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| 1 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 863Introduced by Senator Bates(Coauthors: Senators Jones, Nielsen, and Wilk)(Coauthors: Assembly Members Brough, Daly, Cristina Garcia, Lackey, Mathis, Patterson, Petrie-Norris, and Waldron)January 17, 2020 An act to add Section 11831.9 to the Health and Safety Code, relating to substance abuse programs. LEGISLATIVE COUNSEL'S DIGESTSB 863, as introduced, Bates. Alcohol and other drug abuse recovery services: advertising and marketing.Existing law makes the State Department of Health Care Services the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities and prohibits a person, firm, corporation, or other specified entity from operating that type of facility without a valid license. Existing law also prohibits specified persons, programs, or entities from giving or receiving remuneration or anything of value for the referral of a person who is seeking alcoholism or drug abuse recovery and treatment services. Existing law authorizes the department to investigate allegations of violations of that prohibition and to impose sanctions for a violation, including assessing a penalty upon, or suspending or revoking the license or certification of, a facility.This bill, would enact Brandons Law, which would prohibit an operator of a licensed alcoholism or drug abuse recovery or treatment facility or a certified alcohol or other drug program from engaging in various acts, including making a false or misleading statement about the entitys products, goods, services, or geographical locations. The bill would also prohibit a picture, description, staff information, or the location of an entity from being included on an internet website along with false contact information that surreptitiously directs the reader to a business that does not have a contract with the entity. The bill would authorize the department to investigate allegations of a violation of these provisions and, upon finding a violation, to impose the sanctions available pursuant to existing law, as specified.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 11831.9 is added to the Health and Safety Code, to read:11831.9. (a) This section shall be known, and may be cited, as Brandons Law.(b) The Legislature recognizes that consumers with substance use disorders have disabling conditions and that these consumers and their families are vulnerable and at risk of being easily victimized by fraudulent marketing practices that adversely impact the delivery of health care. To protect the health, safety, and welfare of this vulnerable population, an operator of a licensed alcoholism or drug abuse recovery or treatment facility, as defined in Section 11834.02, or a certified alcohol or other drug program, shall not do any of the following:(1) Make a false or misleading statement or provide false or misleading information about the entitys products, goods, services, or geographical locations in its marketing, advertising materials, or media, or on its internet website or on a third-party internet website.(2) Include on its internet website a picture, description, staff information, or the location of an entity, along with false contact information that surreptitiously directs the reader to a business that does not have a contract with the entity.(3) Include on its internet website false information or an electronic link that provides false information or surreptitiously directs the reader to another internet website.(c) The department may investigate an allegation of a violation of this section and, upon finding a violation of this section, or any regulation adopted to enforce this section, may impose one or more of the sanctions described in Section 11831.7 in accordance with regulations adopted pursuant to that section. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 863Introduced by Senator Bates(Coauthors: Senators Jones, Nielsen, and Wilk)(Coauthors: Assembly Members Brough, Daly, Cristina Garcia, Lackey, Mathis, Patterson, Petrie-Norris, and Waldron)January 17, 2020 An act to add Section 11831.9 to the Health and Safety Code, relating to substance abuse programs. LEGISLATIVE COUNSEL'S DIGESTSB 863, as introduced, Bates. Alcohol and other drug abuse recovery services: advertising and marketing.Existing law makes the State Department of Health Care Services the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities and prohibits a person, firm, corporation, or other specified entity from operating that type of facility without a valid license. Existing law also prohibits specified persons, programs, or entities from giving or receiving remuneration or anything of value for the referral of a person who is seeking alcoholism or drug abuse recovery and treatment services. Existing law authorizes the department to investigate allegations of violations of that prohibition and to impose sanctions for a violation, including assessing a penalty upon, or suspending or revoking the license or certification of, a facility.This bill, would enact Brandons Law, which would prohibit an operator of a licensed alcoholism or drug abuse recovery or treatment facility or a certified alcohol or other drug program from engaging in various acts, including making a false or misleading statement about the entitys products, goods, services, or geographical locations. The bill would also prohibit a picture, description, staff information, or the location of an entity from being included on an internet website along with false contact information that surreptitiously directs the reader to a business that does not have a contract with the entity. The bill would authorize the department to investigate allegations of a violation of these provisions and, upon finding a violation, to impose the sanctions available pursuant to existing law, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
