increase the opportunity for owners to reclaim their pets. The Animal Services Director maintains that there is no way this County can be in compliance with the longer holding periods required by SB 1785 by July 1, 1999 because of the additional physical facilities that will have to be provided in order to meet the additional holding periods. He urges the Board to indicate its support for AB 1482. cc; County Administrator Animal Services Director Assemblywoman Elaine Alquist Froom 5144 State Capitol Sacramento, CA 95814 Les Spahnn; Heim, Noack, Kelly & Spahnn 1121 L Street, Suite 100 Sacramento, CA 95814 -2- AB 1482 Assembly Bill-Bill Analysis Page 1 of 5 AB 1482 Page 1 Date of .Bearing: May 12, 1999 ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT John Longville, Chair AB 1482 (Alquist) - As Amended. April 27, 1999 As Proposed to be Amended SUBJECT Animal pounds: holding periods before the animal may be euthanized. URGENCY. smmkRY . Delays by one year the time when certain animal pounds and shelters mast comply with last year's law that increased the holding period before an animal may be euthanized. Specifically, this bill . ")Specifies, that a public agency that had a contract with another entity to provide or receive animal pound or shelter holding services on January 1, 1999, may by resolution of the governing board comply with the holding periods in effect on June 30, 1999, until July 1, 2000, provided: a) The public agency determines that the public agency, independently of or in conjunction with other animal pounds or animal shelters, cannot reasonably comply with the longer holding periods required by SB 1785 (Hayden) , Chapter 752, Statutes of 1998, because of the lack of sufficient facilities. b) The public agency has a plan or develops a plan to meet the holding periods required by SB 1785 as soon_ as practicable. The plan shall include how the facilities will be funded and staffed. W The public agency requests the animal shelter provider to utilize existing and any new animal shelter facilities to comply, to the extent possible, with the holding periods required by SB 1785. d) The public agency directs the animal shelter operator to operate or establish a program for the adoption of animals. e) The public agency directs the animal shelter operator to release an animal scheduled to be euthanized to a non-profit animal rescue or adoption organization at the request of the non-profit, as provided by law. AB 1482 _ Page 2 http://www.leginfo.ca.gov/pub/bill/asm/ab.../ab-1482—cfa-19990511-182902—asm—comm.htm 5/18/99 AB 1482 Assembly Bill-Bill Analysis Page 2 of 5 f) The public agency directs the animal shelter operator to be open one day on the weekend or one evening, consistent with provisions in SB 1785 to increase the opportunity for owners to reclaim their nets. 2)Specifies that it is the intent of the Legislature that there be no further statutory delay in implementing the holding periods established by SB 1785. 3)Specifies that it is the intent of the legislature that, where possible, pounds and shelters utilize the internet to provide pictures and/or descriptions of animals housed in the pound or shelter in order to facilitate reuniting owners and pets and to facilitate adoption. 4) Specifies that this section is repealed on July 1, 2000. -EXISTING LAGS . 1)Requires counties to provide for the impoundment of stray dogs running at large in violation of the law and allows the euthanizing of such dogs in a humane manner. [Food and Agricultural Code Section 31105] 2) Specifies, until July 1, 1999, that a pound or shelter must keep a stray dog or cat for 72 hours (three days) prior to euthanizing the animal. Specifies, on and after July 1, 1999, that pounds and shelters :rust hold a stray dog or cat for six days not counting the day of impoundment. The holding time may be shorter under certain circumstances if the pound or shelter operates in a specified manner to make it easier for the owner to reclaim the animal. An animal that is suffering from terminal injury or disease may be euthanized without any holding time. 3) Specifies the following holding periods for an animal relinquished by its owner a) Until July 1, 1999, there are no holding period requirements. b) After July 1, 1999, and until July 1, 2001, the holding AB 1482 Page 3 period shall be two days, not counting the day of impoundment. c) After July 1, 2001, the holding periods for animals relinquished by their owners shall be the same as for stray dogs and cats. 4)Specifies that a pound or shelter must release an animal bttp,//vvv"nleginfo.ca.gov/pub/bill/asm/ab.../ab_1482—cfa 19990511_182902®asrn_comm.htm 5/18/99 vA13 1482 Assembly dill -Bill Analysis Page 3 of 5 scheduled to be euthanized to a non-profit animal rescue or adoption organization at the request of the non-profit, as provided by law. FISCAL EFFECT . Delays some potentially state--mandated costs of an unknown amount for up to one year. CONtIANTS . 1)The proposed amendments would delete the provisions of the bill and insert a single section of law as described above. 2)Last year the Legislature enacted the longer holding requirements in SB 1785 (Hayden) , Chapter 752, Statutes of 1998. Senator Hayden, in a letter to the editor, said that 60, 000 dogs and cats are euthanized each year in Los Angeles and that his legislation was intended to return more animals to their owners by giving shelters an incentive to be open on the weekends. 3)The proponents argue that some public agencies will find it difficult to construct additional facilities or to find a new pound or shelter contractor by July 1, 1999, if an existing contractor chooses to terminate or not renew its contract because of the increased holding requirements or other reason. in order for a public agency to provide new facilities, it would have to identify where the facility should be built, design the structure, comply with CEQA, and then finance and construct the facility. 4)The opponents argue that pounds will have had nine months from enactment of the Hayden bill until its effective date, which should be sufficient time to comply. The opponents express a fear that the real intent of the proponents is to begin a repeal of the longer holding periods, not just to allow a AB 1482 Page 4 one-year extension for some pounds. REGISTERED SUPPORT / OPPOSITION . Support (based on the printed version of the bill, not as the bill is proposed to be amended. ) City of San Jose [Co-SPONSOR] Santa. Clara County Cities Association [CO-SPONSOR] American Humane Association Animal Issue Movement CA Agricultural Commissioners and Sealers Association CA Animal Control Directors' Association CA Federation for Animal Legislation CA State Association of Counties Cities of. Albany, Apple Valley, Blue Lake, Campbell, lu p:dNvv ooleginfo.ca.gov/pub/bill/asm/ab-`/ab_1482—cDt 19990511-182902_asm co m.htm 5/18/99 AB 1482 Assembly Bill-Bill Analysis F'age 4 of 5 Cupertino, Fl Cajon, Hollister, King City, Lakewood, Los Gatos, Merced, Porterville, Redding, Santa Clara, Saratoga, South Pasadena, Stockton, Sunnyvale, Temecula, Thousand Oaks Contra Costa Humane Society Counties of: Fresno, Humboldt, Madera, Mariposa, Santa Clara, Santa Cruz, Siskiyou, Solano, and Tulare .ural for Animals, Inc. Humane Society of Santa Clara Valley League of CA Cities Ohlone Humane Society Regional Council of Rural Counties Robert Maginnis, Police Chief, Sar. Leandro Santa Clara Cities Association. Sequoia Humane Society _Opposition (based on the printed version of the bila., not as the bill is proposed to be amended. ) Animal Emancipation, Inc. Animal Legislative Action Network, Los Angeles Chapter Association of Veterinarians for Anima? Rights CA Humane Coalition Cat and Dog Rescue Association Education and Action for Animals Friends of the Feral Cats Last Chance for Animals Orange County People for Animals Pal Rescue & Adoption, Inc. AB 1482 Page 5 Palo Alta Humane Society Pets in Need Senator 'Tom Hayden San Francisco Society for the Prevention of Cruelty to Animals individual letters (1.5) Analysis Prepared by Clyde Macdonald I L. GOV. / (916) 319-3958 hutp://ivvoaLleginib.ca.gov/pub/bill/asm/ab.../ab-1482—cfa-19990511-182902—asnm—comm.htm 5/18/99 AMENDED IN ASSEMBLY MAY 17, 1999 AMENDED IN ASSEMBLY APRIL 27, 1999 AMENDED IN ASSEMBLY APRIL 21, 1999 CALIFORNIA LEGISLATLIRE-1999-2000 REGULAR SESSION ASSEMBLE' BILL No. 1482 Introduced by Assembly Member Alquist (Coauthors: Assembly Members Cardoza, Cunneen, Honda, Keeley,Lempert,Longville,01berg, and Caller) (Coauthors: Senators Chesbro, McPherson, and Vasconcellos) February 26, 1999 Aft —Elet-Lm- Rd Seetietis 9 , _ _ _ and 31454 of Code,Food and AgAeeltefal and to ame-1 24 0 Chapter 452 ef the Staetes ef 1998, An act to add and repeal Section 317.55 of the Food and Agricultural Code, relating to animals, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1482, as amended, Alquist. Stray animals: impounding requirements: operative date. Under existing law, on and after July 1, 1999, any stray dog or cat impounded by a public pound or specified shelter will be required to be held for at least 4 or 6 business days, as specified, before being killed. Under existing law, on and after July 1, 1999, and until July 1, 2001, any animal relinquished to a public pound or specified shelter by its owner will be 96 I AB 1482 —2— required 2required to be held for at bast 2 full business days, as specified, before being killed. This bill would provide that, until July 1, 2000, a public agency that had a contract with another public or private entity to provide or receive animal shelter or animal pound holding services on January 1, 1999, by resolution, may comply with specified holding periods that were in effect on June 30, 1999, if specified conditions are met. Id 7 an ef after- ittly 5 7 5 S 9 to be held for 2 fall busiftess