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| 1 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 1144Introduced by Senator Bates(Coauthor: Senator Pan)February 19, 2020 An act to amend Section 11833.05 of the Health and Safety Code, relating to substance use disorder. LEGISLATIVE COUNSEL'S DIGESTSB 1144, as introduced, Bates. Substance use disorder treatment: licensed facilities and certified programs: disclosures.Existing law requires the State Department of Health Care Services to license and regulate facilities that provide residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. Existing law also requires the department to implement a voluntary certification procedure for alcohol and other drug treatment recovery services. Existing law requires all programs certified and licensed by the department to disclose, among other things, ownership or control of, or financial interest in, a recovery residence, as defined. Existing law requires the department to conduct a site visit to investigate an allegation of an operating unlicensed alcoholism or drug abuse recovery or treatment facility and issue a notice to cease providing services under specified conditions.This bill would require the department to take action against an unlicensed facility that is disclosed as a recovery residence pursuant to these disclosure requirements. The bill would authorize the department to refer a substantiated complaint against a recovery residence to other enforcement entities as appropriate under state or federal law. The bill would make a technical change to refer to licensed facilities in these requirements. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 11833.05 of the Health and Safety Code is amended to read:11833.05. (a) All programs certified by the department pursuant to Chapter 7 (commencing with Section 11830) or facilities licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) shall disclose to the department the following information:(1) Ownership or control of, or financial interest in, a recovery residence.(2) Any contractual relationship with an entity that regularly provides professional services or addiction treatment or recovery services to clients of programs licensed or certified or facilities licensed by the department, if the entity is not part of the program licensed or certified or facility licensed by the department.(b) All programs licensed or certified or facilities licensed by the department shall make the disclosures pursuant to subdivision (a) upon initial licensure or certification, upon renewal of licensure or certification, and upon a licensed facility or certified program acquiring or starting a relationship that meets paragraph (1) or (2) of subdivision (a). The department may suspend or revoke the license or certification of a program for failing to disclose the information required in subdivision (a).(c) The department may suspend or revoke the certification of a program or license of a facility for failing to disclose the information required in subdivision (a).(d) The department shall take action pursuant to Section 11834.31 against an unlicensed facility that is disclosed as a recovery residence pursuant to paragraph (1) of subdivision (a).(e) The department may refer a substantiated complaint against a recovery residence to other enforcement entities as appropriate under state or federal law, including the Department of Insurance, the Department of Managed Health Care, the Attorney General, and the United States Attorney General.(c)(f) For the purposes of this section, recovery residence means a residential dwelling that provides primary housing for individuals who seek a cooperative living arrangement that supports personal recovery from a substance use disorder and that does not require licensure by the department or does not provide licensable services, pursuant to Chapter 7.5 (commencing with Section 11834.01). A recovery residence may include, but is not limited to, residential dwellings commonly referred to as sober living homes, sober living environments, or unlicensed alcohol and drug free residences. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 1144Introduced by Senator Bates(Coauthor: Senator Pan)February 19, 2020 An act to amend Section 11833.05 of the Health and Safety Code, relating to substance use disorder. LEGISLATIVE COUNSEL'S DIGESTSB 1144, as introduced, Bates. Substance use disorder treatment: licensed facilities and certified programs: disclosures.Existing law requires the State Department of Health Care Services to license and regulate facilities that provide residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. Existing law also requires the department to implement a voluntary certification procedure for alcohol and other drug treatment recovery services. Existing law requires all programs certified and licensed by the department to disclose, among other things, ownership or control of, or financial interest in, a recovery residence, as defined. Existing law requires the department to conduct a site visit to investigate an allegation of an operating unlicensed alcoholism or drug abuse recovery or treatment facility and issue a notice to cease providing services under specified conditions.This bill would require the department to take action against an unlicensed facility that is disclosed as a recovery residence pursuant to these disclosure requirements. The bill would authorize the department to refer a substantiated complaint against a recovery residence to other enforcement entities as appropriate under state or federal law. The bill would make a technical change to refer to licensed facilities in these requirements. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