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| 5 | - | Amended IN Senate February 20, 2020 | |
| 6 | 5 | ||
| 7 | - | Amended IN Senate February 20, 2020 | |
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| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Senate Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 863 | |
| 14 | 14 | ||
| 15 | - | Introduced by Senator Bates(Coauthors: Senators | |
| 15 | + | Introduced by Senator Bates(Coauthors: Senators Jones, Nielsen, and Wilk)(Coauthors: Assembly Members Brough, Daly, Cristina Garcia, Lackey, Mathis, Patterson, Petrie-Norris, and Waldron)January 17, 2020 | |
| 16 | 16 | ||
| 17 | - | Introduced by Senator Bates(Coauthors: Senators | |
| 17 | + | Introduced by Senator Bates(Coauthors: Senators Jones, Nielsen, and Wilk)(Coauthors: Assembly Members Brough, Daly, Cristina Garcia, Lackey, Mathis, Patterson, Petrie-Norris, and Waldron) | |
| 18 | 18 | January 17, 2020 | |
| 19 | 19 | ||
| 20 | 20 | An act to add Section 11831.9 to the Health and Safety Code, relating to substance abuse programs. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | SB 863, as | |
| 26 | + | SB 863, as introduced, Bates. Alcohol and other drug abuse recovery services: advertising and marketing. | |
| 27 | 27 | ||
| 28 | - | Existing law makes the State Department of Health Care Services the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities and prohibits a person, firm, corporation, or other specified entity from operating that type of facility without a valid license. Existing law also prohibits specified persons, programs, or entities from giving or receiving remuneration or anything of value for the referral of a person who is seeking alcoholism or drug abuse recovery and treatment services. Existing law authorizes the department to investigate allegations of violations of that prohibition and to impose sanctions for a violation, including assessing a penalty upon, or suspending or revoking the license or certification of, a facility.This bill, | |
| 28 | + | Existing law makes the State Department of Health Care Services the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities and prohibits a person, firm, corporation, or other specified entity from operating that type of facility without a valid license. Existing law also prohibits specified persons, programs, or entities from giving or receiving remuneration or anything of value for the referral of a person who is seeking alcoholism or drug abuse recovery and treatment services. Existing law authorizes the department to investigate allegations of violations of that prohibition and to impose sanctions for a violation, including assessing a penalty upon, or suspending or revoking the license or certification of, a facility.This bill, would enact Brandons Law, which would prohibit an operator of a licensed alcoholism or drug abuse recovery or treatment facility or a certified alcohol or other drug program from engaging in various acts, including making a false or misleading statement about the entitys products, goods, services, or geographical locations. The bill would also prohibit a picture, description, staff information, or the location of an entity from being included on an internet website along with false contact information that surreptitiously directs the reader to a business that does not have a contract with the entity. The bill would authorize the department to investigate allegations of a violation of these provisions and, upon finding a violation, to impose the sanctions available pursuant to existing law, as specified. | |
| 29 | 29 | ||
| 30 | 30 | Existing law makes the State Department of Health Care Services the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities and prohibits a person, firm, corporation, or other specified entity from operating that type of facility without a valid license. Existing law also prohibits specified persons, programs, or entities from giving or receiving remuneration or anything of value for the referral of a person who is seeking alcoholism or drug abuse recovery and treatment services. Existing law authorizes the department to investigate allegations of violations of that prohibition and to impose sanctions for a violation, including assessing a penalty upon, or suspending or revoking the license or certification of, a facility. | |
| 31 | 31 | ||
| 32 | - | This bill, | |
| 32 | + | This bill, would enact Brandons Law, which would prohibit an operator of a licensed alcoholism or drug abuse recovery or treatment facility or a certified alcohol or other drug program from engaging in various acts, including making a false or misleading statement about the entitys products, goods, services, or geographical locations. The bill would also prohibit a picture, description, staff information, or the location of an entity from being included on an internet website along with false contact information that surreptitiously directs the reader to a business that does not have a contract with the entity. The bill would authorize the department to investigate allegations of a violation of these provisions and, upon finding a violation, to impose the sanctions available pursuant to existing law, as specified. | |
| 33 | 33 | ||
| 34 | 34 | ## Digest Key | |
| 35 | 35 | ||
| 36 | 36 | ## Bill Text | |
| 37 | 37 | ||