S as S befeft being IdIledf would, shelterr that 7 aft of before Deeember 5 5 with3 apply th-et,9 the previsien r-eg"diftg a stray dog or em to be he4d for at least 5 44te bill S y. 7 eiiftd or- __shelter._ that__- eefAfaeted an or befare Deeember with a publie entity to 3 7 S 4te operet4ve deAe of the bill until the efid of the 5 to held a -stray dog or eat or fere4 eat fef. :72 emeept as Q hates, sj . The bill would declare that it would take effect immediately as an urgency statute. Vote: 2/3> Appropriation: no. Fiscal committee: no. State-mandated local program: no. The people of the State of California do enact as follows: 1 SEGTiGNI. --Se IO8 e`r-fhe Faad es 4 2 SECTION 1. Section 31755 is added to the Food and 3 Agricultural Code, to read: 4 31755. (a) Notwithstanding any other provision of 5 law, a public agency that had a contract with another 6 public or private entity to provide or receive animal 7 shelter or animal pound holding services on January 1, S 1999, upon adoption of a resolution, may comply with the 3 holding periods specified in Sections 31105, 31752, 31752.5, 96 ir--- i -3 — AB 1482 1 and 31754 on June 30, 1999, if all of the following 2 conditions are met: 3 (1) The public agency determines that its animal 4 shelter provider, independently of, or in conjunction 5 with, other animal pounds or animal shelters, cannot 6 reasonably comply with the longer holding periods 7 required by Sections 31108, 31752, 31752.5, and 31754, as 8 amended or added by Chapter 752 of the Statutes of 1998 9 because of the lacy of sufficient facilities. 10 (2) The public agency has developed, or commits to 11 developing, a plan to meet the holding periods required 12 by Sections 31148, 31752, 31752.5, and 31754, as amended 13 or added by Chapter 752 of the Statutes of 1998 as soon as 14 practicable. 15 (3) The public agency requests its animal shelter 16 provider to utilize existing and any new animal shelter 17 facilities to comply, to the extent possible, with the 18 holding periods required by Sections 31148, 31752, 19 31752.5, and 31754, as amended or added by Chapter 752 20 of the Statutes of 1998. 21 (4) The public agency directs the animal shelter 22 provider to operate or establish a program for the 23 adoption of animals. 24 (5) The public agency directs the animal shelter 25 provider to release an animal scheduled to be euthanized 26 to a nonprofit, as defined in Section 541(c)(3) of the 27 Internal Revenue Code, animal rescue or adoption 28 organization at the request of that nonprofit 29 organization, as provided by law. 30 (6) The public agency requests the animal shelter 31 provider to comply with the operating hours specified in 32 paragraphs (1) and (2) of subdivision (a) of Section 31752 33 or in paragraphs (1) and (2) of subdivision (a) of Section 34 31148, as appropriate, in order to increase the opportunity 35 for owners to reclaim their pets and to increase the 36 opportunity for adoptions. 37 (b) It is the intent of the Legislature that there be no 38 further statutory delay in implementing the holding 39 periods established by Chapter 752 of the Statutes of 1998. 96 AB 1482 —4- 1 4-- 1 (c) It is the intent of the Legislature that, where 2 possible, animal pounds and shelters utilize the Internet 3 to provide pictures or descriptions, or both pictures and 4 descriptions, of animals housed in these pounds or 5 shelters, in order to facilitate reuniting owners and pets 6 and to facilitate adoption. 7 (d) This section shall remain in effect until July 1, 2000, 8 and as of that date is repealed. 1` y 11 requifed holding period for a stray dog ifftpotmded 12persuafft to this division shall be si)t besiftess} days, not 13 ineludiftg the day of impettftdfftent, "eept as follows- 14 (1) if the peand or shelter has made the dog a-vailab 15 fer ewfter redemption eft one weekday evening eittil at 16 y the holding period 17 shttll be fetff besiness days, not ineleding the day =4 18 'i"oundment 9 (2) ff die peand or shelter has fewer thaft three r1 20 21 22 23 24 pound or shelter would otherwise be elesed, the heldin 25 period shall be four business days, nat itteluding the &y 2�6'J of dm 27 Rxeept as pfevided in Seetiony stffty dogs shaH be 28 held for- owner redeftVtiett dwifig the first tihree daya--of 2 S not iaelu4ittg the dfty -of 30 impettftd BA., shall be wy;ailetble for- owneff 31 redempti for the remainder of 4te heldiftg 32 wed. 33 (b) Afty stray dog that is impottrided pu"ttant to t4tis 34 division shaH, pfier to the 1611in of that animal for ffily 35 reason other 4teft irrefnediable stffering, be released—to 36 ft fteeprefit, 37 httemal Reventie Code, 38 39 sehedeled 614iitg of 4W afty 40 y R., peend or , 96 5 ® AB 1482 1 its disefetiee, may assess et fee, 2 adeptieft fee, fef aitimals releftsed. 3 ,g(''� , 4 eo�ete before Dem , g d to pr"ide aniffiftl shelter Y �+ ...v wn 43.a .� kion.. fa7 t es 6 servie � 7p�F� � ah-is SCGZIc7 1 end of the eefAfftet, may Rot kill ded stfay dog 9 up of the dog, titi4ess the petmd e. determAties 4w 11 the deg is ifremediably sffffefing from a serieus illness, 11 12 13 , 2000, 14 15 SEG. 2. Seetieft 31762 of the Food and Agfiettitur-al 16 Gede is amended to read, 17 9 is 18 19 2(1 itteluding the day ef impoundment, e-xeept as fellows! 21 (4) if the pound or shelter has fnftde the eat ftyailabl-e 22 23 } 24 she4l be few business days, 25 imp8undmentr 26 27 28 weekday busittess Items, aftd if it has esf6blished 29 preeedtffe to enable ewiters to reeledm their eats -by 3 31 pettftd er shelter would etherwise be elosed, the holding 32 period she4l be four bttsiftess days, not itteludiRg the dfty 33 eftmpetindmefft. 34 Y strfty 35 eats shvAl be held for owner redemptien during the first, 36 three days of the he4diftg period, 37 impetimiment, 38 39 fid° 96 AB 1482 —6- 1 6-1 2 diyisian shall, prior- to the 16114ag of Ow anima4 far A�v 3 remedier thae ifremediabl., suffering, be release 4 9 as defined ift Seefien 501(e)(3) of 5 hitef-- Reyentte -Gede, aitifftal —'e9£#e or adepts 7 i3required spay or neuter deposit, euftd or 5 at 9 its 5ffmy assess a fee, 10 aidopt4eft fee, for anime4s feleased. 11 a 5 12 een+r-aetecan eT- befere—Deee t ber 5__1998, .•ate_ f . 101` r�.,C3 with -6i �JULliia� 13 entity fe provide anifnEd shelter serviees, with r-espeet 14 15 16 1p1J tip of th a 18 the eeA is ifremediably saffiaring from a serietis illness, of 19 is a eat diat reqtAres matefflal eafe--that has 20 21 (2) Ott aftd aft" 44y 1, 2000, subdivision (it) she4l 22 23 SES"- eetien 3175 - e€ the 24o-read, : 25 31452A. (a) The I=egislalure finds and deelafes ah—e 26 27 (1) Deestie ee&tom 28 29 . 30 " eats" are eats with temperaments that are 31 5 32 . 33 34 35 eftTle . 36 (5) it is ereel_ to l _ rr ,.1 ... eaged c to -peraria 31of time,, a it is net edways easy te distinguish a38 eat frotn a frightened tame em. 39 (b) For the per-peses ef th6 seetieft, a " 55 40 96 -7— AB 1482 1 when e.1 and eaftsisteaf temperament is e 2 3 tmseeiatlizM te people. 4 ; «3 y if an appareftdy fefal efft has not 7 4ftys ef the required holding period, shelter- perse 8 qualifiett to vefify the temperament of the anifnal shall 9 verify whedier it is feral or fame by using a s"d"dized 10 preteeel. ff the eat is defermifted to be 4eeile or- a- ll ffightefted er diff4ettlf tafne eftt, the eat shall be held faf 12 13 33.7-52. R *-be eat is Elefeffnifteel to be truly f;efetl, the 14 i as 15 defifted in Seefien 691(e)(3) of the Internal Reventi 16 Gede, 17 tieutefifig ef if it has not a4tready 1 19 fteuter 4epesit, the pound er shelter-, at its diseretien, 20 assess a fee, itet to exeeed the staftdard adeptien fee, 21 the emimfti_el..a,....d 22 y 2000, 23 eefftmeted eft er befereeee er 31, 1998, with a pub-lie 24 , with respeet 25 senviees ftern the operative date of this seetieft until 26 ett4 of the ee zet hetil treat A e ern the 27 . 28 , 2900, subdivision (e) 9 29 apply te ft pound or shelter desefibed itt paragr-aph(1). 30 SEC.-4. Seetren 41754 of the Food aftd Agrietilturred 31 Ge4e, ets adde4 by Seetieft 16 ef Chapter 752 of thee 32 Statutes of 1998, is afneft-ded to read., 33 34 in Seetieft 14006, 35 , 36 , 37 38 be available fer owner redempt4ott Mr the first day, 39 ifteludiftg the day of impeandmeftt, md shed! be wvailabl-e 40 96 A$ 1482 —8- 1 81 2 r animal 4 adep#aef arganrzatieft --aftder the ee-ditions and 6 31108 and 31752. 7 (8 p r r r 9 10 apply ort atid after Ril I' l-l-W. 11 r . 12 y 5 1 r 13 as of 4afteary 1, 2002, is repea4ed, 14 r r 1 16 repege4r 191- S-pt .,,�A 1 x " a--c e 2(} epera6ye oft Rily 1, . 21 SEG. 6. 22 SSEC. 2. This act is an urgency statute necessary for 23 the immediate preservation of the public peace, health, 24 or safety within the meaning of Article IV of the 2.5 Constitution and shall go into immediate effect. The facts 26 constituting the necessity are 27 In order to ensure that local pounds and shelters that 28 provide animal shelter services to public agencies may 29 continue to operate in order to protect the public health, 30 safety, and welfare while making arrangements to 31 implement or otherwise respond to the provisions of 32 Chapter 752 of the Statutes of 1998, it is necessary that this 33 act take effect immediately. 