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| 5 | - | Amended IN Senate March 26, 2020 | |
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| 7 | - | Amended IN Senate March 26, 2020 | |
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| 7 | + | ||
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| 9 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
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| 11 | 11 | Senate Bill | |
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| 13 | 13 | No. 1144 | |
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| 15 | - | Introduced by Senator Bates(Coauthor: Senator Pan) | |
| 15 | + | Introduced by Senator Bates(Coauthor: Senator Pan)February 19, 2020 | |
| 16 | 16 | ||
| 17 | - | Introduced by Senator Bates(Coauthor: Senator Pan) | |
| 17 | + | Introduced by Senator Bates(Coauthor: Senator Pan) | |
| 18 | 18 | February 19, 2020 | |
| 19 | 19 | ||
| 20 | 20 | An act to amend Section 11833.05 of the Health and Safety Code, relating to substance use disorder. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | SB 1144, as | |
| 26 | + | SB 1144, as introduced, Bates. Substance use disorder treatment: licensed facilities and certified programs: disclosures. | |
| 27 | 27 | ||
| 28 | 28 | Existing law requires the State Department of Health Care Services to license and regulate facilities that provide residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. Existing law also requires the department to implement a voluntary certification procedure for alcohol and other drug treatment recovery services. Existing law requires all programs certified and licensed by the department to disclose, among other things, ownership or control of, or financial interest in, a recovery residence, as defined. Existing law requires the department to conduct a site visit to investigate an allegation of an operating unlicensed alcoholism or drug abuse recovery or treatment facility and issue a notice to cease providing services under specified conditions.This bill would require the department to take action against an unlicensed facility that is disclosed as a recovery residence pursuant to these disclosure requirements. The bill would authorize the department to refer a substantiated complaint against a recovery residence to other enforcement entities as appropriate under state or federal law. The bill would make a technical change to refer to licensed facilities in these requirements. | |
| 29 | 29 | ||
| 30 | 30 | Existing law requires the State Department of Health Care Services to license and regulate facilities that provide residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. Existing law also requires the department to implement a voluntary certification procedure for alcohol and other drug treatment recovery services. Existing law requires all programs certified and licensed by the department to disclose, among other things, ownership or control of, or financial interest in, a recovery residence, as defined. Existing law requires the department to conduct a site visit to investigate an allegation of an operating unlicensed alcoholism or drug abuse recovery or treatment facility and issue a notice to cease providing services under specified conditions. | |
| 31 | 31 | ||
| 32 | 32 | This bill would require the department to take action against an unlicensed facility that is disclosed as a recovery residence pursuant to these disclosure requirements. The bill would authorize the department to refer a substantiated complaint against a recovery residence to other enforcement entities as appropriate under state or federal law. The bill would make a technical change to refer to licensed facilities in these requirements. | |
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| 34 | 34 | ## Digest Key | |
| 35 | 35 | ||
| 36 | 36 | ## Bill Text | |
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| 38 | - | The people of the State of California do enact as follows:SECTION 1. Section 11833.05 of the Health and Safety Code is amended to read:11833.05. (a) All programs certified by the department pursuant to Chapter 7 (commencing with Section 11830) or facilities licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) shall disclose to the department the following information:(1) Ownership or control of, or financial interest in, a recovery residence.(2) Any contractual relationship with an entity that regularly provides professional services or addiction treatment or recovery services to clients of programs certified or facilities licensed by the department, if the entity is not | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. Section 11833.05 of the Health and Safety Code is amended to read:11833.05. (a) All programs certified by the department pursuant to Chapter 7 (commencing with Section 11830) or facilities licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) shall disclose to the department the following information:(1) Ownership or control of, or financial interest in, a recovery residence.(2) Any contractual relationship with an entity that regularly provides professional services or addiction treatment or recovery services to clients of programs licensed or certified or facilities licensed by the department, if the entity is not part of the program licensed or certified or facility licensed by the department.(b) All programs licensed or certified or facilities licensed by the department shall make the disclosures pursuant to subdivision (a) upon initial licensure or certification, upon renewal of licensure or certification, and upon a licensed facility or certified program acquiring or starting a relationship that meets paragraph (1) or (2) of subdivision (a). The department may suspend or revoke the license or certification of a program for failing to disclose the information required in subdivision (a).