Bill Text: CA SB1283 | 2015-2016 | Regular Session | Introduced

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

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Bill Title: Substance abuse: structured sober living homes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2016-06-06 - Returned to Secretary of Senate pursuant to Joint Rule 62(a). [SB1283 Detail]

Download: California-2015-SB1283-Introduced.html

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BILL NUMBER: SB 1283	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Bates
   (Principal coauthor: Assembly Member Brough)

                        FEBRUARY 19, 2016

   An act to amend Sections 11834.01, 11834.02, 11834.09, 11834.10,
11834.15, 11834.17, 11834.18, 11834.20, 11834.21, 11834.22, 11834.23,
11834.24, 11834.25, 11834.26, 11834.29, 11834.30, 11834.31,
11834.32, 11834.36, and 11834.50 of, and to add Sections 11834.11 and
11834.265 to, the Health and Safety Code, relating to substance
abuse.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1283, as introduced, Bates.  Substance abuse: adult recovery
maintenance facilities.
   Existing law provides for the licensure and regulation of
alcoholism or drug abuse recovery or treatment facilities serving
adults by the State Department of Health Care Services, as
prescribed.
   This bill would also require the department to administer the
licensure and regulation of adult recovery maintenance facilities, as
defined, pursuant to those provisions. The bill would establish
licensure fees for purposes of administering these provisions. The
bill would make conforming changes.
   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.  The department has the sole authority in state
government to license adult alcoholism or drug abuse recovery or
treatment  facilities.   facilities and adult
recovery maintenance facilities. 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, by no later than July 1, 2017, shall
develop and adopt emergency regulations governing the licensing and
operation of adult recovery maintenance   facilities. 
   (a) In administering this chapter, the department shall issue new
licenses for a period of two years to those programs that meet the
criteria for licensure set forth in Section 11834.03.
   (b) Onsite program visits for compliance shall be conducted at
least once during the license period.
   (c) 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. 
   (d) Except where otherwise directly stated or necessarily implied,
all provisions of this chapter shall apply to adult alcoholism or
drug abuse recovery treatment facilities and to adult recovery
maintenance facilities. 
  SEC. 2.  Section 11834.02 of the Health and Safety Code is amended
to read:
   11834.02.  (a) As used in this chapter, "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. 
   (b) As used in this chapter, "adult recovery maintenance facility"
means any facility, place, or building that provides alcohol- or
drug-free housing whose rules, peer-led groups, staff activities, or
other structured operations are directed toward maintenance of
sobriety for adults in early recovery from substance abuse or who
recently have completed alcoholism or drug abuse recovery or
treatment services who may be required by the licensee to receive
those treatment services at another facility. This facility is
designed to promote independent living in a supervised setting, but
does not require staff onsite on a 24-hour-a-day basis, and does not
provide professional recovery and treatment services onsite. 

   (b) 
    (c)  As used in this chapter, "adults" may include, but
is not limited to, all of the following:
   (1)  Mothers over   Persons  18 years of
age  and their children.   or older. 
   (2) Emancipated minors, which may include, but is not limited to,
 mothers   persons  under 18 years of
 age and their children.   age.  
   (c) 
    (d)  As used in this chapter, "emancipated minors" means
persons under 18 years of age who have acquired emancipation status
pursuant to Section 7002 of the Family Code. 
   (d) 
    (e)  Notwithstanding 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:   the following
licenses:  
   (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. 
This subparagraph does not apply to adult recovery maintenance
facilities.  
   (2) A single license to an adult recovery maintenance facility.
The department shall commence the licensure of adult recovery
maintenance facilities only after the development and adoption of
regulations pursuant to Section 11834.01. However, the licensing
activity shall in no event commence later than January 1, 2018. 

   (b) 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) 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.  Beginning January 1, 2018, no state or local social
services, law enforcement, or corrections agency, or a court,
probation officer, or parole officer may 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 11834.15 of the Health and Safety Code is amended
to read:
   11834.15.   (a) The department shall calculate and establish
the fee for initial licensure and for extension of the period of
licensure. The nonrefundable licensing fee shall be calculated every
two years based upon the department's reasonable cost in
administering the licensure under this chapter for other than local
governmental entities. No fee shall be levied for licensure of local
governmental entities.  
   (b) The license fee proceeds for adult alcoholism or drug abuse
recovery or treatment facilities shall equal the department's
reasonable cost in administering the licensure of these facilities.
 