0 96 F TO: BOARD OF SUPERVISORS Contra € PHIL BATCHELOR, COUNTY ADMINISTRATOR �' - Costa :. . County DATg: �, 1lilay 19, 1999 x SUBJECT: LEGISLATION: AB 930 (CALDERON) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT a position in SUPPORT of AB 930 by Assemblyman Thomas M. Calderon of Montebello which would strengthen the State's oversight of methadone programs and their operators. BACKGROUND: Los Angeles County,which is the sponsor of AB 930, has had some difficulties with methadone providers where illegal and unruly conduct has become commonplace. While the provider operating the program in Contra Costa County does so in a professional manner, the County no longer controls the entry of providers into the marketplace. AB 930, as amended May 6, 1999; does all of the following: s Expands the circumstances under which the State Department of Alcohol and Drug Programs (Department)is required, rather than authorized,to take licensing actions against narcotic replacement therapy (methadone) programs. Establishes additional grounds by which the Department is permitted to take license suspension or revocation action. CONTINUED ON AT`T'ACHMENT: YES SIGNATURE: _X-RECOMMENDATION OF COUNTY ADMINISTRATOR - -RECOMMENOATION OF HOARD COMMITTEE APPROVE _ - OTHER SIGNATURE S: { � f ACTION OF BOARD ON may � APPROVED AS RECOMMENDED X OTHER s VOTE OF SUPERVISORS �r� I HEREBY CERTIFY THAT THIS IS A TRUE <hd _UNANIMOUS(ABSENT - _ r r _ } AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT:_.-- ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED M B.Y 2 _1999 Contact: PHIL BATCHELOR,CLERK OF THEE BOARD OF CO: See Page 2 SUPERVISORS AND COUNTY AOMINIS`RAi OR BY c DEPUTY • Directs the Department to solicit community input as part of licensing inspections and includes community impact among factors the Department must consider in taking licensing actions. Requires the Department to impose a penalty of$100 per day on treatment programs that fail to submit or implement corrective actions regarding license violations. Requires the Department to conduct inspections of facilities implementing corrective action plans in response to licensing violations. • Permits the department to deny a license if the applicant, or any partner, officer, director or shareholder was previously the holder of a license and committed sustained licensing violations or engaged in fraud. Requires, rather than permits, the Department to issue an order prohibiting a program from admitting new patients or from dispensing narcotic drugs if the program is found to have: 0 insufficient security measures in place regarding its narcotic drug supply, 0 diverted narcotic drugs, 0 operated above licensed capacity, or 0 committed repeated license violations. The Director of the Community Substance Abuse Program, Chuck Deutschman, has recommended that the Board of Supervisors take a support position on the bill. cc: County Administrator Health Services Director Director, Community Substance Abuse Program Assemblyman Thomas M. Calderon Room 2148 State Capitol Sacramento, CA 95814 Les Spahnn; Heim, Noack, Kelly & Spahnn 1121 L Street, Suite 100 Sacramento, CA 95814 -2- W(LLtAM B. WALKER, M. D. �C)t�T�Lf`e COSTA HEALTH SERV:CES DIRECTOR COMMUNITY CHUCK DEUTSCHM-AN DIRECTOR SUBSTANCE CONTRA LJdSA ABUSE SERVICE S HEALTH S ERVpES 597 Center Avenue, Suite 320 lk4artinea, California 94553 Ph(925) 393-6350 Fax(925)393-6307 TO: Claude Van Marter FROM: Chuck Deutschman�� SUBJECT: Board of Supervisors Support Position for AB 930 DATE: April 13, X999 The Health Services Department is requesting a support position from the Board of Supervisors for AB 930 (Calderon). The sponsor of the legislation is Los Angeles County. The intent of the legislation is to strengthen methadone regulation enforcement by the Department of Alcohol and Drug Programs. The city of Pico Rivera in Los Angeles County has had some on-going difficulties with methadone providers where illegal and unruly conduct has become commonplace. This legislation seeks to remedy the lack of strong enforcement by the Department of Alcohol and Drug Programs. The Health Services Department is recommending that the Board of Supervisors support this 'legislation in the interest of insuring close oversight of methadone programs by the State. Currently, the methadone provider in Contra Costa County operates a professional program but entry into the marketplace is no longer controlled by the County. This legislation would guard against the entry of unprofessional and irresponsible providers in the future. CD:d 83f f f Z A t Attachment {t>a{ Copy to: Bill Walker, M.D. f' y AB 930 Support.mem a 1 D-disk 12 e Contra Costa Community Substance Abuse Services : Contra Costa Emergency Medical Services 9 Contra Costa Environmental Health 0 Contra Costa Health Plan p Contra Costa Hazardous Materials Programs Contra Costa Menta•,Health e Contra Cosa Pubic Health m Contra Costa Regional Medical Center e Contra Costa Health Centers AMENDED IN ASSEMBLY MAY 6, 1999 AMENDED IN ASSEMBLY APRIL 15, 1999 CALIFORNIA LEGISLATURE--1999-2000 REGULAR SESSION ASSEMBLY BILL No. 930 Introduced by Assembly Member Calderon February 25, 1999 An act to amend Sections 11875, 11876, 11877.6, 11877.7, 11877.8, and 11877.14 of, and to add Section 11876.1 to, the Health and Safety Code, relating to alcohol and drug programs. LEGISLATIVE COUNSEL'S DIGEST AB 930, as amended, Calderon. Alcohol and drug programs: narcotic treatment programs. Existing law authorizes the State Department of Alcohol and Drug programs to perform certain licensing and inspection duties and to establish minimum criteria for the operation of methadone and levoalphacetylmethadol (LRAM) programs for the treatment of narcotic addicts. This bill would require the department to perform these licensing and inspection duties and to establish and enforce the minimum criteria for narcotic treatment programs. Existing law authorizes the department to conduct annual inspections of all narcotic treatment programs established and licensed under these provisions. Existing law requires the department, after conducting an inspection, to provide an inspection report describing any program deficiencies to the 97 AB 930 —2— licensee, 2— licensee, the program to submit to the department a corrective action plan., and the department to conduct a subsequent onsite inspection. This bill would require the annual inspections of these narcotic treatment programs to include the evaluation of community input regarding concerns about the narcotic treatment program.. The bill would require the department to provide an inspection report to the licensee within 30 days of the onsite review, the licensee to submit a corrective action plan within 30 days of receipt of the inspection report, the program to implement all corrective actions contained in the plan within 30 days of approval by the department of the corrective action plan, and the department to conduct monthly subsequent inspections of the program. This bill would require the department to impose a civil penalty of 100 a day for a narcotic treatment program found not to be in compliance with the applicable laws and regulations or that fails to submit a corrective action plan or to timely implement any corrective action plan. Existing law specifies various other duties of the department with regard to narcotic treatment programs. This bill would revise some of these duties to include studying and evaluating and providing advice, consultation, and technical assistance to narcotic treatment programs regarding the programs' adherence to all applicable laws and regulations and the impact of the programs on the communities in which they are located. Existing law authorizes the director to deny the application for initial issuance of a license to provide narcotic treatment services if certain conditions exist with regard to the applicant, or any partner, officer, director, or 100 or greater shareholder. This kill would add to the conditions under which an application may be denied that the applicant or program violated any of the laws or regulations governing narcotic treatment programs that relate to the health and safety of patients, the local community, or the general public with respect to any other license issued to an applicant to provide narcotic treatment services. The bill would require the department to deny the application for initial licensure under 97 -3— AB 930 these conditions unless the department makes certain determinations regarding the correction of deficiencies in the other licensed narcotic treatment programs. Existing law authorizes the department to suspend or revoke any license issued under these provisions, or deny an application to renew a license or modify the terms and conditions of a license upon certain grounds, including the violation by the licensee of the laws and regulations governing narcotic treatment programs that relate to the health and safety of the patients or the general public, or the repeated violation of the laws and regulations governing narcotic treatment programs. This bill would require the department to suspend or revoke a license or deny an application under these provisions. The bill would revise the latter ground for these departmental actions to apply to the repeated violation of the laws and regulations governing narcotic treatment programs that are unrelated to the health and safety of patients or the general public and wee4d mate diversion of dmgg as one of the gretifids te whieh this provision applies. Existing law authorizes the department to cease review of an application for a license to provide narcotic treatment services if certain conditions exist. Under this provision, the department may cease review if the applicant was denied a license under the provisions regulating narcotic treatment programs within the preceding year. This bill would require the department to cease review of an application for a license under these provisions. The bill would also require the department to cease review if the applicant had a license suspended under these provisions within the preceding year. Existing law authorizes the director to issue an order that prohibits a narcotic treatment program from admitting new patients or providing patients with take-home dosages of a replacement narcotic drug when the director makes certain determinations. This bill would require the department to issue the order prohibiting the specified acts. Existing law authorizes the