(c) The department may suspend or revoke the certification of a program or license of a facility for failing to disclose the information required in subdivision (a).(d) The department shall take action pursuant to Section 11834.31 against an unlicensed facility that is disclosed as a recovery residence pursuant to paragraph (1) of subdivision (a).(e) The department may refer a substantiated complaint against a recovery residence to other enforcement entities as appropriate under state or federal law, including the Department of Insurance, the Department of Managed Health Care, the Attorney General, and the United States Attorney General.(c)(f) For the purposes of this section, recovery residence means a residential dwelling that provides primary housing for individuals who seek a cooperative living arrangement that supports personal recovery from a substance use disorder and that does not require licensure by the department or does not provide licensable services, pursuant to Chapter 7.5 (commencing with Section 11834.01). A recovery residence may include, but is not limited to, residential dwellings commonly referred to as sober living homes, sober living environments, or unlicensed alcohol and drug free residences. | |
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| 40 | 40 | The people of the State of California do enact as follows: | |
| 41 | 41 | ||
| 42 | 42 | ## The people of the State of California do enact as follows: | |
| 43 | 43 | ||
| 44 | - | SECTION 1. Section 11833.05 of the Health and Safety Code is amended to read:11833.05. (a) All programs certified by the department pursuant to Chapter 7 (commencing with Section 11830) or facilities licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) shall disclose to the department the following information:(1) Ownership or control of, or financial interest in, a recovery residence.(2) Any contractual relationship with an entity that regularly provides professional services or addiction treatment or recovery services to clients of programs certified or facilities licensed by the department, if the entity is not | |
| 44 | + | SECTION 1. Section 11833.05 of the Health and Safety Code is amended to read:11833.05. (a) All programs certified by the department pursuant to Chapter 7 (commencing with Section 11830) or facilities licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) shall disclose to the department the following information:(1) Ownership or control of, or financial interest in, a recovery residence.(2) Any contractual relationship with an entity that regularly provides professional services or addiction treatment or recovery services to clients of programs licensed or certified or facilities licensed by the department, if the entity is not part of the program licensed or certified or facility licensed by the department.(b) All programs licensed or certified or facilities licensed by the department shall make the disclosures pursuant to subdivision (a) upon initial licensure or certification, upon renewal of licensure or certification, and upon a licensed facility or certified program acquiring or starting a relationship that meets paragraph (1) or (2) of subdivision (a). The department may suspend or revoke the license or certification of a program for failing to disclose the information required in subdivision (a).(c) The department may suspend or revoke the certification of a program or license of a facility for failing to disclose the information required in subdivision (a).(d) The department shall take action pursuant to Section 11834.31 against an unlicensed facility that is disclosed as a recovery residence pursuant to paragraph (1) of subdivision (a).(e) The department may refer a substantiated complaint against a recovery residence to other enforcement entities as appropriate under state or federal law, including the Department of Insurance, the Department of Managed Health Care, the Attorney General, and the United States Attorney General.(c)(f) For the purposes of this section, recovery residence means a residential dwelling that provides primary housing for individuals who seek a cooperative living arrangement that supports personal recovery from a substance use disorder and that does not require licensure by the department or does not provide licensable services, pursuant to Chapter 7.5 (commencing with Section 11834.01). A recovery residence may include, but is not limited to, residential dwellings commonly referred to as sober living homes, sober living environments, or unlicensed alcohol and drug free residences. | |
| 45 | 45 | ||
| 46 | 46 | SECTION 1. Section 11833.05 of the Health and Safety Code is amended to read: | |
| 47 | 47 | ||
| 48 | 48 | ### SECTION 1. | |
| 49 | 49 | ||
| 50 | - | 11833.05. (a) All programs certified by the department pursuant to Chapter 7 (commencing with Section 11830) or facilities licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) shall disclose to the department the following information:(1) Ownership or control of, or financial interest in, a recovery residence.(2) Any contractual relationship with an entity that regularly provides professional services or addiction treatment or recovery services to clients of programs certified or facilities licensed by the department, if the entity is not | |
