Amended IN Senate February 25, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 43Introduced by Senator UmbergDecember 05, 2024An act to amend Section 740 of the Penal Code, relating to criminal procedure. Sections 11832.2, 11833.05, and 11834.26 of, and to add Chapter 7.45 (commencing with Section 11833.06) to Part 2 of Division 10.5 of, the Health and Safety Code, relating to substance use disorder.LEGISLATIVE COUNSEL'S DIGESTSB 43, as amended, Umberg. Criminal procedure: misdemeanors and infractions: complaints. Substance use disorder: certified programs and licensed facilities.Existing law requires the State Department of Health Care Services to regulate and certify alcohol or other drug programs, and defines that type of program to include treatment services, recovery services, detoxification services, and medications for addiction treatment. Existing law also requires the department to regulate and license adult alcohol or other drug recovery or treatment facilities, and requires a licensee to provide at least recovery services, treatment services, or detoxification services, as nonmedical services. Existing law requires all programs certified and facilities licensed by the department to make specified disclosures to the department regarding, among other things, ownership or control of, or financial interest in, a recovery residence, as defined. This bill, in addition to existing disclosure requirements, would require all programs certified and all facilities licensed, no later than July 15, 2026, and annually each July 15 thereafter, to submit to the department a report of all money transfers between the program or facility and a recovery residence during the previous fiscal year. The bill would also define treatment services and recovery services for the purposes of the provisions relating to program certification and facility licensing, and exempt recovery services from the requirements to obtain either a certification or license.Existing law prohibits a licensed facility, a certified program, or other specified persons, programs, and entities from giving or receiving remuneration or anything of value for the referral of a person who is seeking alcohol or other drug recovery or treatment services. Existing law generally prohibits referrals for remuneration to any skilled nursing home or other specified types of care facilities without first obtaining a written license from the Director of Public Health or from an inspection service approved by the director, as specified.This bill would require a person, association, or corporation, before establishing, conducting, or maintaining a referral agency or referring any person for remuneration to an alcoholism or drug abuse treatment program certified by or a facility licensed by the department to first obtain a license from the department, as specified. The bill would require the department to impose a fee for license application and renewal and would specify the information required to be included on the application. The bill, among other provisions, would prohibit a licensee from having a direct or indirect financial interest in a program or facility doing business with the licensee. The bill would not apply to a local public agency performing referral services without cost to recipients of adult alcoholism or drug abuse recovery or treatment services when otherwise authorized by law. The bill would authorize the department to suspend or revoke the license of a program or facility that fails to comply with the provisions of the bill, and to impose a civil penalty, as specified. The bill also would authorize the department to impose a civil penalty against a person, association, or corporation referring persons without a license in violation of the bill, in the amount of the remuneration illegally received, as specified.Existing law requires, except as otherwise provided by law, all misdemeanor and infractions to be prosecuted by written complaint under oath subscribed by the complainant. Existing law authorizes that complaint to be verified on information and believe.This bill would make technical, nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 11832.2 of the Health and Safety Code is amended to read:11832.2. (a) As used in this chapter, alcohol or other drug program or program means a business entity with a physical location in the State of California that provides one or more of the following services to clients:(1) Treatment services. services, which are intake services, screening, assessment, treatment planning, individual counseling, group counseling, and case management.(2)Recovery services.(3)(2) Detoxification services.(4)(3) Medications for addiction treatment.(b) An individual health care practitioner duly licensed and regulated under Division 2 (commencing with Section 500) of the Business and Professions Code, acting within the scope of their license or certificate is not a program as described in subdivision (a).(c) (1) Certification pursuant to this chapter shall not be required to provide recovery services.(2) For purposes of this chapter, recovery services are community services that can provide emotional and practical support for continued remission, including, but not limited to, mutual aid groups, recovery coaching, recovery housing, recovery management, recovery community centers, and recovery-based education at every academic level. Recovery services include social and recreational recovery infrastructures and social media intended to make it easier for people in recovery to enjoy activities and social interaction that do not involve alcohol or drugs, including, but not limited to, recovery-specific cafes and clubhouses, sports leagues, and creative arts programs.SEC. 2. Section 11833.05 of the Health and Safety Code is amended to read:11833.05. (a) A program certified by the department pursuant to Chapter 7.1 (commencing with Section 11832) or a facility licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) shall disclose to the department if any of its agents, partners, directors, officers, or owners, including a sole proprietor and member, has either of the following:(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 substance use disorder treatment or recovery services to clients of programs certified or facilities licensed by the department, if the entity is not part of the program certified or facility licensed by the department.(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 the description in paragraph (1) or (2) of 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). This subdivision does not require an investigation of a recovery residence that is not alleged to be operating in violation of Section 11834.30.(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.(f) No later than July 15, 2026, and each July 15 thereafter, all programs certified or facilities licensed by the department shall submit to the department a report of all money transfers between the program or facility and a recovery residence during the previous fiscal year.(f)(g) 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.SEC. 3. Chapter 7.45 (commencing with Section 11833.06) is added to Part 2 of Division 10.5 of the Health and Safety Code, to read: CHAPTER 7.45. Referral Agencies Article 1. General Provisions11833.06. (a) It is unlawful for a person, association, or corporation to establish, conduct, or maintain a referral agency, or to refer a person for remuneration to a program certified by the department pursuant to Chapter 7.1 (commencing with Section 11832) or a facility licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) without first obtaining a written license therefor as provided in this chapter from the director.(b) As used in this chapter, referral agency means a private, profit, or nonprofit agency that is engaged in the business of referring persons for remuneration to a program or facility described in subdivision (a).11833.061. (a) An application for a license or renewal of license under this chapter shall be accompanied by an annual fee. Each license shall expire 12 months from its date of issuance and the application for renewal accompanied by the fee shall be filed with the director not later than 30 days prior to the date of expiration. The amount of the fee shall not exceed the reasonable regulatory cost of administering the licensing program.(b) A licensee shall not have a direct or indirect financial interest in a program or facility doing business with the licensee.(c) Separate licenses shall be required for referral agencies that are maintained on separate, noncontiguous premises.(d) A license issued under this chapter is not transferable.11833.062. A license application shall be submitted to the department when any of the following circumstances occur:(a) Change of ownership of the referral agency.(b) Change of name of the referral agency.(c) Change of location of the referral agency.11833.063. A person, partnership, firm, corporation, or association desiring to obtain a license shall file with the department an application on forms furnished by the department. The application shall contain all of the following:(a) Name of the applicant and, if an individual, whether the applicant has attained 18 years of age.(b) Name of the referral agency.(c) The location of the referral agency.(d) The business or occupation engaged in by each applicant, and by each partner, officer, and director, for at least two years immediately preceding the filing of the application. In addition, each partner, officer, and director shall submit a statement setting forth whether they have previously engaged in the operation of a referral agency, whether they have been involved in, or the subject of, a refusal or revocation of a referral agency license, and whether they have been convicted of a crime other than a minor traffic offense.(e) If the applicant is a corporation, the name and principal business address of each officer and director of the corporation, and for nonpublic corporations, the name and business address of each stockholder owning 10 percent or more of the stock and the name and business address of any corporation member who has responsibility in the operation of the facility.(f) If the applicant is a partnership, the name and principal business address of each partner.(g) Evidence of the right to occupy the premises where the referral agency is to be located.(h) A copy of the partnership agreement or the articles of incorporation, if applicable.(i) A copy of the current organization chart.(j) A schedule of fees to be charged and collected by the referral agency and a statement of the method by which each fee is to be computed or determined.(k) A declaration that the licensee will not have any financial interest in any facility doing business with the referral agency.(l) Evidence satisfactory to the department that the applicant demonstrates reputable and responsible character and the capability to comply with this chapter.11833.064. This chapter does not apply to a local public agency performing referral services without cost to recipients of adult alcoholism or drug abuse recovery or treatment services when otherwise authorized by law.11833.065. (a) A licensee desiring to voluntarily surrender their license for cancellation or temporary suspension shall notify the department in writing as soon as possible and, in all cases, a minimum of 30 days before the effective date of cancellation or temporary suspension of the license.(b) A license placed in temporary suspension pursuant to this section may be reinstated by the department within 12 months of the date of the voluntary suspension upon receipt of an application and evidence of compliance with licensing requirements.11833.067. (a) Upon verification of compliance with this chapter and with the approval of the department, the department shall issue the license to the applicant.