Bill Text: CA AB2491 | 2013-2014 | Regular Session | Amended
Bill Title: Substance abuse: adult recovery maintenance facilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2014-08-14 - In committee: Held under submission. [AB2491 Detail]
Download: California-2013-AB2491-Amended.html
BILL NUMBER: AB 2491 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 1, 2014
AMENDED IN ASSEMBLY APRIL 22, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Nestande
FEBRUARY 21, 2014
An act to add Section 11834.255 to the Health and Safety
Code, relating to alcohol and drug abuse treatment.
amend Sections 11834.01, 11834.02, 11834.09, 11834.10, 11834.17,
11834.18, 11834.20, 11834.21, 11834.22, 11834.23, 11834.24, 11834.25,
11834.26, 11834.30, 11834.31, 11834.32, 11834.36, and 11834.50 of,
and to add Section 11834.11 to, the Health and Safety Code, relating
to substance abuse.
LEGISLATIVE COUNSEL'S DIGEST
AB 2491, as amended, Nestande. Alcohol and drug abuse
treatment facilities: sober living homes. Substance
abuse: adult recovery maintenance facilities.
Existing law provides for the licensure, certification, and
regulation of alcoholism or drug abuse recovery or treatment
facilities serving adults, administered by the State Department of
Health Care Services. Existing law requires the department to grant
certification to any alcoholism or drug abuse recovery or treatment
program requesting the certification.
This bill would require the department to also administer the
licensure and regulation of adult recovery maintenance facilities, as
defined, and would require the department to adopt emergency
regulations, applicable only to adult recovery maintenance
facilities, to implement the fee process for initial licensure, and
the provisions for the extension of licensure, followup compliance
visits, and civil penalties. The bill would make conforming changes
to related provisions.
Under existing law, the State Department of Health Care Services
is responsible for licensing and certifying alcoholism and drug abuse
recovery and treatment programs and facilities, as defined,
including both residential and nonresidential programs.
This bill would provide that a sober living home, as defined, is
exempt from licensure under these provisions. The bill also would
provide that residence housing individuals purporting to be
recovering from drug and alcohol abuse would be presumed to be a
sober living home if it has been certified, registered, or approved
by a recognized nonprofit organization that provides a credible
quality assurance service for applicants or members, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11834.01 of the
Health and Safety Code is amended to read :
11834.01. (a) The department has the sole
authority in state government to license adult alcoholism or drug
abuse recovery or treatment facilities and adult recovery
maintenance facilities.
(a)
(b) In administering this chapter, the department shall
issue new licenses for a period of two years to those
programs facilities that meet the criteria for
licensure set forth in Section 11834.03.
(b)
(c) Onsite program facility
visits for compliance shall be conducted at least once during
the license period.
(c)
(d) The department may conduct announced or unannounced
site visits to facilities licensed pursuant to this chapter for the
purpose of reviewing for compliance with all applicable statutes and
regulations.
(e) On or before July 1, 2016, the department, in consultation
with providers of alcohol and other drug recovery, treatment,
detoxification, and adult recovery maintenance services, county
alcohol and drug program administrators, local government
jurisdictions, funding and referral organizations and agencies, and
appropriate state agencies, shall develop and adopt emergency
regulations governing the licensing and operation of adult recovery
maintenance facilities, including regulations governing services
related to special needs as these needs are identified by the
department.
(f) On or before July 1, 2016, the department shall also adopt
emergency regulations, applicable only to adult recovery maintenance
facilities, to implement the fee process for initial licensure, and
the provisions for the extension of licensure, followup compliance
visits, and civil penalties.
SEC. 2. Section 11834.02 of the Health
and Safety Code is amended to read:
11834.02. (a) As used in this chapter, "alcoholism
the following terms have the following meanings:
(1) "Alcoholism or drug abuse
recovery or treatment facility" or "facility"
means any premises, place, or building that provides 24-hour
residential nonmedical services to adults who are recovering from
problems related to alcohol, drug, or alcohol and drug misuse or
abuse, and who need receive alcohol,
drug, or alcohol and drug recovery treatment or detoxification
services.
