SB 1308
Initials AG Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
Senate: HHS DP 6-1-0-0 | 3rd Read 20-7-3-0
House: HHS DP 12-0-0-0
SB 1308: sober living homes
Sponsor: Senator Carroll, LD 28
Caucus & COW
Overview
Makes various modifications relating to the licensing, oversight and regulations of sober
living homes. Raises the cap on civil penalties for violations of sober living home regulations
from $500 to $1,000. Establishes standards for the inspection and penalizing of sober living
homes that are noncompliant with applicable state and local regulations.
History
A sober living home is any premises, place or building that provides alcohol-free or drug-free
housing that: 1) promotes independent living and life skills development; 2) may provide
activities that are directed primarily toward recovery from substance use disorders; 3)
provides a supervised setting to a group of unrelated individuals who are recovering from
substance use disorders; and 4) does not provide any medical or clinical services or medication
administration on-site, except for verification of abstinence (A.R.S. § 36-2061).
The Arizona Department of Health Services (DHS) is required to adopt rules to establish
minimum standards and requirements for the licensure of sober living homes in Arizona that
are necessary to ensure public health, safety and welfare. The DHS Director may use the
current standards adopted by any recognized national organization approved by DHS as
guidelines in prescribing the minimum standards and requirements. Statute outlines the
minimum standards necessary for the DHS Director to adopt for sober living homes. A person
operating a sober living home in Arizona that has failed to attain or maintain licensure must
pay a civil penalty of $1,000 per violation (A.R.S. § 36-2062).
On determination by the DHS Director that there is reasonable cause to believe a sober living
home is not adhering to the licensing requirements, the DHS Director and any duly assigned
DHS employee or agent may enter the premises of the sober living home at any reasonable
time to determine the home's state of compliance. If an inspection reveals that the sober
living home is not adhering to the licensing requirements, the DHS Director may take action.
Any sober living home whose license has been suspended or revoked is subject to inspection
on the application for relicensure or reinstatement of a license. The DHS Director may impose
a civil penalty on a person who violates any sober living home regulations in an amount of
not more than $500 for each violation (A.R.S. § 36-2063).
A sober living home that is certified by a certifying organization may operate and receive
referrals in Arizona. A sober living home certification is in lieu of licensure until the sober
living home is licensed. A certified sober living home must apply to DHS for licensure within
90 days after DHS's initial licensing rules are final. DHS must notify the certifying
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note SB 1308
Initials AG Page 2 Caucus & COW
organization when the initial licensure rules are final. In lieu of an initial on-site licensure
survey and any annual on-site survey, DHS must issue a license to a sober living home that
submits an application prescribed by DHS and that meets the following requirements: 1) is
currently certified as a sober living home by a certifying organization; and 2) meets all DHS
licensure requirements (A.R.S. § 36-2064).
Provisions
DHS Standards and Requirements
1. Specifies that DHS's minimum health and safety standards for sober living homes must
include policies and procedures that require each sober living home to maintain an
environment that:
a) promotes the recovery, health and safety of residents and the safety of the
surrounding neighborhood and community at large; and
b) is always free from alcohol and illegal substances and requires abstinence from alcohol
and illicit drugs. (Sec. 4)
2. Requires DHS standards and requirements for the licensure of sober living homes to
include policies and procedures for:
a) providing activities that promote independent living and life skills development;
b) notifying DHS of a death, permanent or severe harm or overdose of a resident; and
c) providing activities directed primarily toward recovery from substance use disorders.
(Sec. 4)
3. Requires DHS standards and requirements for the licensure of sober living homes to
include policies and procedures to be implemented if a license is suspended or revoked.