(b) If the applicant is not in compliance with this chapter, the department shall deny the applicant a license. Immediately upon the denial of a license, the department shall notify the applicant in writing. Within 20 days of receipt of the departments notice, the applicant may present their written petition for a hearing to the department. The proceedings shall be conducted in accordance with Section 100171.11833.068. The original license or true copy of the license shall be conspicuously posted in a prominent location accessible to public view.11833.069. (a) The licensee shall notify the department within 10 days in writing when a change of stockholder owning 10 percent or more of the nonpublic corporate stock occurs. The writing shall include the name and principal mailing addresses of the new stockholder.(b) When a change of agency manager occurs, the licensee shall notify the department in writing within 10 days of the change. The notification shall include the name of the new agency manager.(c) Each licensee shall notify the department in writing within 10 days of any change of the licensees mailing address. The writing shall include the licensees new mailing address.(d) When a change in the principal officer of a corporate licensee, chairperson, president, or general manager occurs, the licensee shall notify the department in writing within 10 days. The writing shall include the name and principal business address of the officer. Article 2. Penalties11833.070. The department may suspend or revoke a license issued under this chapter for a violation of any provision of the chapter or any regulation adopted by the department pursuant to this chapter. In addition, the department shall assess a civil penalty in the amount of fees received by a licensee as a result of a violation of any provision of the chapter or regulation. Proceedings to suspend or revoke a license shall be conducted pursuant to Section 100171.11833.071. A person, association, or corporation referring persons without a license in violation of Section 11833.06 shall be liable for a civil penalty in the amount of the remuneration illegally received, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General in any court of competent jurisdiction.11833.072. Civil penalties collected pursuant to this article shall be used to administer this chapter.SEC. 4. Section 11834.26 of the Health and Safety Code is amended to read:11834.26. (a) (1) The licensee shall provide at least one of the following nonmedical services:(1)Recovery services.(2)Treatment services.(A) Treatment services, which are intake services, screening, assessment, treatment planning, individual counseling, group counseling, and case management.(3)(B) Detoxification services.(2) (A) Licensing pursuant to this chapter shall not be required to provide recovery services.(B) For purposes of this chapter, recovery services are community services that can provide emotional and practical support for continued remission, including, but not limited to, mutual aid groups, recovery coaching, recovery housing, recovery management, recovery community centers, and recovery-based education at every academic level. Recovery services include social and recreational recovery infrastructures and social media intended to make it easier for people in recovery to enjoy activities and social interaction that do not involve alcohol or drugs, including, but not limited to, recovery-specific cafes and clubhouses, sports leagues, and creative arts programs.(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, or detoxification services.(7) Discharge and continuing care planning.(8) Indicators of recovery, treatment, or detoxification outcomes.(c) A licensee shall not deny admission to any individual based solely on the individual having a valid prescription from a licensed health care professional for a medication approved by the federal Food and Drug Administration for the purpose of narcotic replacement treatment or medication-assisted treatment of substance use disorders.(d) A licensee shall develop a plan to address when a resident relapses, including when a resident is on the licensed premises after consuming alcohol or using illegal drugs. The plan shall include details of how the treatment stay and treatment plan of the resident will be adjusted to address the relapse episode and how the resident will be treated and supervised while under the influence of alcohol or illegal drugs, as well as discharge and continuing care planning, including when a licensee determines that a resident requires services beyond the scope of the licensee. This subdivision does not require a licensee to discharge a resident.(e) The department shall have the authority to implement subdivisions (d) and (f) by bulletin or all-county or all-provider letter, after stakeholder input, until regulations are promulgated. The department shall promulgate regulations to implement subdivisions (d) and (f) no later than July 1, 2024.(f) (1) A licensee shall, at all times, maintain at least two unexpired doses of naloxone hydrochloride, or any other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, on the premises and shall, at all times, have at least one staff member on the premises who knows the specific location of the naloxone hydrochloride, or other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, and who has been trained on the administration of naloxone hydrochloride, or the other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, in accordance with the training requirements set forth by the department. Proof of completion of training on the administration of naloxone hydrochloride, or other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, shall be documented in the staff members individual personnel file.(2) A trained staff member shall not be liable for damages in a civil action or subject to criminal prosecution for the administration, in good faith, of naloxone hydrochloride, or any other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, to a person appearing to experience an opioid-related overdose. This paragraph shall not apply in a case where the person who renders emergency care treatment by the use of naloxone hydrochloride, or any other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, acts with gross negligence or engages in willful and wanton misconduct.(g) In the development of regulations implementing this section, the written record requirements shall be modified or adapted for social model programs.SECTION 1.Section 740 of the Penal Code is amended to read:740.Except as otherwise provided by law, all misdemeanors and infractions shall be prosecuted by written complaint under oath subscribed by the complainant. That complaint may be verified on information and belief.
Amended IN Senate February 25, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 43Introduced by Senator UmbergDecember 05, 2024An act to amend Section 740 of the Penal Code, relating to criminal procedure. Sections 11832.2, 11833.05, and 11834.26 of, and to add Chapter 7.45 (commencing with Section 11833.06) to Part 2 of Division 10.5 of, the Health and Safety Code, relating to substance use disorder.LEGISLATIVE COUNSEL'S DIGESTSB 43, as amended, Umberg. Criminal procedure: misdemeanors and infractions: complaints. Substance use disorder: certified programs and licensed facilities.Existing law requires the State Department of Health Care Services to regulate and certify alcohol or other drug programs, and defines that type of program to include treatment services, recovery services, detoxification services, and medications for addiction treatment. Existing law also requires the department to regulate and license adult alcohol or other drug recovery or treatment facilities, and requires a licensee to provide at least recovery services, treatment services, or detoxification services, as nonmedical services. Existing law requires all programs certified and facilities licensed by the department to make specified disclosures to the department regarding, among other things, ownership or control of, or financial interest in, a recovery residence, as defined. This bill, in addition to existing disclosure requirements, would require all programs certified and all facilities licensed, no later than July 15, 2026, and annually each July 15 thereafter, to submit to the department a report of all money transfers between the program or facility and a recovery residence during the previous fiscal year. The bill would also define treatment services and recovery services for the purposes of the provisions relating to program certification and facility licensing, and exempt recovery services from the requirements to obtain either a certification or license.Existing law prohibits a licensed facility, a certified program, or other specified persons, programs, and entities from giving or receiving remuneration or anything of value for the referral of a person who is seeking alcohol or other drug recovery or treatment services. Existing law generally prohibits referrals for remuneration to any skilled nursing home or other specified types of care facilities without first obtaining a written license from the Director of Public Health or from an inspection service approved by the director, as specified.This bill would require a person, association, or corporation, before establishing, conducting, or maintaining a referral agency or referring any person for remuneration to an alcoholism or drug abuse treatment program certified by or a facility licensed by the department to first obtain a license from the department, as specified. The bill would require the department to impose a fee for license application and renewal and would specify the information required to be included on the application. The bill, among other provisions, would prohibit a licensee from having a direct or indirect financial interest in a program or facility doing business with the licensee. The bill would not apply to a local public agency performing referral services without cost to recipients of adult alcoholism or drug abuse recovery or treatment services when otherwise authorized by law. The bill would authorize the department to suspend or revoke the license of a program or facility that fails to comply with the provisions of the bill, and to impose a civil penalty, as specified. The bill also would authorize the department to impose a civil penalty against a person, association, or corporation referring persons without a license in violation of the bill, in the amount of the remuneration illegally received, as specified.Existing law requires, except as otherwise provided by law, all misdemeanor and infractions to be prosecuted by written complaint under oath subscribed by the complainant. Existing law authorizes that complaint to be verified on information and believe.This bill would make technical, nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Senate February 25, 2025
Amended IN Senate February 25, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Senate Bill
No. 43
Introduced by Senator UmbergDecember 05, 2024
Introduced by Senator Umberg
December 05, 2024
An act to amend Section 740 of the Penal Code, relating to criminal procedure. Sections 11832.2, 11833.05, and 11834.26 of, and to add Chapter 7.45 (commencing with Section 11833.06) to Part 2 of Division 10.5 of, the Health and Safety Code, relating to substance use disorder.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 43, as amended, Umberg. Criminal procedure: misdemeanors and infractions: complaints. Substance use disorder: certified programs and licensed facilities.