| 38 | - | The people of the State of California do enact as follows:SECTION 1. Section 11831.9 is added to the Health and Safety Code, to read:11831.9. (a) This section shall be known, and may be cited, as Brandons Law.(b) The Legislature recognizes that consumers with substance use disorders have disabling conditions | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. Section 11831.9 is added to the Health and Safety Code, to read:11831.9. (a) This section shall be known, and may be cited, as Brandons Law.(b) The Legislature recognizes that consumers with substance use disorders have disabling conditions and that these consumers and their families are vulnerable and at risk of being easily victimized by fraudulent marketing practices that adversely impact the delivery of health care. To protect the health, safety, and welfare of this vulnerable population, an operator of a licensed alcoholism or drug abuse recovery or treatment facility, as defined in Section 11834.02, or a certified alcohol or other drug program, shall not do any of the following:(1) Make a false or misleading statement or provide false or misleading information about the entitys products, goods, services, or geographical locations in its marketing, advertising materials, or media, or on its internet website or on a third-party internet website.(2) Include on its internet website a picture, description, staff information, or the location of an entity, along with false contact information that surreptitiously directs the reader to a business that does not have a contract with the entity.(3) Include on its internet website false information or an electronic link that provides false information or surreptitiously directs the reader to another internet website.(c) The department may investigate an allegation of a violation of this section and, upon finding a violation of this section, or any regulation adopted to enforce this section, may impose one or more of the sanctions described in Section 11831.7 in accordance with regulations adopted pursuant to that section. | |
| 39 | 39 | ||
| 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 11831.9 is added to the Health and Safety Code, to read:11831.9. (a) This section shall be known, and may be cited, as Brandons Law.(b) The Legislature recognizes that consumers with substance use disorders have disabling conditions | |
| 44 | + | SECTION 1. Section 11831.9 is added to the Health and Safety Code, to read:11831.9. (a) This section shall be known, and may be cited, as Brandons Law.(b) The Legislature recognizes that consumers with substance use disorders have disabling conditions and that these consumers and their families are vulnerable and at risk of being easily victimized by fraudulent marketing practices that adversely impact the delivery of health care. To protect the health, safety, and welfare of this vulnerable population, an operator of a licensed alcoholism or drug abuse recovery or treatment facility, as defined in Section 11834.02, or a certified alcohol or other drug program, shall not do any of the following:(1) Make a false or misleading statement or provide false or misleading information about the entitys products, goods, services, or geographical locations in its marketing, advertising materials, or media, or on its internet website or on a third-party internet website.(2) Include on its internet website a picture, description, staff information, or the location of an entity, along with false contact information that surreptitiously directs the reader to a business that does not have a contract with the entity.(3) Include on its internet website false information or an electronic link that provides false information or surreptitiously directs the reader to another internet website.(c) The department may investigate an allegation of a violation of this section and, upon finding a violation of this section, or any regulation adopted to enforce this section, may impose one or more of the sanctions described in Section 11831.7 in accordance with regulations adopted pursuant to that section. | |
| 45 | 45 | ||
| 46 | 46 | SECTION 1. Section 11831.9 is added to the Health and Safety Code, to read: | |
| 47 | 47 | ||
| 48 | 48 | ### SECTION 1. | |
| 49 | 49 | ||
| 50 | - | 11831.9. (a) This section shall be known, and may be cited, as Brandons Law.(b) The Legislature recognizes that consumers with substance use disorders have disabling conditions | |
| 50 | + | 11831.9. (a) This section shall be known, and may be cited, as Brandons Law.(b) The Legislature recognizes that consumers with substance use disorders have disabling conditions and that these consumers and their families are vulnerable and at risk of being easily victimized by fraudulent marketing practices that adversely impact the delivery of health care. To protect the health, safety, and welfare of this vulnerable population, an operator of a licensed alcoholism or drug abuse recovery or treatment facility, as defined in Section 11834.02, or a certified alcohol or other drug program, shall not do any of the following:(1) Make a false or misleading statement or provide false or misleading information about the entitys products, goods, services, or geographical locations in its marketing, advertising materials, or media, or on its internet website or on a third-party internet website.(2) Include on its internet website a picture, description, staff information, or the location of an entity, along with false contact information that surreptitiously directs the reader to a business that does not have a contract with the entity.(3) Include on its internet website false information or an electronic link that provides false information or surreptitiously directs the reader to another internet website.(c) The department may investigate an allegation of a violation of this section and, upon finding a violation of this section, or any regulation adopted to enforce this section, may impose one or more of the sanctions described in Section 11831.7 in accordance with regulations adopted pursuant to that section. | |