(Sec. 4)
4. Requires DHS to identify on each license the maximum number of residents who are
allowed to live in the sober living home, including any manager or other staff living on
the premises. (Sec. 4)
5. Directs DHS or its third-party contractor to conduct a physical, on-site inspection of a
sober living home to verify compliance with sober living home regulations:
a) before issuing a license or approving any proposed change in the maximum number
of residents or any construction or modification of a sober living home;
b) at least annually for each sober living home;
c) on determination by the DHS Director that reasonable cause exists that a sober living
home is not adhering to sober living home regulation; and
d) on notification by a sober living home that the sober living home believes it is in
substantial compliance with sober living home regulations. (Sec. 6)
6. Requires DHS or its third-party contractors after receiving a complaint that identifies an
alleged violation to complete an investigation of the sober living home that is the subject
of the complaint and conduct a physical inspection if:
a) requested by law enforcement; or
b) DHS determines there is reasonable cause to believe the sober living home is not
adhering to the sober living home regulations. (Sec. 6)
Disciplinary Action
7. Allows the DHS Director to deny, revoke or suspend a sober living home license if any
owner, officer, agent or employee of the sober living home:
a) violates sober living home statutes or rules; SB 1308
Initials AG Page 3 Caucus & COW
b) commits a felony rising out of or in connection with the operation of a sober living
home; or
c) knowingly aids, allows or abets in submitting false or inaccurate information required
under law. (Sec. 6)
8. Specifies that, if a licensee, owner, officer, agent or employee of a sober living home
refuses to allow DHS or its agent to inspect the premises, the action is deemed reasonable
cause to believe that a substantial violation has occurred. (Sec. 6)
9. Enables the DHS Director, if there is reasonable suspicion that a violation has occurred
that immediately affects the life or safety of residents, to order one or more of the following
sanctions until the sober living home is in substantial compliance with applicable statutes
and rules:
a) the immediate restriction of the acceptance and reacceptance of residents to the sober
living home;
b) the selected transfer of residents out of the sober living home;
c) the reduction of capacity; or
d) the termination of any specific service, policy, procedure or practice. (Sec. 6)
10. Instructs a sanctioned sober living home to notify DHS in writing when it believes it is in
substantial compliance. (Sec. 6)
11. Keeps the current sanctions on a sober living home if DHS:
a) determines that the sober living home is not in substantial compliance on an initial
inspection; or
b) determines that the sober living home is not in substantial compliance on a repeat
inspection. (Sec. 6)
12. Requires DHS to conduct an inspection of a sanctioned sober living home within 14 days
after receiving notification of substantial compliance. (Sec. 6)
13. Requires DHS to immediately rescind any sanctions if it determines that the sober living
home is in substantial compliance. (Sec. 6)
14. Allows a sanctioned sober living home to notify DHS again that it is in substantial
compliance within 14 days after the initial inspection. (Sec. 6)
15. Requires DHS to conduct a follow-up inspection if a sanctioned sober living home has
notified the agency within 14 days after the initial inspection. (Sec. 6)
16. Allows a sanctioned sober living home to notify DHS of substantial compliance no sooner
than 30 days after the date of the last inspection. (Sec. 6)
17. Specifies that if DHS does not conduct an inspection within the 14-day timeframe then
the sanctions have no further effect. (Sec. 6)
18. Requires sober living home notifications of substantial compliance to be made by certified
mail. (Sec. 6)
19. Permits a licensee subject to an intermediate sanction by the DHS Director to request a
hearing, in writing and within 10 days of sanctioning, to review the action. (Sec. 6)
20. Requires the Office of Administrative Hearings (OAH) to conduct an administrative
hearing within seven business days after the notice of appeal has been filed. (Sec. 6) SB 1308
Initials AG Page 4 Caucus & COW
21. Allows the DHS Director to issue a cease and desist order against a sober living home
that does not hold a current or valid license or that exceeds the scope of authorized
activities or services. (Sec. 6)
22. Enables the Attorney General or a county attorney to bring an action for injunction to
restrain a sober living home violation or to enjoin future operation of maintenance of the
sober living home until it is in compliance. (Sec. 6)
23. Permits DHS, before issuing a cease and desist order or bringing an action for an
injunction, to issue the owner or agent of a noncompliant sober living home a certified
letter stating the factual basis for DHS's belief that the sober living home is operating in
violation, which may include a description of the available enforcement options if the
violations continue. (Sec. 6)
24. Instructs DHS to notify, within five business days, a political subdivision that requests
an update on the status of a complaint investigation and to provide its findings, including
copies of investigative reports without personal identifying information, if requested.
(Sec. 6)
25. Forbids investigative reports that are prepared by DHS or its third-party contractor from
including personal identifying information of sober living home residents. (Sec. 6)
26. Deems a licensee's record of conviction, or a copy of the record certified by the applicable
clerk of the court or judge, as conclusive evidence of a conviction for purposes of denial,
revocation or suspension of licensure.