Existing law requires the State Department of Health Care Services to regulate and certify alcohol or other drug programs, and defines that type of program to include treatment services, recovery services, detoxification services, and medications for addiction treatment. Existing law also requires the department to regulate and license adult alcohol or other drug recovery or treatment facilities, and requires a licensee to provide at least recovery services, treatment services, or detoxification services, as nonmedical services. Existing law requires all programs certified and facilities licensed by the department to make specified disclosures to the department regarding, among other things, ownership or control of, or financial interest in, a recovery residence, as defined. This bill, in addition to existing disclosure requirements, would require all programs certified and all facilities licensed, no later than July 15, 2026, and annually each July 15 thereafter, to submit to the department a report of all money transfers between the program or facility and a recovery residence during the previous fiscal year. The bill would also define treatment services and recovery services for the purposes of the provisions relating to program certification and facility licensing, and exempt recovery services from the requirements to obtain either a certification or license.Existing law prohibits a licensed facility, a certified program, or other specified persons, programs, and entities from giving or receiving remuneration or anything of value for the referral of a person who is seeking alcohol or other drug recovery or treatment services. Existing law generally prohibits referrals for remuneration to any skilled nursing home or other specified types of care facilities without first obtaining a written license from the Director of Public Health or from an inspection service approved by the director, as specified.This bill would require a person, association, or corporation, before establishing, conducting, or maintaining a referral agency or referring any person for remuneration to an alcoholism or drug abuse treatment program certified by or a facility licensed by the department to first obtain a license from the department, as specified. The bill would require the department to impose a fee for license application and renewal and would specify the information required to be included on the application. The bill, among other provisions, would prohibit a licensee from having a direct or indirect financial interest in a program or facility doing business with the licensee. The bill would not apply to a local public agency performing referral services without cost to recipients of adult alcoholism or drug abuse recovery or treatment services when otherwise authorized by law. The bill would authorize the department to suspend or revoke the license of a program or facility that fails to comply with the provisions of the bill, and to impose a civil penalty, as specified. The bill also would authorize the department to impose a civil penalty against a person, association, or corporation referring persons without a license in violation of the bill, in the amount of the remuneration illegally received, as specified.Existing law requires, except as otherwise provided by law, all misdemeanor and infractions to be prosecuted by written complaint under oath subscribed by the complainant. Existing law authorizes that complaint to be verified on information and believe.This bill would make technical, nonsubstantive changes to that provision.
Existing law requires the State Department of Health Care Services to regulate and certify alcohol or other drug programs, and defines that type of program to include treatment services, recovery services, detoxification services, and medications for addiction treatment. Existing law also requires the department to regulate and license adult alcohol or other drug recovery or treatment facilities, and requires a licensee to provide at least recovery services, treatment services, or detoxification services, as nonmedical services. Existing law requires all programs certified and facilities licensed by the department to make specified disclosures to the department regarding, among other things, ownership or control of, or financial interest in, a recovery residence, as defined.
This bill, in addition to existing disclosure requirements, would require all programs certified and all facilities licensed, no later than July 15, 2026, and annually each July 15 thereafter, to submit to the department a report of all money transfers between the program or facility and a recovery residence during the previous fiscal year. The bill would also define treatment services and recovery services for the purposes of the provisions relating to program certification and facility licensing, and exempt recovery services from the requirements to obtain either a certification or license.
Existing law prohibits a licensed facility, a certified program, or other specified persons, programs, and entities from giving or receiving remuneration or anything of value for the referral of a person who is seeking alcohol or other drug recovery or treatment services. Existing law generally prohibits referrals for remuneration to any skilled nursing home or other specified types of care facilities without first obtaining a written license from the Director of Public Health or from an inspection service approved by the director, as specified.
This bill would require a person, association, or corporation, before establishing, conducting, or maintaining a referral agency or referring any person for remuneration to an alcoholism or drug abuse treatment program certified by or a facility licensed by the department to first obtain a license from the department, as specified. The bill would require the department to impose a fee for license application and renewal and would specify the information required to be included on the application. The bill, among other provisions, would prohibit a licensee from having a direct or indirect financial interest in a program or facility doing business with the licensee. The bill would not apply to a local public agency performing referral services without cost to recipients of adult alcoholism or drug abuse recovery or treatment services when otherwise authorized by law. The bill would authorize the department to suspend or revoke the license of a program or facility that fails to comply with the provisions of the bill, and to impose a civil penalty, as specified. The bill also would authorize the department to impose a civil penalty against a person, association, or corporation referring persons without a license in violation of the bill, in the amount of the remuneration illegally received, as specified.
Existing law requires, except as otherwise provided by law, all misdemeanor and infractions to be prosecuted by written complaint under oath subscribed by the complainant. Existing law authorizes that complaint to be verified on information and believe.
This bill would make technical, nonsubstantive changes to that provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 11832.2 of the Health and Safety Code is amended to read:11832.2. (a) As used in this chapter, alcohol or other drug program or program means a business entity with a physical location in the State of California that provides one or more of the following services to clients:(1) Treatment services. services, which are intake services, screening, assessment, treatment planning, individual counseling, group counseling, and case management.(2)Recovery services.(3)(2) Detoxification services.(4)(3) Medications for addiction treatment.(b) An individual health care practitioner duly licensed and regulated under Division 2 (commencing with Section 500) of the Business and Professions Code, acting within the scope of their license or certificate is not a program as described in subdivision (a).(c) (1) Certification pursuant to this chapter shall not be required to provide recovery services.(2) For purposes of this chapter, recovery services are community services that can provide emotional and practical support for continued remission, including, but not limited to, mutual aid groups, recovery coaching, recovery housing, recovery management, recovery community centers, and recovery-based education at every academic level. Recovery services include social and recreational recovery infrastructures and social media intended to make it easier for people in recovery to enjoy activities and social interaction that do not involve alcohol or drugs, including, but not limited to, recovery-specific cafes and clubhouses, sports leagues, and creative arts programs.SEC. 2. Section 11833.05 of the Health and Safety Code is amended to read:11833.05. (a) A program certified by the department pursuant to Chapter 7.1 (commencing with Section 11832) or a facility licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) shall disclose to the department if any of its agents, partners, directors, officers, or owners, including a sole proprietor and member, has either of the following:(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 substance use disorder treatment or recovery services to clients of programs certified or facilities licensed by the department, if the entity is not part of the program certified or facility licensed by the department.(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 the description in paragraph (1) or (2) of 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). This subdivision does not require an investigation of a recovery residence that is not alleged to be operating in violation of Section 11834.30.(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.(f) No later than July 15, 2026, and each July 15 thereafter, all programs certified or facilities licensed by the department shall submit to the department a report of all money transfers between the program or facility and a recovery residence during the previous fiscal year.(f)(g) 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.SEC. 3. Chapter 7.45 (commencing with Section 11833.06) is added to Part 2 of Division 10.5 of the Health and Safety Code, to read: CHAPTER 7.45. Referral Agencies Article 1. General Provisions11833.06. (a) It is unlawful for a person, association, or corporation to establish, conduct, or maintain a referral agency, or to refer a person for remuneration to a program certified by the department pursuant to Chapter 7.1 (commencing with Section 11832) or a facility licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) without first obtaining a written license therefor as provided in this chapter from the director.(b) As used in this chapter, referral agency means a private, profit, or nonprofit agency that is engaged in the business of referring persons for remuneration to a program or facility described in subdivision (a).11833.061. (a) An application for a license or renewal of license under this chapter shall be accompanied by an annual fee. Each license shall expire 12 months from its date of issuance and the application for renewal accompanied by the fee shall be filed with the director not later than 30 days prior to the date of expiration. The amount of the fee shall not exceed the reasonable regulatory cost of administering the licensing program.(b) A licensee shall not have a direct or indirect financial interest in a program or facility doing business with the licensee.(c) Separate licenses shall be required for referral agencies that are maintained on separate, noncontiguous premises.(d) A license issued under this chapter is not transferable.11833.062. A license application shall be submitted to the department when any of the following circumstances occur:(a) Change of ownership of the referral agency.(b) Change of name of the referral agency.(c) Change of location of the referral agency.11833.063. A person, partnership, firm, corporation, or association desiring to obtain a license shall file with the department an application on forms furnished by the department. The application shall contain all of the following:(a) Name of the applicant and, if an individual, whether the applicant has attained 18 years of age.(b) Name of the referral agency.(c) The location of the referral agency.(d) The business or occupation engaged in by each applicant, and by each partner, officer, and director, for at least two years immediately preceding the filing of the application. In addition, each partner, officer, and director shall submit a statement setting forth whether they have previously engaged in the operation of a referral agency, whether they have been involved in, or the subject of, a refusal or revocation of a referral agency license, and whether they have been convicted of a crime other than a minor traffic offense.(e) If the applicant is a corporation, the name and principal business address of each officer and director of the corporation, and for nonpublic corporations, the name and business address of each stockholder owning 10 percent or more of the stock and the name and business address of any corporation member who has responsibility in the operation of the facility.