department to vacate the order prohibiting the specified acts when the program submits a 47 r- AB 930 —4— corrective 4—corrective action plan that reasonably addresses the deficiency or substantially conforms to the required action set out in the order. Linder existing law, the department order is vacated when the department accepts a corrective action plan or fails to reject a plan within 10 working days after the receipt of the plan. This bill would authorize the department to vacate the order when the corrective action plan submitted by the program both reasonably addresses the deficiency and substantially conforms to the required action set out in the order. The bill would provide that the department order is vacated upon acceptance by the department of a corrective action plan only if the department also ensures substantial conformity with the required action set out in the order. Existing law authorizes the director to issue an order temporarily suspending a narcotic treatment program license prior to any administrative hearing ander certain circumstances. This bill would require the department, when the outcome at a hearing held subsequent to the temporary suspension is adverse to the licensee, to suspend a narcotic treatment program's license udder this provision, as provided. Mote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 11875 of the Health and Safety 2 Code is amended to read: 3 11.875. The Legislature finds that it is in the best 4 interests of the health and welfare of the people of this 5 state to coordinate narcotic treatment programs to use 6 replacement narcotic therapy in the treatment of 7 addicted persons whose addiction was acquired or 8 supported by the use of a narcotic drug or drugs, not in 9 compliance with a physician and surgeon's legal 10 prescription, and to establish and enforce minimum 11 requirements for the operation of all narcotic treatment 12 programs in this state. 9� -5— AB 930 1 SPC. 2. Section 11876 of the Health and Safety Code 2 is amended to read: 3 1.1876. (a) In addition to the duties authorized by 4 other provisions, the department shall perform all of the 5 following: 6 (1) License the establishment of narcotic treatment 7 programs in this state to use replacement narcotic 8 therapy in the treatment of addicted persons whose 9 addiction was acquired or supported by the use of a 10 narcotic drug or drugs, not in compliance with a physician 11 and surgeon's legal prescription, except that the Research 12 Advisory Panel shall have authority to approve 13 methadone or LAA.V1 research programs. The 14 department shall establish and enforce the criteria for the 15 eligibility of patients to be included in the programs, 16 program operation guidelines, such as dosage levels, 17 recordkeeping and reporting, urinalysis requirements, 18 take-home doses of methadone, security against 19 redistribution of the replacement narcotic drugs and any 20 other regulations that are necessary to protect the safety 21 and well-being of the patient, the local community, and 22 the public and to carry out the provisions of this chapter. 23 A program may admit a patient to narcotics maintenance 24 or narcotics detoxification treatment seven days after 25 completion of a prior withdrawal treatment episode. The 26 arrest and conviction records and the records of pending 27 charges against any person seeking admission to a 28 narcotic treatment program shall be furnished to narcotic 29 treatment program directors upon written request of the 30 narcotic treatment program director provided the 31 request is accompanied by a signed release from the 32 person whose records are being requested. 33 (2) Inspect narcotic treatment programs in this state 34 and ensure that programs are operating in accordance 35 with the law and promulgated regulations. The 36 department shall have sole responsibility for compliance 37 inspections of all programs in each county. Annual 38 compliance inspections shall consist of an evaluation by 39 onsite review of the operations and records of licensed 40 narcotic treatment programs' compliance with 97 AB 930 —6- 1 6- 1 applicable state and federal laws and regulations and the 2 evaluation of community input from local law 3 enforcement and local governments, regarding concerns 4 about the narcotic treatment program. At the conclusion 5 of each inspection visit, the department shall conduct an 6 exit conference to explain the cited deficiencies to the 7 program staff and to provide recommendations to ensure 8 compliance with applicable laws and regulations. The 9 department shall provide an inspection report to the 10 licensee within 30 days of the onsite review describing the 11 program deficiencies. A corrective action plan shall be 12 required from the program within 30 days of receipt of 13 the inspection report. All corrective actions contained in 14 the plan shall be implemented within 30 days of receipt 15 of approval by the department of the corrective action 16 plan submitted by the narcotic treatment program.. For 17 programs found not to be in compliance, a subsequent 18 inspection of the program shall be conducted within 30 19 days after the receipt of the corrective action plan in 20 order to ensure that corrective action has been 21 implemented satisfactorily. Subsequent monthly 22 inspections of the program shall be conducted. to 23 determine and ensure that the corrective action has been 24 implemented satisfactorily. Inspection of narcotic 25 treatment programs shall be based on objective criteria 26 including, but not limited to, an evaluation of the 27 programs' adherence to all applicable laws and 28 regulations and input from local law enforcement and 29 local governments. Nothing in this section shall preclude 30 counties from monitoring their contract providers for 31 compliance with contract requirements. 32 (3) Charge and collect licensure fees, In calculating 33 the licensure fees the department shall include staff 34 salaries and benefits, related travel costs, and state 35 operational and administrative costs. Fees shall be used to 36 offset licensure and inspection costs not to exceed actual 37 costs. 38 (4) Study and evaluate, on an ongoing basis, narcotic 39 treatment programs including, but not limited to, the 40 adherence of the programs to all applicable laws and 97 -7— AB 930 1 regulations and the impact of the programs on the 2 communities in which they are located. 3 (5) Provide advice, consultation, and technical 4 assistance to narcotic treatment programs to ensure that 5 the programs comply with all applicable laws and 6 regulations and to minimize any negative impact that the 7 programs may have on the communities in which they 8 are located. 9 (6) In its discretion, to approve local agencies or bodies 10 to assist it in carrying out the provisions of this chapter 11 provided that the department may not delegate 12 responsibility for inspection or any other licensure 13 activity without prior and specific statutory approval. 14 However, the department shall evaluate 15 recommendations made by drug program administrators 16 regarding licensing activity in their respective counties. 17 (7) The director may grant exceptions to the 18 regulations adopted under this chapter if he or she 19 determines that this action would improve treatment 20 services or achieve greater protection to the health and 21 safety of patients, the local community, or the general 22 public. leo exception may be granted if it is contrary to, 23 or less stringent than, the federal laws and regulations 24 which govern narcotic treatment programs. 25 (b) It is the intent of the Legislature in enacting this 26 section in order to protect the general public and local 27 communities, that self-administered dosage shall only be 28 provided when the patient is clearly adhering to the 29 requirements of the program, and where daily 30 attendance at a clinic would be incompatible with gainful 31 employment, education, and responsible homemaking. 32 The department shall define "satisfactory adherence" 33 and shall ensure that patients not satisfactorily adhering 34 to their programs shall not be provided take-home 35 dosage. 36 (c) There is established in the State Treasury a 37 Narcotic Treatment Program Licensing Trust Fund. All 38 licensure fees collected from the providers of narcotic 39 treatment service shall be deposited in this fund. Except 40 as otherwise provided in this section, if funds remain in 97 AB 930 —8- 1 8-1 this fund after appropriation by the Legislature and 2 allocation for the costs associated with narcotic treatment 3 licensure actions and inspection of narcotic treatment 4 programs, a percentage of the excess funds shall be 5 annually rebated to the licensees based on the percentage 6 their licensing fee is of the total amount of fees collected 7 by the department. A reserve equal to 10 percent of the 8 total licensure fees collected during the preceding fiscal 9 year may be held in each trust account to reimburse the 10 department if the actual cost for the licensure and 11 inspection exceed fees collected during a fiscal year. 12 (d) Notwithstanding any provision of this code or 13 regulations to the contrary, the department shall have 14 sole responsibility and authority for determining if a state 15 narcotic treatment license shall be granted and for 16 administratively establishing the maximum treatment 17 capacity of any license. However, the department shall 18 not increase the capacity of a program unless it 19 determines that the licensee is operating in full 20 compliance with applicable laws and regulations. Zl SEC. 3. Section 11876.1 is added to the Health and 22 Safety Code, to read: 23 11876.1. The department shall impose a civil penalty 24 of one hundred dollars ($1030) a day for a program found 25 not to be in compliance with applicable laws and 26 regulations and that fails to timely submit a corrective 27 action plan or to timely implement any corrective action; 28 for each day after the plan or action is due as required. in 29 Section 11876. 