27. Allows DHS to continue to pursue any court, administrative or enforcement action
against a licensee even if the sober living home is in the process of being sold, transferred
or has closed. (Sec. 11)
28. Enables DHS to revoke or suspend a sober living home license or deny an application if:
a) the applicant, licensee or a controlling person has a sober living home or health care
institution license that is in an enforcement or court action related to the health and
safety of residents;
b) DHS has determined that the issuance of a license is likely to jeopardize resident
safety;
c) the applicant, licensee or a controlling person has had, in any state or jurisdiction, an
application or license to operate a sober living home or health care institution denied,
suspended or revoked unless the denial was based on the failure to complete the
licensing process or pay a required licensing fee within the required time frame;
d) the applicant, licensee or a controlling person has had a health professional license or
certificate denied, suspended or revoked; or
e) the applicant, licensee or a controlling person provides false or misleading information
to DHS. (Sec. 11)
29. Permits DHS to deny a change in ownership of a sober living home if it is determined that
the transfer, whether involving a direct or indirect owner, may jeopardize patient safety.
(Sec. 11)
Civil Penalties
30. Raises the cap on civil penalties for violations of sober living home regulations from $500
to $1,000. (Sec. 6) SB 1308
Initials AG Page 5 Caucus & COW
31. Allows a civil penalty for violation of sober living home regulations to be assessed for each
resident or person determined to be impacted by DHS. (Sec. 6)
32. Requires a person operating a sober living home that has failed to obtain or maintain
licensure of the sober living home to pay an additional civil penalty of up to $1,000 for
each violation. (Sec. 6)
33. Requires DHS when determining the amount of a civil penalty to consider:
a) repeated violations of statutes or rules;
b) patterns of noncompliance;
c) types and severity of violations;
d) the potential for and occurrences of actual harm, including to staff or residents;
e) threats to health and safety, including to staff or residents;
f) the number of persons affected by the violations;
g) the number of violations;
h) the size of the facility; and
i) the length of time that the violations have been occurring. (Sec. 6)
34. Subjects a sober living home with a business relationship with a person or entity found
to be engaging in fraudulent, abusive or misleading health-care related practices to daily
civil penalties, including license suspension or revocation. (Sec. 6)
35. Asserts that each day a violation occurs constitutes a separate violation. (Sec. 6)
Local Jurisdictions
36. Requires municipalities with zoning ordinances that restrict the distance between sober
living homes or enact building or fire code requirements for the operation of sober living
homes to establish a procedure in which a deviation from the requirements may be
granted as a reasonable accommodation under the federal Fair Housing Act. (Sec. 1)
37. Prohibits municipalities from reclassifying single-family homes that are under a local
building or fire code solely because it is the subject of a sober living home license
application. (Sec. 1)
38. Requires a sober living home to:
a) obtain and maintain current documentation from the local jurisdiction verifying
compliance with all local zoning, building, fire and licensing ordinances and rules; and
b) provide the documentation to DHS on request and in the application for a license when
requesting approval for any proposed change in the maximum number of residents or
any construction or modification of the sober living home. (Sec. 4)
39. Directs DHS to notify a local jurisdiction of all initial licenses issued in that jurisdiction
in the preceding month if the local jurisdiction provides contact information to DHS for
notifications relating to sober living homes. (Sec. 9)
40. Stipulates that DHS is not obligated to provide notifications relating to sober living homes
to a local jurisdiction that does not provide its contact information to DHS. (Sec. 9)
Fingerprinting Requirements
41. Specifies, as a condition of licensure for sober living homes that receive government-
funded referrals or public funding, the licensee and each staff member of the sober living
home must:
a) have a valid fingerprint clearance card; or SB 1308
Initials AG Page 6 Caucus & COW
b) apply for a fingerprint clearance card within 20 days of beginning employment or
contracted work. (Sec. 11)
42. Requires licensees to make a documented, good faith effort to verify the status of each
paid staff member's fingerprint clearance card. (Sec. 11)
43. Requires a licensee or paid staff member to submit a completed application provided by
the Department of Public Safety within 20 days of beginning employment or contracted
work. (Sec. 11)
44. Forbids a sober living home, with exception, from allowing a paid staff member to
continue employment or contracted work if the person has been denied a fingerprint
clearance card or had a card revoked or suspended. (Sec. 11)
45. Excludes from fingerprint clearance card requirements, until a decision is made by the
Board of Fingerprinting, licensees and staff members who are eligible for and provide
documentation of having applied for a good cause exception but who have not yet received
a decision. (Sec. 11)
46. Permits a sober living home to employ or continue to employ a staff member who is denied
a fingerprint clearance card if the staff member:
a) successfully completes treatment for substance use or, if applicable, recidivism
reduction as prescribed by rule; and
b) passes a background and screening evaluation conducted by the sober living home,