(f) If the applicant is a partnership, the name and principal business address of each partner.(g) Evidence of the right to occupy the premises where the referral agency is to be located.(h) A copy of the partnership agreement or the articles of incorporation, if applicable.(i) A copy of the current organization chart.(j) A schedule of fees to be charged and collected by the referral agency and a statement of the method by which each fee is to be computed or determined.(k) A declaration that the licensee will not have any financial interest in any facility doing business with the referral agency.(l) Evidence satisfactory to the department that the applicant demonstrates reputable and responsible character and the capability to comply with this chapter.11833.064. This chapter does not apply to a local public agency performing referral services without cost to recipients of adult alcoholism or drug abuse recovery or treatment services when otherwise authorized by law.11833.065. (a) A licensee desiring to voluntarily surrender their license for cancellation or temporary suspension shall notify the department in writing as soon as possible and, in all cases, a minimum of 30 days before the effective date of cancellation or temporary suspension of the license.(b) A license placed in temporary suspension pursuant to this section may be reinstated by the department within 12 months of the date of the voluntary suspension upon receipt of an application and evidence of compliance with licensing requirements.11833.067. (a) Upon verification of compliance with this chapter and with the approval of the department, the department shall issue the license to the applicant.(b) If the applicant is not in compliance with this chapter, the department shall deny the applicant a license. Immediately upon the denial of a license, the department shall notify the applicant in writing. Within 20 days of receipt of the departments notice, the applicant may present their written petition for a hearing to the department. The proceedings shall be conducted in accordance with Section 100171.11833.068. The original license or true copy of the license shall be conspicuously posted in a prominent location accessible to public view.11833.069. (a) The licensee shall notify the department within 10 days in writing when a change of stockholder owning 10 percent or more of the nonpublic corporate stock occurs. The writing shall include the name and principal mailing addresses of the new stockholder.(b) When a change of agency manager occurs, the licensee shall notify the department in writing within 10 days of the change. The notification shall include the name of the new agency manager.(c) Each licensee shall notify the department in writing within 10 days of any change of the licensees mailing address. The writing shall include the licensees new mailing address.(d) When a change in the principal officer of a corporate licensee, chairperson, president, or general manager occurs, the licensee shall notify the department in writing within 10 days. The writing shall include the name and principal business address of the officer. Article 2. Penalties11833.070. The department may suspend or revoke a license issued under this chapter for a violation of any provision of the chapter or any regulation adopted by the department pursuant to this chapter. In addition, the department shall assess a civil penalty in the amount of fees received by a licensee as a result of a violation of any provision of the chapter or regulation. Proceedings to suspend or revoke a license shall be conducted pursuant to Section 100171.11833.071. A person, association, or corporation referring persons without a license in violation of Section 11833.06 shall be liable for a civil penalty in the amount of the remuneration illegally received, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General in any court of competent jurisdiction.11833.072. Civil penalties collected pursuant to this article shall be used to administer this chapter.SEC. 4. Section 11834.26 of the Health and Safety Code is amended to read:11834.26. (a) (1) The licensee shall provide at least one of the following nonmedical services:(1)Recovery services.(2)Treatment services.(A) Treatment services, which are intake services, screening, assessment, treatment planning, individual counseling, group counseling, and case management.(3)(B) Detoxification services.(2) (A) Licensing pursuant to this chapter shall not be required to provide recovery services.(B) For purposes of this chapter, recovery services are community services that can provide emotional and practical support for continued remission, including, but not limited to, mutual aid groups, recovery coaching, recovery housing, recovery management, recovery community centers, and recovery-based education at every academic level. Recovery services include social and recreational recovery infrastructures and social media intended to make it easier for people in recovery to enjoy activities and social interaction that do not involve alcohol or drugs, including, but not limited to, recovery-specific cafes and clubhouses, sports leagues, and creative arts programs.(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, or detoxification services.(7) Discharge and continuing care planning.(8) Indicators of recovery, treatment, or detoxification outcomes.(c) A licensee shall not deny admission to any individual based solely on the individual having a valid prescription from a licensed health care professional for a medication approved by the federal Food and Drug Administration for the purpose of narcotic replacement treatment or medication-assisted treatment of substance use disorders.(d) A licensee shall develop a plan to address when a resident relapses, including when a resident is on the licensed premises after consuming alcohol or using illegal drugs. The plan shall include details of how the treatment stay and treatment plan of the resident will be adjusted to address the relapse episode and how the resident will be treated and supervised while under the influence of alcohol or illegal drugs, as well as discharge and continuing care planning, including when a licensee determines that a resident requires services beyond the scope of the licensee. This subdivision does not require a licensee to discharge a resident.(e) The department shall have the authority to implement subdivisions (d) and (f) by bulletin or all-county or all-provider letter, after stakeholder input, until regulations are promulgated. The department shall promulgate regulations to implement subdivisions (d) and (f) no later than July 1, 2024.(f) (1) A licensee shall, at all times, maintain at least two unexpired doses of naloxone hydrochloride, or any other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, on the premises and shall, at all times, have at least one staff member on the premises who knows the specific location of the naloxone hydrochloride, or other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, and who has been trained on the administration of naloxone hydrochloride, or the other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, in accordance with the training requirements set forth by the department. Proof of completion of training on the administration of naloxone hydrochloride, or other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, shall be documented in the staff members individual personnel file.(2) A trained staff member shall not be liable for damages in a civil action or subject to criminal prosecution for the administration, in good faith, of naloxone hydrochloride, or any other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, to a person appearing to experience an opioid-related overdose. This paragraph shall not apply in a case where the person who renders emergency care treatment by the use of naloxone hydrochloride, or any other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, acts with gross negligence or engages in willful and wanton misconduct.(g) In the development of regulations implementing this section, the written record requirements shall be modified or adapted for social model programs.SECTION 1.Section 740 of the Penal Code is amended to read:740.Except as otherwise provided by law, all misdemeanors and infractions shall be prosecuted by written complaint under oath subscribed by the complainant. That complaint may be verified on information and belief.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 11832.2 of the Health and Safety Code is amended to read:11832.2. (a) As used in this chapter, alcohol or other drug program or program means a business entity with a physical location in the State of California that provides one or more of the following services to clients:(1) Treatment services. services, which are intake services, screening, assessment, treatment planning, individual counseling, group counseling, and case management.(2)Recovery services.(3)(2) Detoxification services.(4)(3) Medications for addiction treatment.(b) An individual health care practitioner duly licensed and regulated under Division 2 (commencing with Section 500) of the Business and Professions Code, acting within the scope of their license or certificate is not a program as described in subdivision (a).(c) (1) Certification pursuant to this chapter shall not be required to provide recovery services.(2) For purposes of this chapter, recovery services are community services that can provide emotional and practical support for continued remission, including, but not limited to, mutual aid groups, recovery coaching, recovery housing, recovery management, recovery community centers, and recovery-based education at every academic level. Recovery services include social and recreational recovery infrastructures and social media intended to make it easier for people in recovery to enjoy activities and social interaction that do not involve alcohol or drugs, including, but not limited to, recovery-specific cafes and clubhouses, sports leagues, and creative arts programs.
SECTION 1. Section 11832.2 of the Health and Safety Code is amended to read:
### SECTION 1.
11832.2. (a) As used in this chapter, alcohol or other drug program or program means a business entity with a physical location in the State of California that provides one or more of the following services to clients:(1) Treatment services. services, which are intake services, screening, assessment, treatment planning, individual counseling, group counseling, and case management.(2)Recovery services.(3)(2) Detoxification services.(4)(3) Medications for addiction treatment.(b) An individual health care practitioner duly licensed and regulated under Division 2 (commencing with Section 500) of the Business and Professions Code, acting within the scope of their license or certificate is not a program as described in subdivision (a).(c) (1) Certification pursuant to this chapter shall not be required to provide recovery services.(2) For purposes of this chapter, recovery services are community services that can provide emotional and practical support for continued remission, including, but not limited to, mutual aid groups, recovery coaching, recovery housing, recovery management, recovery community centers, and recovery-based education at every academic level. Recovery services include social and recreational recovery infrastructures and social media intended to make it easier for people in recovery to enjoy activities and social interaction that do not involve alcohol or drugs, including, but not limited to, recovery-specific cafes and clubhouses, sports leagues, and creative arts programs.
11832.2. (a) As used in this chapter, alcohol or other drug program or program means a business entity with a physical location in the State of California that provides one or more of the following services to clients:(1) Treatment services. services, which are intake services, screening, assessment, treatment planning, individual counseling, group counseling, and case management.(2)Recovery services.(3)(2) Detoxification services.(4)(3) Medications for addiction treatment.(b) An individual health care practitioner duly licensed and regulated under Division 2 (commencing with Section 500) of the Business and Professions Code, acting within the scope of their license or certificate is not a program as described in subdivision (a).(c) (1) Certification pursuant to this chapter shall not be required to provide recovery services.(2) For purposes of this chapter, recovery services are community services that can provide emotional and practical support for continued remission, including, but not limited to, mutual aid groups, recovery coaching, recovery housing, recovery management, recovery community centers, and recovery-based education at every academic level. Recovery services include social and recreational recovery infrastructures and social media intended to make it easier for people in recovery to enjoy activities and social interaction that do not involve alcohol or drugs, including, but not limited to, recovery-specific cafes and clubhouses, sports leagues, and creative arts programs.
