Bill Text: CA AB2491 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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BILL NUMBER: AB 2491	AMENDED
	BILL TEXT

	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.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2491, as amended, Nestande. Alcohol and drug abuse treatment
facilities: sober living homes.
   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  a  residence housing  those
  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 11834.255 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  under direct medical supervision.
  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  those   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.