| 51 | 51 | ||
| 52 | - | 11831.9. (a) This section shall be known, and may be cited, as Brandons Law.(b) The Legislature recognizes that consumers with substance use disorders have disabling conditions | |
| 52 | + | 11831.9. (a) This section shall be known, and may be cited, as Brandons Law.(b) The Legislature recognizes that consumers with substance use disorders have disabling conditions and that these consumers and their families are vulnerable and at risk of being easily victimized by fraudulent marketing practices that adversely impact the delivery of health care. To protect the health, safety, and welfare of this vulnerable population, an operator of a licensed alcoholism or drug abuse recovery or treatment facility, as defined in Section 11834.02, or a certified alcohol or other drug program, shall not do any of the following:(1) Make a false or misleading statement or provide false or misleading information about the entitys products, goods, services, or geographical locations in its marketing, advertising materials, or media, or on its internet website or on a third-party internet website.(2) Include on its internet website a picture, description, staff information, or the location of an entity, along with false contact information that surreptitiously directs the reader to a business that does not have a contract with the entity.(3) Include on its internet website false information or an electronic link that provides false information or surreptitiously directs the reader to another internet website.(c) The department may investigate an allegation of a violation of this section and, upon finding a violation of this section, or any regulation adopted to enforce this section, may impose one or more of the sanctions described in Section 11831.7 in accordance with regulations adopted pursuant to that section. | |
| 53 | 53 | ||
| 54 | - | 11831.9. (a) This section shall be known, and may be cited, as Brandons Law.(b) The Legislature recognizes that consumers with substance use disorders have disabling conditions | |
| 54 | + | 11831.9. (a) This section shall be known, and may be cited, as Brandons Law.(b) The Legislature recognizes that consumers with substance use disorders have disabling conditions and that these consumers and their families are vulnerable and at risk of being easily victimized by fraudulent marketing practices that adversely impact the delivery of health care. To protect the health, safety, and welfare of this vulnerable population, an operator of a licensed alcoholism or drug abuse recovery or treatment facility, as defined in Section 11834.02, or a certified alcohol or other drug program, shall not do any of the following:(1) Make a false or misleading statement or provide false or misleading information about the entitys products, goods, services, or geographical locations in its marketing, advertising materials, or media, or on its internet website or on a third-party internet website.(2) Include on its internet website a picture, description, staff information, or the location of an entity, along with false contact information that surreptitiously directs the reader to a business that does not have a contract with the entity.(3) Include on its internet website false information or an electronic link that provides false information or surreptitiously directs the reader to another internet website.(c) The department may investigate an allegation of a violation of this section and, upon finding a violation of this section, or any regulation adopted to enforce this section, may impose one or more of the sanctions described in Section 11831.7 in accordance with regulations adopted pursuant to that section. | |
| 55 | 55 | ||
| 56 | 56 | ||
| 57 | 57 | ||
| 58 | 58 | 11831.9. (a) This section shall be known, and may be cited, as Brandons Law. | |
| 59 | 59 | ||
| 60 | - | (b) The Legislature recognizes that consumers with substance use disorders have disabling conditions | |
| 60 | + | (b) The Legislature recognizes that consumers with substance use disorders have disabling conditions and that these consumers and their families are vulnerable and at risk of being easily victimized by fraudulent marketing practices that adversely impact the delivery of health care. To protect the health, safety, and welfare of this vulnerable population, an operator of a licensed alcoholism or drug abuse recovery or treatment facility, as defined in Section 11834.02, or a certified alcohol or other drug program, shall not do any of the following: | |
| 61 | 61 | ||
| 62 | 62 | (1) Make a false or misleading statement or provide false or misleading information about the entitys products, goods, services, or geographical locations in its marketing, advertising materials, or media, or on its internet website or on a third-party internet website. | |
| 63 | 63 | ||
| 64 | 64 | (2) Include on its internet website a picture, description, staff information, or the location of an entity, along with false contact information that surreptitiously directs the reader to a business that does not have a contract with the entity. | |
| 65 | 65 | ||
| 66 | 66 | (3) Include on its internet website false information or an electronic link that provides false information or surreptitiously directs the reader to another internet website. | |
| 67 | 67 | ||
| 68 | 68 | (c) The department may investigate an allegation of a violation of this section and, upon finding a violation of this section, or any regulation adopted to enforce this section, may impose one or more of the sanctions described in Section 11831.7 in accordance with regulations adopted pursuant to that section. |