11832.2. (a) As used in this chapter, alcohol or other drug program or program means a business entity with a physical location in the State of California that provides one or more of the following services to clients:(1) Treatment services. services, which are intake services, screening, assessment, treatment planning, individual counseling, group counseling, and case management.(2)Recovery services.(3)(2) Detoxification services.(4)(3) Medications for addiction treatment.(b) An individual health care practitioner duly licensed and regulated under Division 2 (commencing with Section 500) of the Business and Professions Code, acting within the scope of their license or certificate is not a program as described in subdivision (a).(c) (1) Certification pursuant to this chapter shall not be required to provide recovery services.(2) For purposes of this chapter, recovery services are community services that can provide emotional and practical support for continued remission, including, but not limited to, mutual aid groups, recovery coaching, recovery housing, recovery management, recovery community centers, and recovery-based education at every academic level. Recovery services include social and recreational recovery infrastructures and social media intended to make it easier for people in recovery to enjoy activities and social interaction that do not involve alcohol or drugs, including, but not limited to, recovery-specific cafes and clubhouses, sports leagues, and creative arts programs.
11832.2. (a) As used in this chapter, alcohol or other drug program or program means a business entity with a physical location in the State of California that provides one or more of the following services to clients:
(1) Treatment services. services, which are intake services, screening, assessment, treatment planning, individual counseling, group counseling, and case management.
(2)Recovery services.
(3)
(2) Detoxification services.
(4)
(3) Medications for addiction treatment.
(b) An individual health care practitioner duly licensed and regulated under Division 2 (commencing with Section 500) of the Business and Professions Code, acting within the scope of their license or certificate is not a program as described in subdivision (a).
(c) (1) Certification pursuant to this chapter shall not be required to provide recovery services.
(2) For purposes of this chapter, recovery services are community services that can provide emotional and practical support for continued remission, including, but not limited to, mutual aid groups, recovery coaching, recovery housing, recovery management, recovery community centers, and recovery-based education at every academic level. Recovery services include social and recreational recovery infrastructures and social media intended to make it easier for people in recovery to enjoy activities and social interaction that do not involve alcohol or drugs, including, but not limited to, recovery-specific cafes and clubhouses, sports leagues, and creative arts programs.
SEC. 2. Section 11833.05 of the Health and Safety Code is amended to read:11833.05. (a) A program certified by the department pursuant to Chapter 7.1 (commencing with Section 11832) or a facility licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) shall disclose to the department if any of its agents, partners, directors, officers, or owners, including a sole proprietor and member, has either of the following:(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 substance use disorder treatment or recovery services to clients of programs certified or facilities licensed by the department, if the entity is not part of the program certified or facility licensed by the department.(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 the description in paragraph (1) or (2) of 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). This subdivision does not require an investigation of a recovery residence that is not alleged to be operating in violation of Section 11834.30.(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.(f) No later than July 15, 2026, and each July 15 thereafter, all programs certified or facilities licensed by the department shall submit to the department a report of all money transfers between the program or facility and a recovery residence during the previous fiscal year.(f)(g) 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.
SEC. 2. Section 11833.05 of the Health and Safety Code is amended to read:
### SEC. 2.
11833.05. (a) A program certified by the department pursuant to Chapter 7.1 (commencing with Section 11832) or a facility licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) shall disclose to the department if any of its agents, partners, directors, officers, or owners, including a sole proprietor and member, has either of the following:(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 substance use disorder treatment or recovery services to clients of programs certified or facilities licensed by the department, if the entity is not part of the program certified or facility licensed by the department.(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 the description in paragraph (1) or (2) of 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). This subdivision does not require an investigation of a recovery residence that is not alleged to be operating in violation of Section 11834.30.(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.(f) No later than July 15, 2026, and each July 15 thereafter, all programs certified or facilities licensed by the department shall submit to the department a report of all money transfers between the program or facility and a recovery residence during the previous fiscal year.(f)(g) 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.
11833.05. (a) A program certified by the department pursuant to Chapter 7.1 (commencing with Section 11832) or a facility licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) shall disclose to the department if any of its agents, partners, directors, officers, or owners, including a sole proprietor and member, has either of the following:(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 substance use disorder treatment or recovery services to clients of programs certified or facilities licensed by the department, if the entity is not part of the program certified or facility licensed by the department.(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 the description in paragraph (1) or (2) of 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). This subdivision does not require an investigation of a recovery residence that is not alleged to be operating in violation of Section 11834.30.(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.(f) No later than July 15, 2026, and each July 15 thereafter, all programs certified or facilities licensed by the department shall submit to the department a report of all money transfers between the program or facility and a recovery residence during the previous fiscal year.(f)(g) 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.
11833.05. (a) A program certified by the department pursuant to Chapter 7.1 (commencing with Section 11832) or a facility licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) shall disclose to the department if any of its agents, partners, directors, officers, or owners, including a sole proprietor and member, has either of the following:(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 substance use disorder treatment or recovery services to clients of programs certified or facilities licensed by the department, if the entity is not part of the program certified or facility licensed by the department.(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 the description in paragraph (1) or (2) of 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). This subdivision does not require an investigation of a recovery residence that is not alleged to be operating in violation of Section 11834.30.(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.(f) No later than July 15, 2026, and each July 15 thereafter, all programs certified or facilities licensed by the department shall submit to the department a report of all money transfers between the program or facility and a recovery residence during the previous fiscal year.(f)(g) 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.
11833.05. (a) A program certified by the department pursuant to Chapter 7.1 (commencing with Section 11832) or a facility licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) shall disclose to the department if any of its agents, partners, directors, officers, or owners, including a sole proprietor and member, has either of the following:
(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 substance use disorder treatment or recovery services to clients of programs certified or facilities licensed by the department, if the entity is not part of the program certified or facility licensed by the department.
(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 the description in paragraph (1) or (2) of 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). This subdivision does not require an investigation of a recovery residence that is not alleged to be operating in violation of Section 11834.30.
(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.
(f) No later than July 15, 2026, and each July 15 thereafter, all programs certified or facilities licensed by the department shall submit to the department a report of all money transfers between the program or facility and a recovery residence during the previous fiscal year.
(f)
(g) 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.
SEC. 3. Chapter 7.45 (commencing with Section 11833.06) is added to Part 2 of Division 10.5 of the Health and Safety Code, to read: CHAPTER 7.45. Referral Agencies Article 1. General Provisions11833.06. (a) It is unlawful for a person, association, or corporation to establish, conduct, or maintain a referral agency, or to refer a person for remuneration to a program certified by the department pursuant to Chapter 7.1 (commencing with Section 11832) or a facility licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) without first obtaining a written license therefor as provided in this chapter from the director.(b) As used in this chapter, referral agency means a private, profit, or nonprofit agency that is engaged in the business of referring persons for remuneration to a program or facility described in subdivision (a).11833.061. (a) An application for a license or renewal of license under this chapter shall be accompanied by an annual fee. Each license shall expire 12 months from its date of issuance and the application for renewal accompanied by the fee shall be filed with the director not later than 30 days prior to the date of expiration. The amount of the fee shall not exceed the reasonable regulatory cost of administering the licensing program.(b) A licensee shall not have a direct or indirect financial interest in a program or facility doing business with the licensee.(c) Separate licenses shall be required for referral agencies that are maintained on separate, noncontiguous premises.(d) A license issued under this chapter is not transferable.11833.062. A license application shall be submitted to the department when any of the following circumstances occur:(a) Change of ownership of the referral agency.(b) Change of name of the referral agency.(c) Change of location of the referral agency.11833.063. A person, partnership, firm, corporation, or association desiring to obtain a license shall file with the department an application on forms furnished by the department. The application shall contain all of the following:(a) Name of the applicant and, if an individual, whether the applicant has attained 18 years of age.(b) Name of the referral agency.(c) The location of the referral agency.(d) The business or occupation engaged in by each applicant, and by each partner, officer, and director, for at least two years immediately preceding the filing of the application. In addition, each partner, officer, and director shall submit a statement setting forth whether they have previously engaged in the operation of a referral agency, whether they have been involved in, or the subject of, a refusal or revocation of a referral agency license, and whether they have been convicted of a crime other than a minor traffic offense.(e) If the applicant is a corporation, the name and principal business address of each officer and director of the corporation, and for nonpublic corporations, the name and business address of each stockholder owning 10 percent or more of the stock and the name and business address of any corporation member who has responsibility in the operation of the facility.(f) If the applicant is a partnership, the name and principal business address of each partner.(g) Evidence of the right to occupy the premises where the referral agency is to be located.(h) A copy of the partnership agreement or the articles of incorporation, if applicable.(i) A copy of the current organization chart.(j) A schedule of fees to be charged and collected by the referral agency and a statement of the method by which each fee is to be computed or determined.(k) A declaration that the licensee will not have any financial interest in any facility doing business with the referral agency.(l) Evidence satisfactory to the department that the applicant demonstrates reputable and responsible character and the capability to comply with this chapter.11833.064. This chapter does not apply to a local public agency performing referral services without cost to recipients of adult alcoholism or drug abuse recovery or treatment services when otherwise authorized by law.11833.065. (a) A licensee desiring to voluntarily surrender their license for cancellation or temporary suspension shall notify the department in writing as soon as possible and, in all cases, a minimum of 30 days before the effective date of cancellation or temporary suspension of the license.(b) A license placed in temporary suspension pursuant to this section may be reinstated by the department within 12 months of the date of the voluntary suspension upon receipt of an application and evidence of compliance with licensing requirements.11833.067. (a) Upon verification of compliance with this chapter and with the approval of the department, the department shall issue the license to the applicant.(b) If the applicant is not in compliance with this chapter, the department shall deny the applicant a license. Immediately upon the denial of a license, the department shall notify the applicant in writing. Within 20 days of receipt of the departments notice, the applicant may present their written petition for a hearing to the department. The proceedings shall be conducted in accordance with Section 100171.11833.068. The original license or true copy of the license shall be conspicuously posted in a prominent location accessible to public view.11833.069. (a) The licensee shall notify the department within 10 days in writing when a change of stockholder owning 10 percent or more of the nonpublic corporate stock occurs. The writing shall include the name and principal mailing addresses of the new stockholder.(b) When a change of agency manager occurs, the licensee shall notify the department in writing within 10 days of the change. The notification shall include the name of the new agency manager.(c) Each licensee shall notify the department in writing within 10 days of any change of the licensees mailing address. The writing shall include the licensees new mailing address.(d) When a change in the principal officer of a corporate licensee, chairperson, president, or general manager occurs, the licensee shall notify the department in writing within 10 days. The writing shall include the name and principal business address of the officer. Article 2. Penalties11833.070. The department may suspend or revoke a license issued under this chapter for a violation of any provision of the chapter or any regulation adopted by the department pursuant to this chapter. In addition, the department shall assess a civil penalty in the amount of fees received by a licensee as a result of a violation of any provision of the chapter or regulation. Proceedings to suspend or revoke a license shall be conducted pursuant to Section 100171.11833.071. A person, association, or corporation referring persons without a license in violation of Section 11833.06 shall be liable for a civil penalty in the amount of the remuneration illegally received, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General in any court of competent jurisdiction.11833.072. Civil penalties collected pursuant to this article shall be used to administer this chapter.