   (c) The license fee proceeds for adult recovery maintenance
facilities shall be sufficient to cover the department's reasonable
cost in administering the licensure of these facilities. The total
amount of this fee shall not exceed the licensing fee authorized in
subdivision (b).  
    The 
    (d)     The  department may assess
civil penalties in accordance with Sections 11834.31 and 11834.34.
  SEC. 7.  Section 11834.17 of the Health and Safety Code is amended
to read:
   11834.17.  No city, county, city and county, or district shall
adopt or enforce any building ordinance or local rule or regulations
relating to the subject of fire and life safety in alcoholism and
drug abuse recovery facilities  which   or adult
recovery maintenance facilities that  is more restrictive than
those standards adopted by the State Fire Marshal.
  SEC. 8.  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.  
facilities or adult recovery maintenance facilities. 
   (b)  Licensed alcoholism and 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. 9.  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   licensee, 
members of the licensee's family or persons employed as facility
 staff.   staff, or minor dependents of the
resident. 
  SEC. 10.  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,  
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.
   (b)    This section shall not be construed to
prohibit any interested party from bringing suit to invoke the
provisions of this article.
  SEC. 11.  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. 12.  Section 11834.23 of the Health and Safety Code is amended
to read:
   11834.23.  (a) Whether or not unrelated persons are living
together, an alcoholism or drug abuse recovery or treatment facility
 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 the facility shall be considered a family for the
purposes of any law or zoning ordinance that relates to the
residential use of property pursuant to this article.
   (b) For the purpose of all local ordinances, an alcoholism or drug
abuse recovery or treatment facility  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
persons with mental health disorders, foster care home, guest home,
rest home, community residence, or other similar term that implies
that the alcoholism or drug abuse recovery or treatment home  or
the adult recovery maintenance facility  is a business run for
profit or differs in any other way from a single-family residence.
   (c) This section shall not be construed to forbid a 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  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.
   (d) 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
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  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.
   (e) No conditional use permit, zoning variance, or other zoning
clearance shall be required of an alcoholism or drug abuse recovery
or treatment facility  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.
   (f) Use of a single-family dwelling for purposes of an alcoholism
or drug abuse recovery facility  or an adult recovery maintenance
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. 13.  Section 11834.24 of the Health and Safety Code is amended
to read:
   11834.24.  No fire inspection clearance or other permit, license,
clearance, or similar authorization shall 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. 14.  Section 11834.25 of the Health and Safety Code is amended
to read:
   11834.25.   For   (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 January 1, 2017, 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. 15.  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
  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,
the written record requirements shall be modified or adapted for
social model programs. 
   (d) This section shall not apply to adult recovery maintenance
facilities. 
  SEC. 16.  Section 11834.265 is added to the Health and Safety Code,
to read:
   11834.265.  (a) An adult recovery maintenance facility shall
provide, but not be limited to providing, any of the following
recovery maintenance services:
   (1) Aftercare.
   (2) Referral to community recovery resources.
   (3) Peer-led groups.
   (4) Vocational guidance.
   (5) Referral to offsite alcoholism or other drug treatment
services.
   (6) Documentation on progress made or services received from
referral agencies.
   (b) The adult recovery maintenance facility may require or
provide, or both, drug and alcohol testing and self-help groups on or
off the premises.
   (c) The facility shall maintain records in order to document the
services provided.
  SEC. 17.  Section 11834.29 of the Health and Safety Code is amended
to read:
   11834.29.  Any licensee that provides recovery, treatment,
 or detoxification services,   detoxification,
or recovery maintenance services  that is not in compliance with
the requirements of this  article,   article
 shall have one year from the effective date of the regulations
adopted by the department pursuant to this article and pursuant to
Article 5 (commencing with Section 11834.50) to comply. In the event
that the licensee fails to comply, the department shall take action
against the licensee pursuant to Article 4 (commencing with Section
11834.36).
  SEC. 18.  Section 11834.30 of the Health and Safety Code is amended
to read:
   11834.30.  No person, firm, partnership, association, corporation,
or local governmental entity shall operate, establish, manage,
conduct, or maintain an alcoholism or drug abuse recovery or
treatment facility  or an adult recovery maintenance facility
 to provide recovery, treatment,  or detoxification
  detoxification, or recovery maintenance  services
within this state without first obtaining a current valid license
issued pursuant to this chapter.
  SEC. 19.  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   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. 20.  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. 21.  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,
extension of the licensing period, or modification to 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,   license or the adult recovery maintenance
facility license,  including, but not limited to, providing
false information or documentation to the department.
   (6) The licensee's refusal to allow the department entry into the
facility to determine compliance with the requirements of this
chapter or regulations adopted pursuant to this chapter.
   (7) Violation by the licensee of Section 11834.026 or the
regulations adopted pursuant to that section.
   (8) 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 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. 22.  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   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  
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.