CITY OF HUNTINGTON BEACH
2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702
GRACEY VAN DER MARK
MAYOR
714.536.5553
May 8, 2024
The Honorable Laurie Davies
California State Assembly
1020 O Street
Sacramento, CA 95814
RE: AB 2081 – SUPPORT
Dear Assemblymember Davies,
On behalf of the City of Huntington Beach, I write to express our support for AB 2081, which requires an operator of a licensed alcoholism or drug abuse recovery or treatment facility (RTF) or certified alcohol or other drug (AOD) program to disclose on its internet website if a legal, disciplinary, or other enforcement action has been brought by the Department of Health Care Services (DHCS).
Over the past few years, there has been a proliferation of recovery facilities in the City of Huntington Beach. Those seeking services from these facilities have no current way to check if the entity has received any disciplinary or enforcement actions for wrongdoings. Many times, these bad actors are allowed to operate without limitation and have been known to do more harm than good to their clients.
Our hands are tied when it comes to enforcing against these bad actors. Requiring them to post on their website any disciplinary or enforcement action brought by the DHCS will hopefully result in them cleaning up their act or going out of business.
Your leadership in this area is greatly appreciated.
Sincerely,
Gracey Van Der Mark
Mayor
Cc: Huntington Beach City Council
AMENDED IN ASSEMBLY APRIL 4, 2024
AMENDED IN ASSEMBLY MARCH 13, 2024
california legislature—2023–24 regular session
ASSEMBLY BILL No. 2081
Introduced by Assembly Member Davies
February 5, 2024
An act to add Section 11831.10 11831.5 to the Health and Safety Code, relating to substance abuse treatment.
legislative counsel’s digest
AB 2081, as amended, Davies. Substance ab use: reco very and treatment programs.
Existing law grants the State Department of Health Care Services the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities. The department is authorized to issue a license to specified types of facilities if certain criteria are met.
Existing law requires licensees to report specified events and incidents to the department, including, among others, the death of a resident at a licensed facility. Existing law authorizes the department to investigate allegations of violations of governing law and take action upon a finding of a violation, as specified.
This bill would require an operator of a licensed alcoholism or drug abuse recovery or treatment f acility or certified alcohol or other drug program to include a disclosure on its internet website if a le gal, disciplinary, or other enforcement action has been brought by the department and the facility or program was determined to be in violation.
The bill w ould require the internet website disclosure to include the date and nature of the violation, and require the disclosure to be posted
97 no later than 14 business days after the determination of violation. The bill would impose a $2,500 civil penalty for failure to comply with the internet website posting requirement. on its internet website and intake form paperwork a disclosure that an individual may check the internet website of the State Department of Health Car e Services to confirm whether the facility’s license or program’s certification has been placed in probationary status, been subject to a tempor ary suspension order, been revoked, or the operator has been given a notice of oper ation in violation of law. The bill would require the disclosure to include a link to the department’ s internet website that contains the Pr obationary Status, Temporary Suspension Order, Revoked and Notice of Operation in Violation of Law Program List. The bill would authorize a violation of this requirement to be subject to penalty imposed by the department.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 11831.5 is added to the Health and Safety line 2 Code, to read:
line 3 11831.5. (a) An operator of a licensed alcoholism or drug line 4 abuse r ecovery or tr eatment facility , as defined in Section line 5 11834.02, or a certified alcohol or other drug pr ogram shall line 6 include on its internet website and intak e form paperwork a line 7 disclosure that an individual may check the internet website of the line 8 Department of Health Car e Services to confirm whether the line 9 facility’s license or pr ogram’s certification has been placed in line 10 probationary status, been subject to a temporary suspension order, line 11 been revoked, or the operator has been given a notice of operation line 12 in violation of law . The disclosur e shall include a link to the line 13 department’s internet website that contains the Pr obationary line 14 Status, Temporary Suspension Or der, Re voked and Notice of line 15 Operation in Violation of Law Program List.
line 16 (b) A violation of subdivision (a) shall be subject to penalty by line 17 the department pursuant to Section 11831.7.
line 18 SECTION 1. Section 11831.10 is added to the Health and line 19 Safety Code, immediately following Section 11831.9, to read:
line 20 11831.10. (a) An operator of a licensed alcoholism or drug line 21 abuse reco very or treatment f acility, as defined in Section line 22 11834.02, or a certified alcohol or other drug program shall include 97 — 2 — AB 2081
line 1 a disclosure on its internet website if a legal, disciplinary, or other line 2 enforcement action has been brought by the department and the line 3 facility or program has been determined through that action to be line 4 in violation of this chapter. The disclosure shall include the date line 5 of the violation and nature of the violation, and shall be posted line 6 within 14 business days following the determination of violation. line 7 (b) A violation of subdi vision (a) shall be subject to a line 8 two-thousand-five-hundred-dollar ($2,500) civil penalty.
O
97 AB 2081 — 3 —