SEC. 3. Chapter 7.45 (commencing with Section 11833.06) is added to Part 2 of Division 10.5 of the Health and Safety Code, to read:
### SEC. 3.
CHAPTER 7.45. Referral Agencies Article 1. General Provisions11833.06. (a) It is unlawful for a person, association, or corporation to establish, conduct, or maintain a referral agency, or to refer a person for remuneration to a program certified by the department pursuant to Chapter 7.1 (commencing with Section 11832) or a facility licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) without first obtaining a written license therefor as provided in this chapter from the director.(b) As used in this chapter, referral agency means a private, profit, or nonprofit agency that is engaged in the business of referring persons for remuneration to a program or facility described in subdivision (a).11833.061. (a) An application for a license or renewal of license under this chapter shall be accompanied by an annual fee. Each license shall expire 12 months from its date of issuance and the application for renewal accompanied by the fee shall be filed with the director not later than 30 days prior to the date of expiration. The amount of the fee shall not exceed the reasonable regulatory cost of administering the licensing program.(b) A licensee shall not have a direct or indirect financial interest in a program or facility doing business with the licensee.(c) Separate licenses shall be required for referral agencies that are maintained on separate, noncontiguous premises.(d) A license issued under this chapter is not transferable.11833.062. A license application shall be submitted to the department when any of the following circumstances occur:(a) Change of ownership of the referral agency.(b) Change of name of the referral agency.(c) Change of location of the referral agency.11833.063. A person, partnership, firm, corporation, or association desiring to obtain a license shall file with the department an application on forms furnished by the department. The application shall contain all of the following:(a) Name of the applicant and, if an individual, whether the applicant has attained 18 years of age.(b) Name of the referral agency.(c) The location of the referral agency.(d) The business or occupation engaged in by each applicant, and by each partner, officer, and director, for at least two years immediately preceding the filing of the application. In addition, each partner, officer, and director shall submit a statement setting forth whether they have previously engaged in the operation of a referral agency, whether they have been involved in, or the subject of, a refusal or revocation of a referral agency license, and whether they have been convicted of a crime other than a minor traffic offense.(e) If the applicant is a corporation, the name and principal business address of each officer and director of the corporation, and for nonpublic corporations, the name and business address of each stockholder owning 10 percent or more of the stock and the name and business address of any corporation member who has responsibility in the operation of the facility.(f) If the applicant is a partnership, the name and principal business address of each partner.(g) Evidence of the right to occupy the premises where the referral agency is to be located.(h) A copy of the partnership agreement or the articles of incorporation, if applicable.(i) A copy of the current organization chart.(j) A schedule of fees to be charged and collected by the referral agency and a statement of the method by which each fee is to be computed or determined.(k) A declaration that the licensee will not have any financial interest in any facility doing business with the referral agency.(l) Evidence satisfactory to the department that the applicant demonstrates reputable and responsible character and the capability to comply with this chapter.11833.064. This chapter does not apply to a local public agency performing referral services without cost to recipients of adult alcoholism or drug abuse recovery or treatment services when otherwise authorized by law.11833.065. (a) A licensee desiring to voluntarily surrender their license for cancellation or temporary suspension shall notify the department in writing as soon as possible and, in all cases, a minimum of 30 days before the effective date of cancellation or temporary suspension of the license.(b) A license placed in temporary suspension pursuant to this section may be reinstated by the department within 12 months of the date of the voluntary suspension upon receipt of an application and evidence of compliance with licensing requirements.11833.067. (a) Upon verification of compliance with this chapter and with the approval of the department, the department shall issue the license to the applicant.(b) If the applicant is not in compliance with this chapter, the department shall deny the applicant a license. Immediately upon the denial of a license, the department shall notify the applicant in writing. Within 20 days of receipt of the departments notice, the applicant may present their written petition for a hearing to the department. The proceedings shall be conducted in accordance with Section 100171.11833.068. The original license or true copy of the license shall be conspicuously posted in a prominent location accessible to public view.11833.069. (a) The licensee shall notify the department within 10 days in writing when a change of stockholder owning 10 percent or more of the nonpublic corporate stock occurs. The writing shall include the name and principal mailing addresses of the new stockholder.(b) When a change of agency manager occurs, the licensee shall notify the department in writing within 10 days of the change. The notification shall include the name of the new agency manager.(c) Each licensee shall notify the department in writing within 10 days of any change of the licensees mailing address. The writing shall include the licensees new mailing address.(d) When a change in the principal officer of a corporate licensee, chairperson, president, or general manager occurs, the licensee shall notify the department in writing within 10 days. The writing shall include the name and principal business address of the officer. Article 2. Penalties11833.070. The department may suspend or revoke a license issued under this chapter for a violation of any provision of the chapter or any regulation adopted by the department pursuant to this chapter. In addition, the department shall assess a civil penalty in the amount of fees received by a licensee as a result of a violation of any provision of the chapter or regulation. Proceedings to suspend or revoke a license shall be conducted pursuant to Section 100171.11833.071. A person, association, or corporation referring persons without a license in violation of Section 11833.06 shall be liable for a civil penalty in the amount of the remuneration illegally received, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General in any court of competent jurisdiction.11833.072. Civil penalties collected pursuant to this article shall be used to administer this chapter.