(2) "Adult recovery maintenance facility" means any premises,
place, or building that provides alcohol- or drug-free housing to
adults whose rules, peer-led groups, staff activities, or other
structured operations are directed primarily toward maintenance of
sobriety for adults in early recovery from substance abuse or adults
who recently have completed alcoholism or drug abuse recovery or
treatment services. The facility shall be designed to promote
independent living in a supervised setting and shall not provide
professional recovery or treatment services as defined in paragraph
(1). The facility may require that adults receive offsite alcoholism
or other drug treatment services. The facility is otherwise
authorized to receive public funds for individual residents. An adult
recovery maintenance facility does not include an unstructured
living arrangement that requires residents to abstain from using
alcohol or drugs.
(b) As used in this chapter, "adults"
(3) "Adults" may include, but is
not limited to, all of the following:
(1) Mothers over
(A) Persons 18 years of age
or older and their minor children.
(2)
(B) Emancipated minors, which may include, but is not
limited to, mothers persons under 18
years of age and their minor children.
(c) As used in this chapter, " emancipated
(4) "Emancipated minors" means
persons under 18 years of age who have acquired emancipation status
pursuant to Section 7002 of the Family Code.
(d)
(b) Notwithstanding paragraph (1) of
subdivision (a), an alcoholism or drug abuse recovery or treatment
facility may serve adolescents upon the issuance of a waiver granted
by the department pursuant to regulations adopted under subdivision
(c) of Section 11834.50.
SEC. 3. Section 11834.09 of the Health
and Safety Code is amended to read:
11834.09. (a) Upon receipt of a completed written application,
fire clearance, and licensing fee from the prospective licensee, and
subject to the department's review and determination that the
prospective licensee can comply with this chapter and regulations
adopted pursuant to this chapter, the department may issue a
single license to the following types of alcoholism or drug abuse
recovery or treatment facilities: any of the
following:
(1) A single license to the following types of alcoholism or drug
abuse recovery or treatment facilities:
(1)
(A) A residential facility.
(2)
(B) A facility wherein separate buildings or portions
of a residential facility are integral components of a single
alcoholism or drug abuse recovery or treatment facility and all of
the components of the facility are managed by the same licensee.
(2) A single license to an adult recovery maintenance facility.
(b) The department shall commence the licensure of adult recovery
maintenance facilities only after developing and adopting
regulations, pursuant to Section 11835, for purposes of Section
11834.01. However, the licensing activity shall not commence later
than January 1, 2017.
(b)
(c) Failure to submit a completed written application,
fire clearance, and payment of the required licensing fee in a timely
manner shall result in termination of the department's licensure
review and shall require submission of a new application by the
prospective licensee.
(c)
(d) Failure of the prospective licensee to demonstrate
the ability to comply with this chapter or the regulations adopted
pursuant to this chapter shall result in departmental denial of the
prospective licensee's application for licensure.
SEC. 4. Section 11834.10 of the Health
and Safety Code is amended to read:
11834.10. A licensee shall not operate an alcoholism or drug
abuse recovery or treatment facility or an adult recovery
maintenance facility beyond the conditions and limitations
specified on the license.
SEC. 5. Section 11834.11 is added to the
Health and Safety Code , to read:
11834.11. A state or local social services, law enforcement, or
corrections agency, court, probation officer, or parole officer shall
not refer any person to an alcoholism or drug abuse recovery or
treatment facility or an adult recovery maintenance facility that is
not licensed.
SEC. 6. Section 11834.17 of the Health
and Safety Code is amended to read:
11834.17. No A city, county, city
and county, or district shall not adopt or enforce any
building ordinance or local rule or regulations
regulation relating to the subject of fire and life safety
in alcoholism and drug abuse recovery facilities which
or treatment facilities or adult recovery maintenance
facilities that is more restrictive than those standards
adopted by the State Fire Marshal.