| 50 | + | 11833.05. (a) All programs certified by the department pursuant to Chapter 7 (commencing with Section 11830) or facilities licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) shall disclose to the department the following information:(1) Ownership or control of, or financial interest in, a recovery residence.(2) Any contractual relationship with an entity that regularly provides professional services or addiction treatment or recovery services to clients of programs licensed or certified or facilities licensed by the department, if the entity is not part of the program licensed or certified or facility licensed by the department.(b) All programs licensed or certified or facilities licensed by the department shall make the disclosures pursuant to subdivision (a) upon initial licensure or certification, upon renewal of licensure or certification, and upon a licensed facility or certified program acquiring or starting a relationship that meets paragraph (1) or (2) of subdivision (a). The department may suspend or revoke the license or certification of a program for failing to disclose the information required in subdivision (a).(c) The department may suspend or revoke the certification of a program or license of a facility for failing to disclose the information required in subdivision (a).(d) The department shall take action pursuant to Section 11834.31 against an unlicensed facility that is disclosed as a recovery residence pursuant to paragraph (1) of subdivision (a).(e) The department may refer a substantiated complaint against a recovery residence to other enforcement entities as appropriate under state or federal law, including the Department of Insurance, the Department of Managed Health Care, the Attorney General, and the United States Attorney General.(c)(f) For the purposes of this section, recovery residence means a residential dwelling that provides primary housing for individuals who seek a cooperative living arrangement that supports personal recovery from a substance use disorder and that does not require licensure by the department or does not provide licensable services, pursuant to Chapter 7.5 (commencing with Section 11834.01). A recovery residence may include, but is not limited to, residential dwellings commonly referred to as sober living homes, sober living environments, or unlicensed alcohol and drug free residences. | |
| 51 | 51 | ||
| 52 | - | 11833.05. (a) All programs certified by the department pursuant to Chapter 7 (commencing with Section 11830) or facilities licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) shall disclose to the department the following information:(1) Ownership or control of, or financial interest in, a recovery residence.(2) Any contractual relationship with an entity that regularly provides professional services or addiction treatment or recovery services to clients of programs certified or facilities licensed by the department, if the entity is not | |
| 52 | + | 11833.05. (a) All programs certified by the department pursuant to Chapter 7 (commencing with Section 11830) or facilities licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) shall disclose to the department the following information:(1) Ownership or control of, or financial interest in, a recovery residence.(2) Any contractual relationship with an entity that regularly provides professional services or addiction treatment or recovery services to clients of programs licensed or certified or facilities licensed by the department, if the entity is not part of the program licensed or certified or facility licensed by the department.(b) All programs licensed or certified or facilities licensed by the department shall make the disclosures pursuant to subdivision (a) upon initial licensure or certification, upon renewal of licensure or certification, and upon a licensed facility or certified program acquiring or starting a relationship that meets paragraph (1) or (2) of subdivision (a). The department may suspend or revoke the license or certification of a program for failing to disclose the information required in subdivision (a).(c) The department may suspend or revoke the certification of a program or license of a facility for failing to disclose the information required in subdivision (a).(d) The department shall take action pursuant to Section 11834.31 against an unlicensed facility that is disclosed as a recovery residence pursuant to paragraph (1) of subdivision (a).(e) The department may refer a substantiated complaint against a recovery residence to other enforcement entities as appropriate under state or federal law, including the Department of Insurance, the Department of Managed Health Care, the Attorney General, and the United States Attorney General.(c)(f) For the purposes of this section, recovery residence means a residential dwelling that provides primary housing for individuals who seek a cooperative living arrangement that supports personal recovery from a substance use disorder and that does not require licensure by the department or does not provide licensable services, pursuant to Chapter 7.5 (commencing with Section 11834.01). A recovery residence may include, but is not limited to, residential dwellings commonly referred to as sober living homes, sober living environments, or unlicensed alcohol and drug free residences. | |
| 53 | 53 | ||
| 54 | - | 11833.05. (a) All programs certified by the department pursuant to Chapter 7 (commencing with Section 11830) or facilities licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) shall disclose to the department the following information:(1) Ownership or control of, or financial interest in, a recovery residence.(2) Any contractual relationship with an entity that regularly provides professional services or addiction treatment or recovery services to clients of programs certified or facilities licensed by the department, if the entity is not | |