30 SEC. 4. Section 11877.6 of the Health and Safety Code 31 is amended to read: 32 11877.6. The director may deny the application for 33 initial issuance of a license if the applicant, or any partner, 34 officer, director, or 10 percent or greater shareholder: 35 (a) Fails to meet the qualifications for licensure 36 established by the department pursuant to this article. 37 However, the director may waive any established 38 qualification for licensure of a narcotic treatment 39 program if he or she determines that it is reasonably 40 necessary in the interests of the public health and welfare. 97 -9— AB 930 1 (b) Was previously the holder of a license issued under 2 this article, and the license was revoked and never 3 reissued or was suspended and not reinstated, or the 4 holder failed to adhere to applicable laws and. regulations 5 regarding narcotic treatment programs while the license 6 was in effect. 7 (c) Misrepresented any material fact in the 8 application. 9 (d) Committed any act involving fraud, dishonesty, or 10 deceit, with the intent to substantially benefit himself or 11 herself or another or substantially injure another, and the 12 act is substantially related to the qualification, functions 13 or duties of, or relating to, a narcotic treatment program 14 license. 15 (e) Was convicted of any crime substantially related. to 16 the qualifications, functions, or duties of, or relating to, a 17 narcotic treatment program license. 18 (f) The director, in considering whether to deny 19 licensure under subdivision (d) or (e), shall determine 20 whether the applicant is rehabilitated after considering 21 all of the following criteria. 22 (1) The nature and severity of the act or crime. 23 (2) The time that has elapsed since the commission of 24 the act or crime. 25 (3) The commission by the applicant of other acts or 26 crimes constituting grounds for denial of the license 27 under this section. 28 (4) The extent to which the applicant has complied 29 with terms of restitution, probation, parole, or any other 30 sanction or order lawfully imposed against the applicant. 31 (5) Other evidence of rehabilitation submitted by the 32 applicant. 33 (g) With respect to any other license issued to an 34 applicant to provide narcotic treatment services, violated 35 any provision of this article or regulations adapted under 36 this article that relate to the health and safety of patients, 37 the local community, or the general public. Violations 38 include, but are not limited to, violations of laws and 39 regulations applicable to take-home doses of methadone, 40 urinalysis requirements, and security against 97 AB 930 — 10— I 10-1 redistribution of replacement narcotic drugs. In these 2 cases, the department shall deny the application for an 3 initial license unless the department determines that all 4 other licensed narcotic treatment programs maintained 5 by the applicant have corrected all deficiencies and 6 maintained compliance for a minimum of six months. 7 SEC. 5. Section 11877.7 of the Health and Safety Code 8 is amended to read; 9 11877.7. The director shall suspend or revoke any 10 license issued under the provisions of this article, or deny 11 an application to renew a license or to modify the terms 12 and conditions of a license, upon any of the following 13 grounds and in the manner provided in this article: 14 (a) Any violation by the licensee of any provision of 15 this article or regulations adopted under this article that 16 relate to the health and safety of the patients or the 17 general public. 18 (b) Violation by the licensee of any laws or regulations 19 of the United States Food and Drug Administration or the 20 United States Department of Justice, Drug Enforcement 21 Administration which are applicable to narcotic 22 treatment programs. 23 (c) Repeated violation by the licensee of any of the 24 provisions of this article or regulations adopted under this 25 article that are unrelated to the health and safety of the 26 patients or the general public. 27 (d) Aiding, abetting, or permitting the violation of, or 28 any repeated violation of, any of the provisions set forth 29 in subdivision (a), (b), or(c). 30 (e) Conduct in the operation of a narcotic treatment 31 program which is inimical to the health, welfare, or safety 32 of either an individual in, or receiving services from, the 33 program, the local community, or the people of the State 34 of California. 35 (f) The conviction of the licensee, or any partner, 36 officer, director, or 10 percent or greater shareholder, at 37 any time during licensure, of a crime substantially related 38 to the qualifications, functions or duties of, or relating to, 39 a narcotic treatment program licensee. 97 -11 — AB 930 1 (g) The commission by the licensee, or any partner, 2 officer, director, or 10 percent or greater shareholder, at 3 any time during licensure, of any act involving fraud, 4 dishonesty, or deceit, with the intent to substantially 5 benefit himself or herself or another, or substantially to 6 injure another and which act is substantially related to the 7 qualifications, functions or duties of, or relating to, a 8 narcotic treatment program licensee. 9 (h) Diversion of narcotic drugs. A program's failure to 14 maintain a narcotic drug reconciliation system that 11 accounts for all incoming and outgoing narcotic drugs, as 12 required by departmental or federal regulations, shall 13 create a rebuttable presumption that narcotic drugs are 14 being diverted. 15 (i) 'Misrepresentation of any material fact in obtaining 16 the narcotic treatment program license. 17 (i-- 18 (j) Failure to comply with a department order to cease 19 admitting patients or to cease providing patients with 20 take-home dosages of replacement narcotic drugs. 21 22 (k) Failure to pay any civil penalty assessed pursuant 23 to paragraph (3) of subdivision (a) of Section 11877.14 24 where the penalty has become final, unless payment 25 arrangements acceptable to the department have been 26 made. 27 SEC. 6. Section 11877.8 of the Health and Safety Code 28 is amended to read: 29 11877.8. (a) The department shall cease review of an 30 application for a license if. 31 (1) An application for a license indicates, or the 32 department determines during the application 33 inspection process, that the applicant was issued a license 34 under this article and the prior license was revoked 35 within the preceding two years. The department shall 36 cease any further review of the application until two 37 years have elapsed from the date of the revocation. 38 (2) An application for a license indicates, or the 39 department determines during the application 40 inspection process, that the applicant was denied a 97 AB 930 — 12- 1 12-1 license or had a license suspended under this article 2 within the preceding year. The department shall cease 3 any further review of the application until one year has 4 elapsed from the date of the denial or suspension. 5 (b) The department may cease review of an 6 application for license renewal if either of the following 7 occur: 8 (1) The applicant has not paid the required license fee. 9 (2) The county in which the licensee is located 10 certifies to the department's satisfaction that there is no 11 need for the narcotic treatment program because of a 12 substantial decline in medically qualified narcotic 13 treatment patients in the licensee's catchment area, or 14 clearly demonstrates that other applicants for licensure 15 can provide more efficient, cost-effective and sufficient 16 narcotic treatment services in the catchment area, or that 17 the license should not be renewed due to one of the 18 grounds which are enumerated in Section 11877.7. 19 (c) Upon cessation of review, the license shall be 20 permitted to expire by its own terms. However, if the 21 licensee subsequently submits the items, the absence of 22 which led to the cessation of review, the department may 23 reinstate the license. 24 (d) Cessation of review shall not constitute a denial of 25 the application for purposes of Sections 11877.6 and 26 11877.7. 27 SEC. 7. Section 11877.14 of the Health and Safety 28 Code is amended to read: 29 11877.14. (a) (1) The director shall, in addition to 30 any other remedy, issue an order that prohibits a narcotic 31 treatment program from admitting new patients or from 32 providing patients with take-home dosages of a 33 replacement narcotic drug when the director determines 34 pursuant to the compliance inspection procedures set out 35 in paragraph (2) of subdivision (a) of Section 11876, that 36 a program has done any of the following: 37 (f1) Failed to provide adequate security measures 38 over its narcotic drug supply as agreed in the program's 39 approved protocol. 97 - 13— AB 930 1 (B) Failed to maintain a narcotic drug reconciliation 2 system which accounts for all incoming and outgoing 3 narcotic drugs. 4 (C) Diverted narcotic drugs. 5 (D) Repeatedly violated one or more departmental or 6 federal regulations governing narcotic treatment 7 programs, which violations may subject, or may have 8 subjected a patient to a health or life-endangering 9 situation. 10 (E) Repeatedly violated one or more departmental or 11 federal regulations governing the provisions of 12 take-home medication. 13 (F) Operated above combined licensed capacity for 14 maintenance and detoxification programs at a single 15 location. This paragraph shall not become operative until 16 department regulations on narcotic treatment programs 17 are revised to identify specific requirements in 18 conjunction with this paragraph. 