SEC. 7. Section 11834.18 of the Health
and Safety Code is amended to read:
11834.18. (a) Nothing in this chapter shall authorize the
imposition of rent regulations or controls for licensed alcoholism or
drug abuse recovery or treatment facilities or adult recovery
maintenance facilities .
(b) Licensed alcoholism and or drug
abuse recovery or treatment facilities and adult recovery
maintenance facilities shall not be subject to controls on rent
imposed by any state or local agency or other local government or
entity.
SEC. 8. Section 11834.20 of the Health
and Safety Code is amended to read:
11834.20. The Legislature hereby declares that it is the policy
of this state that each county and city shall permit and encourage
the development of sufficient numbers and types of alcoholism or drug
abuse recovery or treatment facilities and adult recovery
maintenance facilities as are commensurate with local need.
The provisions of this article apply equally to any chartered
city, general law city, county, city and county, district, and any
other local public entity.
For the purposes of this article, "six or fewer persons" does not
include the licensee or , members of
the licensee's family or , persons
employed as facility staff , or minor dependents of the resident
.
SEC. 9. Section 11834.21 of the Health
and Safety Code is amended to read:
11834.21. (a) Any person licensed under
this chapter who operates or proposes to operate an alcoholism or
drug abuse recovery or treatment facility or an adult recovery
maintenance facility , the department or other public agency
authorized to license such a facility, or any public or private
agency which that uses or may use the
services of the facility to place its clients, may invoke the
provisions of this article.
This
(b) This section shall not be
construed to prohibit any interested party from bringing suit to
invoke the provisions of this article.
SEC. 10. Section 11834.22 of the Health
and Safety Code is amended to read:
11834.22. An alcoholism or drug abuse recovery or treatment
facility which or an adult recovery
maintenance facility that serves six or fewer persons shall not
be subject to any business taxes, local registration fees, use
permit fees, or other fees to which other single-family dwellings are
not likewise subject. Nothing in this section shall be construed to
forbid the imposition of local property taxes, fees for water service
and garbage collection, fees for inspections not prohibited by
Section 11834.23, local bond assessments, and other fees, charges,
and assessments to which other single-family dwellings are likewise
subject. Neither the State Fire Marshal nor any local public entity
shall charge any fee for enforcing fire inspection regulations
pursuant to state law or regulation or local ordinance, with respect
to alcoholism or drug abuse recovery or treatment facilities
which or adult recovery maintenance facilities that
serve six or fewer persons.
SEC. 11. Section 11834.23 of the Health
and Safety Code is amended to read:
11834.23. Whether or not unrelated persons are living together,
an alcoholism or drug abuse recovery or treatment facility
which or an adult recovery maintenance facility that
serves six or fewer persons shall be considered a residential
use of property for the purposes of this article. In addition, the
residents and operators of such a the
facility shall be considered a family for the purposes of any law or
zoning ordinance which that relates to
the residential use of property pursuant to this article.
For the purpose of all local ordinances, an alcoholism or drug
abuse recovery or treatment facility which or
an adult recovery maintenance facility that serves six or
fewer persons shall not be included within the definition of a
boarding house, rooming house, institution or home for the care of
minors, the aged, or the mentally infirm, foster care home, guest
home, rest home, sanitarium, mental hygiene home, or other similar
term which that implies that the
alcoholism or drug abuse recovery or treatment home
facility or the adult recovery maintenance facility
is a business run for profit or differs in any other way from a
single-family residence.
This section shall not be construed to forbid any city, county, or
other local public entity from placing restrictions on building
heights, setback, lot dimensions, or placement of signs of an
alcoholism or drug abuse recovery or treatment facility
which or an adult recovery maintenance facility that
serves six or fewer persons as long as the restrictions are
identical to those applied to other single-family residences.
This section shall not be construed to forbid the application to
an alcoholism or drug abuse recovery or treatment facility or an
adult recovery maintenance facility of any local ordinance
which that deals with health and
safety, building standards, environmental impact standards, or any
other matter within the jurisdiction of a local public entity.