CHAPTER 7.45. Referral Agencies Article 1. General Provisions11833.06. (a) It is unlawful for a person, association, or corporation to establish, conduct, or maintain a referral agency, or to refer a person for remuneration to a program certified by the department pursuant to Chapter 7.1 (commencing with Section 11832) or a facility licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) without first obtaining a written license therefor as provided in this chapter from the director.(b) As used in this chapter, referral agency means a private, profit, or nonprofit agency that is engaged in the business of referring persons for remuneration to a program or facility described in subdivision (a).11833.061. (a) An application for a license or renewal of license under this chapter shall be accompanied by an annual fee. Each license shall expire 12 months from its date of issuance and the application for renewal accompanied by the fee shall be filed with the director not later than 30 days prior to the date of expiration. The amount of the fee shall not exceed the reasonable regulatory cost of administering the licensing program.(b) A licensee shall not have a direct or indirect financial interest in a program or facility doing business with the licensee.(c) Separate licenses shall be required for referral agencies that are maintained on separate, noncontiguous premises.(d) A license issued under this chapter is not transferable.11833.062. A license application shall be submitted to the department when any of the following circumstances occur:(a) Change of ownership of the referral agency.(b) Change of name of the referral agency.(c) Change of location of the referral agency.11833.063. A person, partnership, firm, corporation, or association desiring to obtain a license shall file with the department an application on forms furnished by the department. The application shall contain all of the following:(a) Name of the applicant and, if an individual, whether the applicant has attained 18 years of age.(b) Name of the referral agency.(c) The location of the referral agency.(d) The business or occupation engaged in by each applicant, and by each partner, officer, and director, for at least two years immediately preceding the filing of the application. In addition, each partner, officer, and director shall submit a statement setting forth whether they have previously engaged in the operation of a referral agency, whether they have been involved in, or the subject of, a refusal or revocation of a referral agency license, and whether they have been convicted of a crime other than a minor traffic offense.(e) If the applicant is a corporation, the name and principal business address of each officer and director of the corporation, and for nonpublic corporations, the name and business address of each stockholder owning 10 percent or more of the stock and the name and business address of any corporation member who has responsibility in the operation of the facility.(f) If the applicant is a partnership, the name and principal business address of each partner.(g) Evidence of the right to occupy the premises where the referral agency is to be located.(h) A copy of the partnership agreement or the articles of incorporation, if applicable.(i) A copy of the current organization chart.(j) A schedule of fees to be charged and collected by the referral agency and a statement of the method by which each fee is to be computed or determined.(k) A declaration that the licensee will not have any financial interest in any facility doing business with the referral agency.(l) Evidence satisfactory to the department that the applicant demonstrates reputable and responsible character and the capability to comply with this chapter.11833.064. This chapter does not apply to a local public agency performing referral services without cost to recipients of adult alcoholism or drug abuse recovery or treatment services when otherwise authorized by law.11833.065. (a) A licensee desiring to voluntarily surrender their license for cancellation or temporary suspension shall notify the department in writing as soon as possible and, in all cases, a minimum of 30 days before the effective date of cancellation or temporary suspension of the license.(b) A license placed in temporary suspension pursuant to this section may be reinstated by the department within 12 months of the date of the voluntary suspension upon receipt of an application and evidence of compliance with licensing requirements.11833.067. (a) Upon verification of compliance with this chapter and with the approval of the department, the department shall issue the license to the applicant.(b) If the applicant is not in compliance with this chapter, the department shall deny the applicant a license. Immediately upon the denial of a license, the department shall notify the applicant in writing. Within 20 days of receipt of the departments notice, the applicant may present their written petition for a hearing to the department. The proceedings shall be conducted in accordance with Section 100171.11833.068. The original license or true copy of the license shall be conspicuously posted in a prominent location accessible to public view.11833.069. (a) The licensee shall notify the department within 10 days in writing when a change of stockholder owning 10 percent or more of the nonpublic corporate stock occurs. The writing shall include the name and principal mailing addresses of the new stockholder.(b) When a change of agency manager occurs, the licensee shall notify the department in writing within 10 days of the change. The notification shall include the name of the new agency manager.(c) Each licensee shall notify the department in writing within 10 days of any change of the licensees mailing address. The writing shall include the licensees new mailing address.(d) When a change in the principal officer of a corporate licensee, chairperson, president, or general manager occurs, the licensee shall notify the department in writing within 10 days. The writing shall include the name and principal business address of the officer. Article 2. Penalties11833.070. The department may suspend or revoke a license issued under this chapter for a violation of any provision of the chapter or any regulation adopted by the department pursuant to this chapter. In addition, the department shall assess a civil penalty in the amount of fees received by a licensee as a result of a violation of any provision of the chapter or regulation. Proceedings to suspend or revoke a license shall be conducted pursuant to Section 100171.11833.071. A person, association, or corporation referring persons without a license in violation of Section 11833.06 shall be liable for a civil penalty in the amount of the remuneration illegally received, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General in any court of competent jurisdiction.11833.072. Civil penalties collected pursuant to this article shall be used to administer this chapter.
CHAPTER 7.45. Referral Agencies
CHAPTER 7.45. Referral Agencies
Article 1. General Provisions11833.06. (a) It is unlawful for a person, association, or corporation to establish, conduct, or maintain a referral agency, or to refer a person for remuneration to a program certified by the department pursuant to Chapter 7.1 (commencing with Section 11832) or a facility licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) without first obtaining a written license therefor as provided in this chapter from the director.(b) As used in this chapter, referral agency means a private, profit, or nonprofit agency that is engaged in the business of referring persons for remuneration to a program or facility described in subdivision (a).11833.061. (a) An application for a license or renewal of license under this chapter shall be accompanied by an annual fee. Each license shall expire 12 months from its date of issuance and the application for renewal accompanied by the fee shall be filed with the director not later than 30 days prior to the date of expiration. The amount of the fee shall not exceed the reasonable regulatory cost of administering the licensing program.(b) A licensee shall not have a direct or indirect financial interest in a program or facility doing business with the licensee.(c) Separate licenses shall be required for referral agencies that are maintained on separate, noncontiguous premises.(d) A license issued under this chapter is not transferable.11833.062. A license application shall be submitted to the department when any of the following circumstances occur:(a) Change of ownership of the referral agency.(b) Change of name of the referral agency.(c) Change of location of the referral agency.11833.063. A person, partnership, firm, corporation, or association desiring to obtain a license shall file with the department an application on forms furnished by the department. The application shall contain all of the following:(a) Name of the applicant and, if an individual, whether the applicant has attained 18 years of age.(b) Name of the referral agency.(c) The location of the referral agency.(d) The business or occupation engaged in by each applicant, and by each partner, officer, and director, for at least two years immediately preceding the filing of the application. In addition, each partner, officer, and director shall submit a statement setting forth whether they have previously engaged in the operation of a referral agency, whether they have been involved in, or the subject of, a refusal or revocation of a referral agency license, and whether they have been convicted of a crime other than a minor traffic offense.(e) If the applicant is a corporation, the name and principal business address of each officer and director of the corporation, and for nonpublic corporations, the name and business address of each stockholder owning 10 percent or more of the stock and the name and business address of any corporation member who has responsibility in the operation of the facility.(f) If the applicant is a partnership, the name and principal business address of each partner.(g) Evidence of the right to occupy the premises where the referral agency is to be located.(h) A copy of the partnership agreement or the articles of incorporation, if applicable.(i) A copy of the current organization chart.(j) A schedule of fees to be charged and collected by the referral agency and a statement of the method by which each fee is to be computed or determined.(k) A declaration that the licensee will not have any financial interest in any facility doing business with the referral agency.(l) Evidence satisfactory to the department that the applicant demonstrates reputable and responsible character and the capability to comply with this chapter.11833.064. This chapter does not apply to a local public agency performing referral services without cost to recipients of adult alcoholism or drug abuse recovery or treatment services when otherwise authorized by law.11833.065. (a) A licensee desiring to voluntarily surrender their license for cancellation or temporary suspension shall notify the department in writing as soon as possible and, in all cases, a minimum of 30 days before the effective date of cancellation or temporary suspension of the license.(b) A license placed in temporary suspension pursuant to this section may be reinstated by the department within 12 months of the date of the voluntary suspension upon receipt of an application and evidence of compliance with licensing requirements.11833.067. (a) Upon verification of compliance with this chapter and with the approval of the department, the department shall issue the license to the applicant.(b) If the applicant is not in compliance with this chapter, the department shall deny the applicant a license. Immediately upon the denial of a license, the department shall notify the applicant in writing. Within 20 days of receipt of the departments notice, the applicant may present their written petition for a hearing to the department. The proceedings shall be conducted in accordance with Section 100171.11833.068. The original license or true copy of the license shall be conspicuously posted in a prominent location accessible to public view.11833.069. (a) The licensee shall notify the department within 10 days in writing when a change of stockholder owning 10 percent or more of the nonpublic corporate stock occurs. The writing shall include the name and principal mailing addresses of the new stockholder.(b) When a change of agency manager occurs, the licensee shall notify the department in writing within 10 days of the change. The notification shall include the name of the new agency manager.(c) Each licensee shall notify the department in writing within 10 days of any change of the licensees mailing address. The writing shall include the licensees new mailing address.(d) When a change in the principal officer of a corporate licensee, chairperson, president, or general manager occurs, the licensee shall notify the department in writing within 10 days. The writing shall include the name and principal business address of the officer.
Article 1. General Provisions
Article 1. General Provisions
11833.06. (a) It is unlawful for a person, association, or corporation to establish, conduct, or maintain a referral agency, or to refer a person for remuneration to a program certified by the department pursuant to Chapter 7.1 (commencing with Section 11832) or a facility licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) without first obtaining a written license therefor as provided in this chapter from the director.(b) As used in this chapter, referral agency means a private, profit, or nonprofit agency that is engaged in the business of referring persons for remuneration to a program or facility described in subdivision (a).