19 (2) (A) The order becomes effective when the 20 department serves the program with a copy of the order. 21 The order shall state the deficiencies forming the basis for 22 the order and shall state the corrective action required for 23 the department to vacate the order. The order, as it 24 pertains to subparagraph (F) only, shall automatically be 25 vacated when the department receives the program's 26 written notification that licensed capacity has been 27 achieved. If the order is issued pursuant to subparagraph 28 (A), (B), (C), (D), or (E), the department shall vacate 29 the order when the program submits a corrective action 30 plan that reasonably addresses the deficiency or 31 substantially conforms to the required action set out in 32 the order. 33 (B) The department shall notify the program that the 34 corrective action is accepted or rejected within 10 35 working days after receipt of the plan. If the department 36 rejects the corrective action plan, it shall detail its reason 37 in writing. The department order is vacated when the 38 department either accepts a corrective action plan and 39 ensures substantial conformity with the required action 97 I AB 930 — 14- 1 14-1 set out in the order or fails to reject a plan within 10 2 working days after receipt of the plan. 3 (3) In addition to any other remedies, a failure of the 4 program to comply with the order of the department 5 under this subdivision shall give rise to a civil penalty of 6 five hundred dollars ($500) a day for each day that the 7 order is violated. 8 (4) All civil penalties collected by the department 9 under paragraph (3) shall be deposited in the Narcotic 10 Treatment Program Licensing Trust Fund, and shall be 11 used to offset the department's costs associated with 12 collecting the civil penalties, or associated with any civil, 13 administrative, or criminal action against the program 14 when appropriated for this purpose. 15 (b) (1) The director may, in addition to any other 16 remedy, issue an order temporarily suspending a narcotic 17 treatment program license prior to any administrative 18 hearing for the reasons stated in subparagraphs (A) to 19 (E), inclusive, of paragraph (1) of subdivision (a) when 20 the department determines pursuant to the compliance 21 inspection procedures set out in paragraph (2) of 22 subdivision (a) of Section 11876, that the action is 23 necessary to protect patients of the program from any 24 substantial threat to their health or safety, or to protect 25 the health or safety of the local community or the people 26 of the State of California. Prior to issuing the order the 27 director shall assure continuity of patient care by the 28 program's guarantor or through the transfer of patients 29 to other licensed programs. The director may issue any 30 needed license or amend any ether license in his or her 31 effort to assure that patient care is not impacted adversely 32 by the suspension order. 33 (2) The director shall notify the licensee of the 34 temporary suspension and the effective date thereof and 35 at the same time shall serve the licensee with an 36 accusation. Upon receipt of a notice of defense to the 37 accusation by the licensee, the director shall, within 15 38 days, set the matter for hearing, and the hearing shall be 39 held as soon as possible, but not later than 20 days, 40 exclusive of weekends, after receipt of the notice. The 97 -15— AB 930 1 temporary suspension shall remain in effect until the 2 hearing is completed and the director has made a final 3 determination on the merits. However, the temporary 4 suspension shall be deemed vacated if the director fails to 5 male a final determination on the merits within 20 days 6 after the original hearing has been completed. Failure to 7 cease operating after the department issues an order 8 temporarily suspending the license shall constitute an 9 additional ground for license revocation and shall 10 constitute a violation of Section 11877.6. The department 11 shall suspend the program's license if the hearing 12 outcome is adverse to the license. The department shall 13 notify the program of the license suspension within five 14 days of the director's final decision.. 15 (3) Failure of the licensee to cease operating after the 16 director issues a temporary suspension order under 17 paragraph (1) shall constitute an additional ground for 18 license revocation. 19 (c) A program may, at any time after it is served with 20 an order, petition the superior court to review the 21 department's issuance of an order or rejection of a 22 corrective action plan. 0 97 AB 934 Assembly Bill-Bill Analysis Page 1 of 3 Aa 930 Page 1 Date of Hearing: May 12, 1999 ASSEMBLY COMMITTEE ON APPROPRIATIONS Carole Migden, Chairwoman AB 930 (Calderon) ® As Amended: April 15, 1999 Policy Committee: HealthVote:14 - 0 Urgency: No State Mandated Local Program:NoReimbursable: SUMMARY This bill strengthens Department of Alcohol and Drug Programs oversight of narcotics treatment programs. Specifically, the bill. ?)Expands the circumstances under which the Department of Alcohol and Drug Programs is required, rather than authorized, to take licensing actions against narcotic replacement ;therapy programs. 2)Establishes additional grounds by which the department is permitted to take license actions. 3)Directs the department to solicit community input as part of licensing inspections and includes community impact among factors the department must consider in taking licensing actions. Q Requires the department to impose a penalty of $100 per day on treatment programs that fail to submit or implement corrective actions regarding license violations. 5)Requires the department to conduct monthly inspections of facilities implementing corrective action plans in response to licensing violations. Q Permits the department to deny a license if the applicant, or any partner, officer, director or shareholder was previously the holder of a license and committed sustained licensing violations or engaged in fraud. 7)Requires, rather than permits, the department to issue an AB 930 Page 2 http://www.leginfo.ca.gov/pub/bill/asm/ab`.../ab_934_cfa_19994514-182244—asm-comm.ht 5/19/99 AB 930 Assembly Bill -.Bill Analysis Page 2 of 3 order prohibiting a program from admitting new patients or from dispensing narcotic drugs if the program is found to have; insufficient security measures in place regarding its narcotic drug supply; diverted narcotic drugs; operated above licensed capacity; or committed repeated license violations. FISCAL EFFECT The department estimates annual costs of $513, 000 to enforce the bill's provisions, offset by licensing fees paid by treatment program providers (Narcotic Treatment Program Licensing Trust Fund) . Fine revenues associated with the bill's penalty provision would be minor. CO'MME ITS 1)Purpose of the Bill According to the Los Angeles County, sponsor of the bill, methadone maintenance program oversight requires strengthening because of the number of repeat violations by methadone clinics that endanger surrounding communities. The County Alcohol and Drug Program Administrators assert that by imposing stronger sanctions against clinics that operate unethically or illegally, this bill benefits those programs that are run safely and legally. 21what is Methadone Maintenance Therapy ? Replacement narcotic therapy, commonly referred to as methadone maintenance, is a form of medical treatment for persons addicted to heroin and other narcotic drugs. Two medications used for this treatment are methadone and levo-alpha-acetylmethadol (LAAM) , which do cause physical dependence, but have not been found to cause ,serious side effects. 'Methadone enables a person addicted to narcotics to live a more stable life. The effects of methadone last 24-48 hours, compared with heroin's 4-6 hours. LAAM can suppress the symptoms of withdrawal for up to 72 hours and block the high often associated with illicit opiate use. This longer time period helps to prevent cycling from craving, to euphoria, to restlessness and then to craving every few hours. According to department, over time, most patients in replacement treatment eliminate all illicit drug AB 930 Page 3 use. Meroin Dependency and 'Treatment Tr California The department estimates there are over 125, 000 people in California addicted to the intravenous use of heroin. According to a recent report prepared for county drug and alcohol program administrators, outpatient methadone treatment is currently available in only 17 counties. When available, treatment httpJ/Nvvavvleginib.ca.gov/pub/bill/asm/ab_.../ab 930_cfa 19990510_182200 as comm.htm 5/19/99 AB 930 Assembly Bill-Bill Analysis Page 3 of 3 often is limited. For example, in 1995 there were 2, 311 residential treatment spaces in Los Angeles County, 187 openings, and a waiting list of 620 people. 4)Related. Legislation AB 619 (Briggs) , pending in this committee, is sponsored by Fresno County. Among its provisions, the bill: Revises state drug policy goals to include freedom from all drugs, including methadone. Grants counties substantial authority to decide which providers may operate in a county, to conduct utilization review of individual client treatment, and to determine payment rates. Analysis Prepared by William Wehrle / APPR. / (916) 319 .2081. fo pol/Vvvo"nleginafo.ca.gov/pub/bill/asm/ab .../ab 930_chL 19990510_182200—assn—comm.htm 5/19/99 AB 930 Assembly FAR m Bill .Analysis Page 1 of 8 AB 930 Pace 1 Date of nearing: April 20, 1999 ASSEMBLY COMMITTEE ON HEALTH Martin Gallegos, Chair AB 930 (Calderon) - As Amended: April 15, 1999 SUBJECT Narcotic treatment programs. SUMMARY Expands the circumstances under which the Department of Alcohol and Drug Programs (DADP) must suspend, deny, modify or revoke narcotic replacement therapy programs. Requires DADP to take various licensing actions that are permissive Sander current law. Includes consideration of the impact of a narcotic treatment program on a given community in the circumstances under which DADP must take action. Repeals a rebuttable presumption under existing law that failure to account for replacement narcotics indicates that narcotic drugs are being diverted. Specifically, this bill . l)Requires DADP to license narcotic treatment programs for replacement narcotic therapy. 