However, the ordinance shall not distinguish alcoholism or drug abuse
recovery or treatment facilities which or
adult recovery maintenance facilities that serve six or fewer
persons from other single-family dwellings or distinguish residents
of alcoholism or drug abuse recovery or treatment facilities or
adult recovery maintenance facilities from persons who reside
in other single-family dwellings.
No conditional use permit, zoning variance, or other zoning
clearance shall be required of an alcoholism or drug abuse recovery
or treatment facility which or an adult
recovery maintenance facility that serves six or fewer persons
that is not required of a single-family residence in the same zone.
Use of a single-family dwelling for purposes of an alcoholism or
drug abuse recovery or treatment facility or an
adult recovery maintena nce facility serving
six or fewer persons shall not constitute a change of occupancy for
purposes of Part 1.5 (commencing with Section 17910) of Division 13
or local building codes. However, nothing in this section is intended
to supersede Section 13143 or 13143.6, to the extent those sections
are applicable to alcoholism or drug abuse recovery or treatment
facilities or adult recovery maintenance facilities
serving six or fewer residents.
SEC. 12. Section 11834.24 of the Health
and Safety Code is amended to read:
11834.24. No A fire inspection
clearance or other permit, license, clearance, or similar
authorization shall not be denied to an alcoholism or drug
abuse recovery or treatment facility or an adult recovery
maintenance facility because of a failure to comply with local
ordinances from which the facility is exempt under Section 11834.23,
if the applicant otherwise qualifies for a fire clearance, license,
permit, or similar authorization.
SEC. 13. Section 11834.25 of the Health
and Safety Code is amended to read:
11834.25. (a) For the purposes of any
contract, deed, or covenant for the transfer of real property
executed on or after January 1, 1979, an alcoholism or drug abuse
recovery or treatment facility which that
serves six or fewer persons shall be considered a residential
use of property and a use of property by a single family,
notwithstanding any disclaimers to the contrary.
(b) For the purposes of any contract, deed, or covenant for the
transfer of real property executed on or after the date that
licensure commences for adult recovery maintenance facilities, an
adult recovery maintenance facility that serves six or fewer persons
shall be considered a residential use of property and a use of
property by a single family, notwithstanding any disclaimers to the
contrary.
SEC. 14. Section 11834.26 of the Health
and Safety Code is amended to read:
11834.26. (a) The licensee An alcoholism
or drug abuse recovery or treatment facility shall provide at
least one of the following nonmedical services:
(1) Recovery services.
(2) Treatment services.
(3) Detoxification services.
(b) The department shall adopt regulations requiring records and
procedures that are appropriate for each of the services specified in
subdivision (a). The records and procedures may include all of the
following:
(1) Admission criteria.
(2) Intake process.
(3) Assessments.
(4) Recovery, treatment, or detoxification planning.
(5) Referral.
(6) Documentation of provision of recovery, treatment or
detoxification services.
(7) Discharge and continuing care planning.
(8) Indicators of recovery, treatment, or detoxification outcomes.
(c) In the development of regulations implementing this
section subdivisions (a) and (b) , the written
record requirements shall be modified or adapted for social model
programs.
(d) An adult recovery maintenance facility shall provide at least
one of the following recovery maintenance services:
(1) Aftercare.
(2) Referral to community resources.
(3) Referral to offsite certified alcoholism or other drug
recovery or treatment services when required.
(4) Participation in self-help groups on or off the premises.
(e) An adult recovery maintenance facility may require or provide
drug and alcohol testing and self-help groups on or off the premises.
(f) An adult recovery maintenance facility shall maintain records
in order to document the services provided.
(g) An adult recovery maintenance facility shall maintain
documentation of services provided to and progress made by clients
who are referred to the adult recovery maintenance facility by a
public agency.
SEC. 15. Section 11834.30 of the Health
and Safety Code is amended to read:
11834.30. No (a) A
person, firm, partnership, association, corporation, or local
governmental entity shall not operate, establish, manage,
conduct, or maintain an alcoholism or drug abuse recovery or
treatment facility to provide recovery, treatment, or detoxification
services within this state without first obtaining a current valid
license issued pursuant to this chapter.
