California 2021-2022 Regular Session

California Senate Bill SB1165

Introduced
2/17/22  
Refer
3/2/22  
Refer
3/2/22  
Report Pass
3/24/22  
Report Pass
3/24/22  
Refer
3/24/22  
Refer
3/24/22  
Engrossed
4/21/22  
Refer
5/5/22  
Report Pass
6/15/22  
Refer
6/15/22  
Refer
6/15/22  
Report Pass
6/29/22  
Enrolled
8/4/22  
Enrolled
8/4/22  
Chaptered
8/22/22  
Chaptered
8/22/22  
Passed
8/22/22  

Caption

Substance abuse and mental health services: advertisement and marketing.

Impact

By instituting stricter prohibitions on false advertising, SB 1165 reinforces the obligations of healthcare providers within the substance abuse treatment sector. It recognizes the vulnerability of consumers with mental health conditions and aims to protect their welfare by ensuring that individuals and entities do not misrepresent the nature and effectiveness of their treatments. If violations occur, the bill grants the relevant department authority to investigate and impose sanctions on offending entities, thereby enhancing the regulatory framework governing mental health and substance abuse services.

Summary

Senate Bill 1165, authored by Bates, aims to enhance consumer protection within the context of substance abuse and mental health services by prohibiting various fraudulent marketing practices. The bill amends Sections 11831.9 of the Health and Safety Code and 4097 of the Welfare and Institutions Code. It specifically targets licensed treatment facilities and certified drug programs, preventing them from making false or misleading statements regarding their services, products, and geographical operations in their advertising and online presence. This regulation is intended to safeguard a particularly vulnerable demographic—consumers with substance use disorders—from being exploited by deceptive marketing strategies.

Sentiment

The sentiments surrounding SB 1165 appear to be generally supportive, especially from those advocating for consumer protection in healthcare. The bill represents a proactive step toward ensuring ethical advertising practices in a field where clients often lack comprehensive knowledge about their treatment options. However, there may be dissent regarding the implementation and administrative burden posed on small facilities that have to ensure compliance with the newly established requirements.

Contention

Notable points of contention may arise regarding the definition and scope of what constitutes 'false or misleading information,' as clarity in these definitions will be crucial for enforcement. Additionally, stakeholders within the treatment community may debate the balance between regulatory oversight and the autonomy of service providers, as some may view stringent marketing regulations as a potential hindrance to their ability to communicate effectively with prospective clients.

Companion Bills

No companion bills found.

Similar Bills

CA SB434

Substance abuse and mental health services: advertising and marketing.

CA SB589

Alcohol and other drug abuse recovery services: advertising and marketing.

CA SB863

Alcohol and other drug abuse recovery services: advertising and marketing.

NJ S3955

Prohibits use of deceptive marketing practices by substance use disorder treatment providers.

NJ A3974

Prohibits use of deceptive marketing practices by substance use disorder treatment providers.

CA SB349

California Ethical Treatment for Persons with Substance Use Disorder Act.