2)Requires DADP to enforce treatment guidelines for narcotic replacement therapy programs. Requires DADP, in establishing and enforcing those guidelines, to protect the local community, in addition to the health and safety of the patients. 3)Pequires DADP to inspect, study and evaluate narcotic programs and the impact of those programs on the communities in which they are located, and to ensure that programs are operating in accordance with the law. Adds to the requirements for annual compliance review: a) Evaluation of input from local law enforcement and local governments, regarding concerns about the narcotic treatment program; b) Recommendations from DADP to ensure compliance with laws and regulations; c) An inspection report, to be provided to the licensee within 30 days of receipt of the onsite review; d) A corrective action plan, to be required from the AB 930 Page 2 hip:/livvroaleginfb.ca.gov/pub/bill/asm/ab_-`/ab_930—cit 19990419_145556—as _comm.htni 5/19/99, AB 930 Assembly Still-Bill Analysis Page 2 of 8 program within 30 days of receipt of the inspection report; e) Implementation by the program of the corrective action plan within 30 days of receipt of approval of the plan by DADP; and + f) A subsequent visit by DADP, conducted within 30 days of receipt of a corrective action plan, to ensure that the plan is being implemented. 4)Requires DADP to charge and collect licensure fees. S)Requires DADP to provide advice and technical assistance :.o narcotic treatment programs to ensure compliance with laws and regulations, and to minimize any negative impact that the programs may have on the communities in which they are located. 6)Adds to the circumstances under which the DADP director may grant exceptions to licensing and review regulations, the director's determinations that such an action would achieve greater protection to the health and safety of the local community. 7)Requires DADP to impose a penalty of $100 per day for a program that is found to be out of compliance, and that fails to timely submit or implement any corrective action. 8)Perrits the DADP director to deny the initial issuance of a license if the applicant, or any partner, officer, director or 10% or greater shareholder: a) Was previously the holder of such a license, and the holder failed to adhere to applicable laws and regulations regarding narcotic treatment programs. b) Violated any of the requirements as provided in this bill, or regulations adopted thereto, that relate to the health and safety of patients, the local community, or the general public. Specified that such legal requirements include these applicable to take-home doses of methadone, urinalysis, and security against redistribution of replacement of narcotic drugs. 9)Requires, in the cases outlined in iter: 8 (b) , DADP to deny an AB 930 Page 3 application for an initial license unless DADP determines that all other narcotic programs maintained by the applicant have corrected all deficiencies and maintained compliance for a minimum of six months. 10) Requires, rather than permits, DADP to suspend or revoke a license, or deny an application to renew or modify, a narcotic treatment license for any of the following: h4://www.leginfo.ca.gov/pubibill/asnVib -`/ab_930_cit 19990419_145556—asm comrn.htm 5/19/99 AB 930 Assembly OR-Bill Analysis Page 3 of g a) Any violation_ by the licensee of any applicable law that relates to the health and safety of patient or the general public, b) Violation of United States Food and Drug Administration or the U.S. Department of Justice, Drug Enforcement Administration laws or regulations; c} Repeated violation of laws and regulations not related to the health and safety of the patients or the general public. d) Conduct of a narcotic treatment program, which is inimical to the health, welfare, or safety of either an individual in, or receiving services from the program, the local community, or the people of this state. e) Conviction of the licensee, or any partner, officer, director or 10% or greater shareholder, at any gime during licensure, of a crime substantially related to the qualifications, functions or duties of, or relating to, a narcotic treatment program licensee. & Commission by the licensee, or any partner, officer, director or 10% or greater shareholder, at any time during licensure, of any act involving fraud, dishonesty, or deceit, with the intent to substantially benefit himself or herself or another, or to injure another and which act is substantially related to the qualification, functions or duties of, or relating to, a narcotic treatment program licensee. g) Misrepresentation of any material fact in obtaining the licenses h) Failure to comply with a DADP order to cease admitting J AB 930 _ Page 4 patients or to cease providing patients with take-home dosages of replacement narcotic drags. i) Failure to pay penalties. 11) Requires, rather than permits, DADP to cease licensure application review if: a) An application indicates, or DADP determines, that the applicant previously had a license that was revoked in the past two years, or denied or suspended within the preceding year, b) The applicant has not paid the required license fee; or Q The county in which the licensee is located certifies to htip://www.leginfo.ca.gov/pub/bill/asm/ab .../ab 930_cfa 19990419-14555 asm eomnm.htm 5/19199 AB 930 Assembly Bill-Bill Analysis Page 4 of 8 DADP's satisfaction that there is no need for the program because of a substantial decamine in medically qualified narcotic treatment patients in the licensee's catchment area, or demonstrates that other applicants for licensure can provide more efficient, costo-effective and sufficient treatment in the catchment area., or that the license should not be renewed due to specified criteria. 12) Requires, rather than permits, DADP to issue an order prohibiting a narcotic treatment program from admitting new patients or from providing patients with take-home dosages of a replacement narcotic, when the director determines that a program has a) Failed to provide adequate security measures over its narcotic drug supply; b) Failed to maintain a reconciliation system that accounts for all incoming and outgoing narcotic drugs; C) Diverted narcotic drugs; d) Repeatedly violated one or more departmental or federal regulations, which violations may subject, or may have subjected, a patient to a health or life-endangering situation; e) Repeatedly violated one or more departmental or federal regulations governing take-home medication; or AS 930 Page.—o f) Operated above licensed capacity. 13) Deers a DAD? order to be vacated. when DADP accepts a corrective action plan and ensures conformity with the required action set out in the order, or when DADS' fails to reject a plan within 10 working days after receipt of the plan.. 14) Expands the reasons for which DAD? may temporarily suspend a license, to include protecting the health and safety of the local community. 15) Requires DADP to suspend a license, and to notify a program. within 5 days following the director's final determination, after a hearing in which the outcome is adverse to the license. 16) Repeals an existing requirement that a program's failure to maintain a drug reconciliation system, which accounts for incoming and outgoing drugs, creates a rebuttable presumption that narcotic drags are being diverted. :WX!Sfi NQ SIAL authorizes DADP to license and regulate narcotic bhp;//www.leginfo.ca. ov/ ub/bill/asm/ab_."/ab-930 cfa 19990419_145556_asm comm.htin 5/19/99 -AB 930 Assembly Bill-Bill Analysis Nge 5 of 8 treatment programs, and permits DADP, as a matter of discretion, to suspend, deny, modify or revoke such programs. FISCAL EFFECT . Unknown COMMENTS . Q P:IRPOSE OF THIS BILL Los Angeles County (sponsor) indicates that requirements for DADP to regulate methadone maintenance programs must be strengthened because of the number of repeated violations by, or on the premises of, methadone clinics licensed throughout the state that are endangering surrounding communities. The sponsor intends this bill to: a) Prevent applicants who have failed to operate other methadone clinics legally from obtaining a new license; b) Expand the annual inspection to include consultation with local law enforcement and local government when reviewing renewal applications; AB 930 Page 6 W Allow counties to work with clinics to ensure safety in surrounding communities; and d) Increase penalties for agencies that do not operate in good faith or who permit illegal activities to take place at methadone clinics. The sponsor argues that federal, state and county agencies have limited authority to take corrective action against methadone maintenance clinics. According to the sponsor, the DEA limits its involvement to the review of policies and procedures on methadone inventory and the maintenance of accurate methadone documentation. it does not get involved in issues of distribution of methadone by the agencies or the amount of methadone that eventually ends up on the street. DEA may claim that those areas are under the control of local law enforcement. Los .Angeles County contends that local law enforcement are often unaware of the existence of methadone clinics unless there is a lot of criminal activity in the area, or if they receive complaints from local businesses or residents. The County cites drug dealing, methadone sales, petty theft, vandalism, and destruction of private property as criminal activities that occur near methadone clinics. however, local governments do not have the authority to close an agency that may be operating unethically or illegally. i)STJPPORT . The County Alcohol and Drug Program Administrators (CADPAAC) asserts that by imposing stronger sanctions against clinics that operate unethically or illegally, this bill benefits those programs that are run safely and legally. More ttpo//wvT"Aleginfo.ca.gov/publbiiUasm/ab--.../ab 930_cfa 19990419_145555 as comm.ht 5/19/99 B 930 Assembly Bill_ Bill Analysis Fuge 6 of 8 importantly, it will ensure that community safety is not jeopardized. 