including prior employment or personal reference checks, demonstrating that the
individual is not a threat to the health or safety of the residents of the home. (Sec. 11)
47. Makes the fingerprint clearance card requirements effective six months after the general
effective date. (Sec. 15)
Certified Sober Living Homes
48. Removes the ability of a certified sober living home to use certification in lieu of licensure
until it becomes licensed. (Sec. 7)
49. Requires a certified sober living home seeking licensure without inspection to submit that
it:
a) does not receive any monies from the state or federal government; and
b) has not been subject to an enforcement action within the preceding year. (Sec. 7)
50. Permits the DHS Director to accept proof that a sober living home is certified in lieu of
all required compliance inspections if the:
a) DHS Director receives a copy of the sober living home's certification report for the
licensure period and the sober living home; and
b) sober living home is certified by a certifying organization. (Sec. 7)
51. Enables DHS, if a certification report is not valid for a sober living home's entire licensure
period, to conduct a compliance inspection of the sober living home during the time period
in which DHS does not have a valid certification report. (Sec. 7)
Miscellaneous
52. Redefines sober living homes to mean any premises, place, dwelling unit or person that
provides any premises, place or dwelling unit, that may provide verification of abstinence
and that does at least one of the following: SB 1308
Initials AG Page 7 Caucus & COW
a) provides alcohol-free and drug-free housing in a supervised, monitored or peer-led
environment for individuals who are in recovery or seeking recovery from any
substance use disorder; or
b) advertises, markets, holds itself out or otherwise implies through any means,
including oral, written, electronic or printed means, that it provides or will provide a
living environment directed primarily toward recovery from any substance use
disorder, including housing that:
i. provides or arranges for residents to receive any service or activity directed toward
recovery from any substance use disorder; or
ii. arranges for residents to receive any service or treatment directed toward recovery
from any substance use disorder. (Sec. 3)
53. Excludes from the sober living home definition:
a) any premises, place or dwelling unit that is licensed to provide on-site medical
services, behavioral health services or medication administration;
b) any person who provides a premises, place or dwelling unit directed toward recovery
from any substance abuse disorder exclusively to residents who are related to the
person by affinity or consanguinity of the first or second degree, a person who is a
close friend of the person for whom the person serves as a legal guardian, and the
person is not operating the premises, place or dwelling unit as a business and does
not require, collect or receive any form of compensation for profit from the residents,
including insurance or rent; and
c) any housing for persons in recovery from substance use disorders that is self-run, self-
supported, alcohol and drug free, chartered and monitored by a nationally recognized
nonprofit credentialing entity, established in accordance with federal law and held to
the standards of that nationally recognized nonprofit credentialing entity. (Sec. 3)
54. Prohibits a person, behavioral health professional, health care provider, health care
institution or sober living home, regardless of whether the entity is only providing
substance use disorder services, from paying or soliciting any commission, kickback, bribe
or fee-splitting for patient referrals or enrollment in a sober living home. (Sec. 2)
55. Forbids DHS from contracting with any owner, operator, administrator, accrediting body
or association of sober living homes. (Sec. 6)
56. Requires third-party contractors to be paid from the Health Services Licensing Fund.
(Sec. 6)
57. Prohibits sober living home license applicants from self-attesting to compliance in lieu of
an inspection. (Sec. 6)
58. Deems any application for license renewal constitutes permission for and complete
acquiescence in any entry or inspection of the premises during the pendency of the
application. (Sec. 6)
59. Requires licensed behavioral health professionals to refer a patient or client only to a
licensed sober living home. (Sec. 8)
60. Instructs DHS, on request, to disclose the address of a sober living home to a third-party
contractor of DHS. (Sec. 9)
61. Clarifies that sober living homes are not prohibited from publishing or otherwise self-
disclosing its address. (Sec. 9) SB 1308
Initials AG Page 8 Caucus & COW
62. Requires DHS, by January 31, to include in its annual report on sober living homes the
number of complaints against licensed sober living homes:
a) received by DHS each year;
b) investigated by DHS or its third-party contractor; and
c) that resulted in inspections by DHS or its third-party contractor. (Sec. 10)
63. Directs DHS, by January 31, to include in its annual report on sober living homes the
number of:
a) complaints against residences, places, dwelling units or other premises suspected of
being unlicensed sober living homes;
b) investigations resulting from complaints against unlicensed sober living homes,
including how many of those investigated met the legal requirements for sober living
home licensure and how DHS took action on its findings; and
c) enforcement actions taken against licensed and unlicensed sober living homes each
year. (Sec. 10)
64. Contains legislative findings and an intent clause. (Sec. 5)
65. Defines pertinent terms. (Sec. 3, 5 and 11)
66. Makes technical and conforming changes. (Sec. 2-4, 6-10, 12-14)