(b) A person, firm, partnership, association, corporation, or
local governmental entity shall not operate, establish, manage,
conduct, or maintain an adult recovery maintenance facility to
provide recovery maintenance services within this state without first
obtaining a current valid license issued pursuant to this chapter.
(c) Any provider of both an alcoholism or drug abuse recovery or
treatment facility and an adult recovery maintenance facility shall
hold a separate license for each facility.
SEC. 16. Section 11834.31 of the Health
and Safety Code is amended to read:
11834.31. If a facility is alleged to be in violation of Section
11834.30, the department shall conduct a site visit to investigate
the allegation. If the department's employee or agent finds evidence
that the facility is providing alcoholism or drug abuse recovery,
treatment, or detoxification , or recovery
maintenance services without a license, the employee or agent
shall take the following actions:
(a) Submit the findings of the investigation to the department.
(b) Upon departmental authorization, issue a written notice to
the facility stating that the facility is operating in violation of
Section 11834.30. The notice shall include all of the following:
(1) The date by which the facility shall cease providing
services.
(2) Notice that the department will assess against the facility a
civil penalty of two hundred dollars ($200) per day for every day
the facility continues to provide services beyond the date specified
in the notice.
(3) Notice that the case will be referred for civil proceedings
pursuant to Section 11834.32 in the event the facility continues to
provide services beyond the date specified in the notice.
(c) Inform the facility of the licensing requirements of this
chapter.
SEC. 17. Section 11834.32 of the Health
and Safety Code is amended to read:
11834.32. (a) The director may bring an action to enjoin the
violation of Section 11834.30 in the superior court in and for the
county in which the violation occurred. Any proceeding under this
section shall conform to the requirements of Chapter 3 (commencing
with Section 525) of Title 7 of Part 2 of the Code of Civil
Procedure, except that the director shall not be required to allege
facts necessary to show or tending to show lack of adequate remedy at
law or irreparable damage or loss.
(b) With respect to any and all actions brought pursuant to this
section alleging actual violation of Section 11834.30, the court
shall, if it finds the allegations to be true, issue its order
enjoining the alcoholism or drug abuse recovery or treatment facility
or the adult recovery maintenance facility from
continuance of the violation.
SEC. 18. Section 11834.36 of the Health
and Safety Code is amended to read:
11834.36. (a) The director may suspend or revoke any license
issued under this chapter, or deny an application for licensure, for
extension of the licensing period, or to modify the terms and
conditions of a license, upon any of the following grounds and in the
manner provided in this chapter:
(1) Violation by the licensee of any provision of this chapter or
regulations adopted pursuant to this chapter.
(2) Repeated violation by the licensee of any of the provisions
of this chapter or regulations adopted pursuant to this chapter.
(3) Aiding, abetting, or permitting the violation of, or any
repeated violation of, any of the provisions described in paragraph
(1) or (2).
(4) Conduct in the operation of an alcoholism or drug abuse
recovery or treatment facility or an adult recovery maintenance
facility that is inimical to the health, morals, welfare, or
safety of either an individual in, or receiving services from, the
facility or to the people of the State of California.
(5) Misrepresentation of any material fact in obtaining the
alcoholism or drug abuse recovery or treatment facility license
or the adult recovery maintenance facility license .
(6) Failure to pay any civil penalties assessed by the
department.
(b) The director may temporarily suspend any license prior to any
hearing when, in the opinion of the director, the action is
necessary to protect residents of the alcoholism or drug abuse
recovery or treatment facility or the adult recovery maintenance
facility from physical or mental abuse, abandonment, or any
other substantial threat to health or safety. The director shall
notify the licensee of the temporary suspension and the effective
date of the temporary suspension and at the same time shall serve the
provider with an accusation. Upon receipt of a notice of defense to
the accusation by from the licensee,
the director shall, within 15 days, set the matter for hearing, and
the hearing shall be held as soon as possible. The temporary
suspension shall remain in effect until the time the hearing is
completed and the director has made a final determination on the
merits. However, the temporary suspension shall be deemed vacated if
the director fails to make a final determination on the merits within
30 days after the department receives the proposed decision from the
Office of Administrative Hearings.