2; v'.nAm iS ET ADC �AII I�Ax ? Replacement narcotic therapy, comysorsly referred to as methadone maintenance, is a form of medical treatment for persons addicted to heroin and other narcotic drugs. According to DADP, the term "addiction" is used to describe behavior that is compulsive, out of control, and persists in spite of adverse consequences. Two medications used for this treatment are methadone and levo-alpha-acetyl,methadol. (LAAM) , which do cause physical dependence, :out have not been found to cause serious side effects. Methadone enables a person addicted to narcotics to El _AS 930 — �— Page 7 live a much more stabilized life, and may permit a patient to work full time, and otherwise function socially. Both methadone and LAAM are longer acting than heroin and other street drugs. The effects of methadone last 24-48 hours, compared with heroin's 4-6 hours. LAAM can suppress the symptoms of withdrawal for up to 72 hours and block the "high" often associated with illicit opiate use. This longer time period helps to prevent cycling from craving, to an euphoric state, to nodding, to restlessness and back to craving every few hours. According to DADP, over time, most patients in replacement treatment eliminate all illicit drug use. 3Q SCOPE CE' PROBL M AND AVAILABL TREAT"MEiv _ . DADP estimates that there are over 125, 000 people in California addicted to the intravenous use of heroin. According to a recent report prepared for The Urban Coalition of County Drag and Alcohol Administrators, there are only 17 counties in which outpatient methadone treatment is available. 'There are few enough clinics that transportation to and from the clinics is a challenge for clients. In 1995 in Los Angeles County, there were 2,311 residential treatment spaces, 187 openings, and a waiting list of 620 people. Persons with the severest addictions, who need residential treatment, may turn to outpatient services that are inadequate to meet their needs. 4}TREATMEN` REDUCES CRIME AICD PRUG USE . According to a study prepared on behalf of the U.S. Department of Health and Human Services, clients enrolled in methadone maintenance programs substantially reduced both illicit drug use and criminal activity. The prevalence of heroin use in the first year of treatment was of the pre-treatment rate, and cocaine use was cut in half. The study concluded that "publicly funded methadone, residential., therapeutic, community and outpatient counseling treatment programs are effective in reducing levels of drug use and criminal behavior and that long-term treatment helps addicts become more productive members of society." 51M IH.ADONE REDUCES PUBLIC HEALTH TUSKS Since methadone and LAAM are invested orally, problems associated with intravenous drug use, such as risk of transmission of human hitp.//www.le info.ea. ov/pub/bill/asm/ab_."/ah 9303 cRt 19990419_145556 assn—coo .ht 5/19/99 AB 930 Assembly Bill -Bill Analysis Page 7 of 8 immunodeficiency virus (HIV) and tuberculosis, may be reduced through methadone maintenance programs. 6)PRIOR LEGISLATION AB 1791 (Diller, 1998) would have required DADP to convene a task force to study the proliferation, AB 939 Page 8 over-concentration, and business practices of narcotic treatment programs, and revised the rate setting methodology for narcotic treatment doses and ingredient costs. In his veto message, then-Governor Wilson indicated that DADP implemented a uniform reimbursement process for ingredient costs and dosing rates in the 1.998-99 fiscal year. Further, Wilson stated. that DADP was already in the process of assessing the siting, availability and accessibility of programs. It is unclear what review DADP may be undertaking. 7)RELATED LEGISLATION AB 619 (Briggs) , also scheduled to be heard by this Committee on April 20, states legislative intent that DADP expand the range of services allowed in narcotic treatment urograms, revises state drug policy goals to include freedom from all drugs, including methadone, and grants counties substantial authority to decide which providers may operate in a county, to conduct utilization review of individual client treatment, and to determine payment rates. REGISTERED SUPPORT / OPPOSITION __S�Unport Los Angeles County (sponsor) California Alcohol and Drug Program Administrators Association of California Opposition None on file Analysis Prepared by . Ann Blackwood / HEALTH / (916) 319--2097 bmp:YvA w.leginfo.ca.gov/pub/bill/asm/ab -*/ab 930—cRt 19990419_145556_as _co .httn 5/19/99 AB 930 Assembly Bili-Bill Analysis Page 8 of 8 bttp:// .leginfo.ca.gov/pub/biil/asm/ab ..Jab 93(} cfa 19990419_145556_asn- comm.htm 5/19/99 TO: Board of Supervisors Con ra FROM: Transportation, Water and Infrastructure y ?' Costa Committee County DATE: May 17, 1999 SUBJECT; Adopt Positions on Transportation-Related Legislation SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS SUPPORT AB 537 (Groner-D) Increases the apportionment of State revenues to the West Contra Costa Unified School District for home-to-school transportation. SUPPORT Qualified AB 1650 (Torlakson-D) Revises a broad range of transportation-related statutes. The SUPPORT position is limited to the bicycle transportation plan requirements. Withdmw SUPEORT AB 1647 (Torlakson-D) Decent amendments changed the subject of bill from bicycle planning to the establishment of requirements for the operation of High Occupancy Vehicle lanes. FISCAL IMPACT None. CONTINUED ON ATTACHMENT: _YES SIGNATURE —RECOMMENDATION OF COUNTY ADMINISTRATOR - - X RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER f v� SIGNATURE(S): Supervisor Donna Gerber, Chair Supervisor Mark DeSaulnier ACTION OF BOARD ON May 25 , 1999 APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND UNANIMOUS (ABSENT m - m - CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN. Contact: Steven Goetz(925/335-1240) ATTESTED_ May 25 , 1999 cc: Community Development Department (CDD) PHIL BATCHELOR, CLERK OF THE State Legislative Delegation (via CDD) BOARD OF SUPERVISORS AND Smith & Kempton (via CDD) COUNTY ADMINISTRATOR West Contra Costa USD (via CDD) abo\ BY :- , DEPUTY Adopt Positions on Transportation-Gelated Legislation May 17, 1999 Page 2 . BACKGRRQUO/R AEONS FOR RECOMMENDATIONS On May 17, 1999 the Transportation, Water and Infrastructure Committee reviewed the status of various transportation-related bills. The following is a report on certain bills for the Board's consideration. Pursuant to the Board's request; copies of each bill are attached as exhibits. AB 537 ner-D,1 Home-to-S pool Trans rta 'gn (See Exhibit Al: Existing law establishes a formula apportionment by the State Superintendent of Public Instruction of an amount from the State School Fund to fund home-to-school transportation. This bill would establish an alternative formula for funding home-to-school transportation. The West Contra Costa Unified School District would be the only school district eligible under the alternative formula. The District would be eligible to receive $1.05 million annually for home-to-school transportation, compared to their current funding level of$232,000. The District could use the funds to contract with AC Transit for enhanced school transportation. 8B 1650 (Torlakson-Dl T� rans,portation Bill.- Bicycle Planning (See Exhibit B): This bill would implement non-controversial changes to State law that affect transportation. This bill includes provisions previously provided by AB 1647 {Torlakson-D}which the Board had adopted a position of support. Those provisions would delete existing requirements for a city or county to prepare a bicycle transportation plan with certain elements to be eligible for State Bicycle Transportation Account funds, and authorize certain alternative documents to be used by a city or county for State Bicycle Transportation Account fund eligibility instead of a bicycle transportation plan. The Committee recommends that the Board support this provision of the bill. The Committee takes no position on other provisions of the bill. AB 4 rl a Vehicle (HQV) anes (See Exhibit : On April 15, 1999, the Board adopted a position of support on this bill as it revised bicycle transportation plan requirements. Recent amendments replaced this language with requirements for the operation of HOV lanes. This bill would require Caltrans to prepare criteria for measuring the effectiveness of proposed HOV lanes, apply these criteria to an HOV lane 16 months after it becomes operational, and if the HOV lane does not satisfy the criteria, to implement a strategy to satisfy the criteria. If the strategy is unsuccessful, Caltrans would initiate a process to convert the HOV lane to mixed-flow use. This bill would require Caltrans to evaluate all existing HOV lanes to determine their affect on traffic congestion, if the HOV lane is ineffective, to implement a strategy to relieve traffic congestion, including a strategy to convert the HOV lane to mixed-flow. The Committee is currently monitoring all HOV lane legislation, and does not recommend that the Board take a position on any legislation affecting HOV lanes at this time. 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