| 54 | + | 11833.05. (a) All programs certified by the department pursuant to Chapter 7 (commencing with Section 11830) or facilities licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) shall disclose to the department the following information:(1) Ownership or control of, or financial interest in, a recovery residence.(2) Any contractual relationship with an entity that regularly provides professional services or addiction treatment or recovery services to clients of programs licensed or certified or facilities licensed by the department, if the entity is not part of the program licensed or certified or facility licensed by the department.(b) All programs licensed or certified or facilities licensed by the department shall make the disclosures pursuant to subdivision (a) upon initial licensure or certification, upon renewal of licensure or certification, and upon a licensed facility or certified program acquiring or starting a relationship that meets paragraph (1) or (2) of subdivision (a). The department may suspend or revoke the license or certification of a program for failing to disclose the information required in subdivision (a).(c) The department may suspend or revoke the certification of a program or license of a facility for failing to disclose the information required in subdivision (a).(d) The department shall take action pursuant to Section 11834.31 against an unlicensed facility that is disclosed as a recovery residence pursuant to paragraph (1) of subdivision (a).(e) The department may refer a substantiated complaint against a recovery residence to other enforcement entities as appropriate under state or federal law, including the Department of Insurance, the Department of Managed Health Care, the Attorney General, and the United States Attorney General.(c)(f) For the purposes of this section, recovery residence means a residential dwelling that provides primary housing for individuals who seek a cooperative living arrangement that supports personal recovery from a substance use disorder and that does not require licensure by the department or does not provide licensable services, pursuant to Chapter 7.5 (commencing with Section 11834.01). A recovery residence may include, but is not limited to, residential dwellings commonly referred to as sober living homes, sober living environments, or unlicensed alcohol and drug free residences. | |
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| 58 | 58 | 11833.05. (a) All programs certified by the department pursuant to Chapter 7 (commencing with Section 11830) or facilities licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) shall disclose to the department the following information: | |
| 59 | 59 | ||
| 60 | 60 | (1) Ownership or control of, or financial interest in, a recovery residence. | |
| 61 | 61 | ||
| 62 | - | (2) Any contractual relationship with an entity that regularly provides professional services or addiction treatment or recovery services to clients of programs certified or facilities licensed by the department, if the entity is not | |
| 62 | + | (2) Any contractual relationship with an entity that regularly provides professional services or addiction treatment or recovery services to clients of programs licensed or certified or facilities licensed by the department, if the entity is not part of the program licensed or certified or facility licensed by the department. | |
| 63 | 63 | ||
| 64 | - | (b) All programs certified or facilities licensed by the department shall make the disclosures pursuant to subdivision (a) upon initial licensure or certification, upon renewal of licensure or certification, and upon a licensed facility or certified program acquiring or starting a relationship that meets paragraph (1) or (2) of subdivision (a). | |
| 64 | + | (b) All programs licensed or certified or facilities licensed by the department shall make the disclosures pursuant to subdivision (a) upon initial licensure or certification, upon renewal of licensure or certification, and upon a licensed facility or certified program acquiring or starting a relationship that meets paragraph (1) or (2) of subdivision (a). The department may suspend or revoke the license or certification of a program for failing to disclose the information required in subdivision (a). | |
| 65 | 65 | ||
| 66 | 66 | (c) The department may suspend or revoke the certification of a program or license of a facility for failing to disclose the information required in subdivision (a). | |
| 67 | 67 | ||
| 68 | 68 | (d) The department shall take action pursuant to Section 11834.31 against an unlicensed facility that is disclosed as a recovery residence pursuant to paragraph (1) of subdivision (a). | |
| 69 | 69 | ||
| 70 | 70 | (e) The department may refer a substantiated complaint against a recovery residence to other enforcement entities as appropriate under state or federal law, including the Department of Insurance, the Department of Managed Health Care, the Attorney General, and the United States Attorney General. | |
| 71 | 71 | ||
| 72 | + | (c) | |
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| 74 | + | ||
| 75 | + | ||
| 72 | 76 | (f) For the purposes of this section, recovery residence means a residential dwelling that provides primary housing for individuals who seek a cooperative living arrangement that supports personal recovery from a substance use disorder and that does not require licensure by the department or does not provide licensable services, pursuant to Chapter 7.5 (commencing with Section 11834.01). A recovery residence may include, but is not limited to, residential dwellings commonly referred to as sober living homes, sober living environments, or unlicensed alcohol and drug free residences. |