SEC. 19. Section 11834.50 of the Health
and Safety Code is amended to read:
11834.50. The department shall adopt regulations to implement
this chapter in accordance with the purposes required by Section
11835. These regulations shall be adopted only after consultation
with appropriate groups affected by the proposed regulations. The
regulations shall include, but not be limited to, all of the
following:
(a) Provision for a formal appeal process for the denial,
suspension, or revocation of a license.
(b) Establishment of requirements for compliance, procedures for
issuance of deficiency notices and civil penalties for
noncompliance.
(c) Provision for the issuance of a waiver for an alcoholism or
drug abuse recovery or treatment facility to serve not more than
three adolescents, or 10 percent of the total licensed capacity,
whichever is less, age 14 years and older, when a need exists and
services specific to adolescents are otherwise unavailable. The
regulations shall specify the procedures and criteria for granting
the waiver. The procedures shall include, but not be limited to,
criminal record reviews and fingerprinting.
(d) Establishment of the elements and minimum requirements for
recovery, treatment, and detoxification , and
recovery maintenance services.
(e) Provision for an expedited process for reviewing an
application for licensure when a license is terminated pursuant to
subdivision (c) of Section 11834.40.
SECTION 1. Section 11834.255 is added to the
Health and Safety Code, to read:
11834.255. (a) The purpose of this section is to provide a
definition of a "sober living home" so as to give both those
purporting to operate these facilities and local code and law
enforcement agencies the ability to determine whether residences
housing former drug and alcohol abusers are exempt from local
regulation or exercise of local police powers. A sober living home,
as defined in this section, shall be exempt from licensure under
Chapter 7.5 (commencing with Section 11834.01).
(b) For purposes of this chapter, "sober living home" means a
residential property that is operated as a cooperative living
arrangement to provide an alcohol- and drug-free environment for
persons recovering from alcoholism or drug abuse, or both, who seek a
living environment in which to remain clean and sober, and that
satisfies all of the following requirements:
(1) Residents of the facility, including live-in managers,
operators, or owners, are living a sober lifestyle.
(2) Residents actively participate in legitimate recovery
programs, including, but not limited to, outpatient treatment,
12-step recovery, and other recognized programs of recovery, and
maintain current records of meeting attendance.
(3) Owners, managers, operators, and residents observe and
promote a zero-tolerance policy regarding the consumption or
possession of alcohol or controlled substances, except for
prescription medications obtained and used as prescribed by a medical
professional. The observation and promotion of this policy may take
into account demonstrable efforts made by residents to respond to,
and prevent additional violations of, the policy.
(4) Owners, managers, operators, and residents do not provide
onsite any of the following services, as they are defined in
subdivision (a) of Section 10501 of Title 9 of the California Code of
Regulations:
(A) Detoxification.
(B) Educational counseling.
(C) Individual or group counseling sessions.
(D) Treatment or recovery planning.
(5) The number of residents who are subject to the sex offender
registration requirements of Section 290 of the Penal Code does not
exceed the limit set forth in Section 3003.5 of the Penal Code and
does not violate the distance provisions set forth in Section 3003 of
the Penal Code.
(6) Residents do not require nonmedical care or supervision, as
those terms are defined in Section 1503.5 and in Title 22 of the
California Code of Regulations.
(7) Owners, managers, operators, and residents ensure that the
property and its use comply with applicable state and local law.
(c) A residence housing individuals purporting to be recovering
from drug and alcohol abuse shall be presumed to be a sober living
home if the residence has been certified, registered, or approved by
a recognized nonprofit organization that provides a credible quality
assurance service for applicants or members. The recognized nonprofit
organization should establish minimum standards for protocols to
address suspected drug and alcohol abuse, protocols to report the
death of a resident, and basic first aid and CPR training.
(d) This section shall not be construed to prohibit minor children
who are dependents of a resident of the facility from also residing
in the facility.
