SB 902: Alcoholism or drug abuse recovery or treatment facilities.

Existing law provides for the licensing and regulation of alcoholism or drug abuse recovery or treatment facilities, as defined, by the State Department of Health Care Services. Existing law requires the Department of Justice to furnish state or federal summary criminal history information to authorized agencies and organizations for employment, licensing, or certification purposes.

This bill would require the department to conduct a secure state and federal level criminal history background check information for the applicant before issuing a license for an alcoholism or drug abuse recovery or treatment facility. The bill would provide that a past criminal conviction or pending criminal charge does not serve as an automatic exclusion for licensure and would require the department to evaluate the circumstances of the conviction or pending charge and determine if the applicant meets all other requirements for licensure. The bill would authorize the department, after conducting this review, to grant a license if the department determines that the applicant is capable of complying with all statutes and regulations regarding licensure and that granting the license will not endanger the public health, safety, or welfare. The bill would generally prohibit the department from issuing a license to an applicant who has been convicted of specified offenses or who has voluntarily surrendered his or her medical license, or had his or her medical license revoked, but would authorize the department to grant a waiver for an applicant after evaluating the circumstances leading to his or her conviction or loss of a medical license and evaluating the applicants behavior and circumstances after the conviction or loss of a medical license, as specified. The bill would require the department to grant a waiver for an applicant if he or she participated in the Offender Mentor Certification Program offered by the Department of Corrections and Rehabilitation and has received a counseling certificate.