11833.06. (a) It is unlawful for a person, association, or corporation to establish, conduct, or maintain a referral agency, or to refer a person for remuneration to a program certified by the department pursuant to Chapter 7.1 (commencing with Section 11832) or a facility licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) without first obtaining a written license therefor as provided in this chapter from the director.
(b) As used in this chapter, referral agency means a private, profit, or nonprofit agency that is engaged in the business of referring persons for remuneration to a program or facility described in subdivision (a).
11833.061. (a) An application for a license or renewal of license under this chapter shall be accompanied by an annual fee. Each license shall expire 12 months from its date of issuance and the application for renewal accompanied by the fee shall be filed with the director not later than 30 days prior to the date of expiration. The amount of the fee shall not exceed the reasonable regulatory cost of administering the licensing program.(b) A licensee shall not have a direct or indirect financial interest in a program or facility doing business with the licensee.(c) Separate licenses shall be required for referral agencies that are maintained on separate, noncontiguous premises.(d) A license issued under this chapter is not transferable.
11833.061. (a) An application for a license or renewal of license under this chapter shall be accompanied by an annual fee. Each license shall expire 12 months from its date of issuance and the application for renewal accompanied by the fee shall be filed with the director not later than 30 days prior to the date of expiration. The amount of the fee shall not exceed the reasonable regulatory cost of administering the licensing program.
(b) A licensee shall not have a direct or indirect financial interest in a program or facility doing business with the licensee.
(c) Separate licenses shall be required for referral agencies that are maintained on separate, noncontiguous premises.
(d) A license issued under this chapter is not transferable.
11833.062. A license application shall be submitted to the department when any of the following circumstances occur:(a) Change of ownership of the referral agency.(b) Change of name of the referral agency.(c) Change of location of the referral agency.
11833.062. A license application shall be submitted to the department when any of the following circumstances occur:
(a) Change of ownership of the referral agency.
(b) Change of name of the referral agency.
(c) Change of location of the referral agency.
11833.063. A person, partnership, firm, corporation, or association desiring to obtain a license shall file with the department an application on forms furnished by the department. The application shall contain all of the following:(a) Name of the applicant and, if an individual, whether the applicant has attained 18 years of age.(b) Name of the referral agency.(c) The location of the referral agency.(d) The business or occupation engaged in by each applicant, and by each partner, officer, and director, for at least two years immediately preceding the filing of the application. In addition, each partner, officer, and director shall submit a statement setting forth whether they have previously engaged in the operation of a referral agency, whether they have been involved in, or the subject of, a refusal or revocation of a referral agency license, and whether they have been convicted of a crime other than a minor traffic offense.(e) If the applicant is a corporation, the name and principal business address of each officer and director of the corporation, and for nonpublic corporations, the name and business address of each stockholder owning 10 percent or more of the stock and the name and business address of any corporation member who has responsibility in the operation of the facility.(f) If the applicant is a partnership, the name and principal business address of each partner.(g) Evidence of the right to occupy the premises where the referral agency is to be located.(h) A copy of the partnership agreement or the articles of incorporation, if applicable.(i) A copy of the current organization chart.(j) A schedule of fees to be charged and collected by the referral agency and a statement of the method by which each fee is to be computed or determined.(k) A declaration that the licensee will not have any financial interest in any facility doing business with the referral agency.(l) Evidence satisfactory to the department that the applicant demonstrates reputable and responsible character and the capability to comply with this chapter.
11833.063. A person, partnership, firm, corporation, or association desiring to obtain a license shall file with the department an application on forms furnished by the department. The application shall contain all of the following:
(a) Name of the applicant and, if an individual, whether the applicant has attained 18 years of age.
(b) Name of the referral agency.
(c) The location of the referral agency.
(d) The business or occupation engaged in by each applicant, and by each partner, officer, and director, for at least two years immediately preceding the filing of the application. In addition, each partner, officer, and director shall submit a statement setting forth whether they have previously engaged in the operation of a referral agency, whether they have been involved in, or the subject of, a refusal or revocation of a referral agency license, and whether they have been convicted of a crime other than a minor traffic offense.
(e) If the applicant is a corporation, the name and principal business address of each officer and director of the corporation, and for nonpublic corporations, the name and business address of each stockholder owning 10 percent or more of the stock and the name and business address of any corporation member who has responsibility in the operation of the facility.
(f) If the applicant is a partnership, the name and principal business address of each partner.
(g) Evidence of the right to occupy the premises where the referral agency is to be located.
(h) A copy of the partnership agreement or the articles of incorporation, if applicable.
(i) A copy of the current organization chart.
(j) A schedule of fees to be charged and collected by the referral agency and a statement of the method by which each fee is to be computed or determined.
(k) A declaration that the licensee will not have any financial interest in any facility doing business with the referral agency.
(l) Evidence satisfactory to the department that the applicant demonstrates reputable and responsible character and the capability to comply with this chapter.
11833.064. This chapter does not apply to a local public agency performing referral services without cost to recipients of adult alcoholism or drug abuse recovery or treatment services when otherwise authorized by law.
11833.064. This chapter does not apply to a local public agency performing referral services without cost to recipients of adult alcoholism or drug abuse recovery or treatment services when otherwise authorized by law.
11833.065. (a) A licensee desiring to voluntarily surrender their license for cancellation or temporary suspension shall notify the department in writing as soon as possible and, in all cases, a minimum of 30 days before the effective date of cancellation or temporary suspension of the license.(b) A license placed in temporary suspension pursuant to this section may be reinstated by the department within 12 months of the date of the voluntary suspension upon receipt of an application and evidence of compliance with licensing requirements.
11833.065. (a) A licensee desiring to voluntarily surrender their license for cancellation or temporary suspension shall notify the department in writing as soon as possible and, in all cases, a minimum of 30 days before the effective date of cancellation or temporary suspension of the license.
(b) A license placed in temporary suspension pursuant to this section may be reinstated by the department within 12 months of the date of the voluntary suspension upon receipt of an application and evidence of compliance with licensing requirements.
11833.067. (a) Upon verification of compliance with this chapter and with the approval of the department, the department shall issue the license to the applicant.(b) If the applicant is not in compliance with this chapter, the department shall deny the applicant a license. Immediately upon the denial of a license, the department shall notify the applicant in writing. Within 20 days of receipt of the departments notice, the applicant may present their written petition for a hearing to the department. The proceedings shall be conducted in accordance with Section 100171.
11833.067. (a) Upon verification of compliance with this chapter and with the approval of the department, the department shall issue the license to the applicant.
(b) If the applicant is not in compliance with this chapter, the department shall deny the applicant a license. Immediately upon the denial of a license, the department shall notify the applicant in writing. Within 20 days of receipt of the departments notice, the applicant may present their written petition for a hearing to the department. The proceedings shall be conducted in accordance with Section 100171.
11833.068. The original license or true copy of the license shall be conspicuously posted in a prominent location accessible to public view.
11833.068. The original license or true copy of the license shall be conspicuously posted in a prominent location accessible to public view.
11833.069. (a) The licensee shall notify the department within 10 days in writing when a change of stockholder owning 10 percent or more of the nonpublic corporate stock occurs. The writing shall include the name and principal mailing addresses of the new stockholder.(b) When a change of agency manager occurs, the licensee shall notify the department in writing within 10 days of the change. The notification shall include the name of the new agency manager.(c) Each licensee shall notify the department in writing within 10 days of any change of the licensees mailing address. The writing shall include the licensees new mailing address.(d) When a change in the principal officer of a corporate licensee, chairperson, president, or general manager occurs, the licensee shall notify the department in writing within 10 days. The writing shall include the name and principal business address of the officer.
11833.069. (a) The licensee shall notify the department within 10 days in writing when a change of stockholder owning 10 percent or more of the nonpublic corporate stock occurs. The writing shall include the name and principal mailing addresses of the new stockholder.
(b) When a change of agency manager occurs, the licensee shall notify the department in writing within 10 days of the change. The notification shall include the name of the new agency manager.
(c) Each licensee shall notify the department in writing within 10 days of any change of the licensees mailing address. The writing shall include the licensees new mailing address.
(d) When a change in the principal officer of a corporate licensee, chairperson, president, or general manager occurs, the licensee shall notify the department in writing within 10 days. The writing shall include the name and principal business address of the officer.
Article 2. Penalties11833.070. The department may suspend or revoke a license issued under this chapter for a violation of any provision of the chapter or any regulation adopted by the department pursuant to this chapter. In addition, the department shall assess a civil penalty in the amount of fees received by a licensee as a result of a violation of any provision of the chapter or regulation. Proceedings to suspend or revoke a license shall be conducted pursuant to Section 100171.11833.071. A person, association, or corporation referring persons without a license in violation of Section 11833.06 shall be liable for a civil penalty in the amount of the remuneration illegally received, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General in any court of competent jurisdiction.11833.072. Civil penalties collected pursuant to this article shall be used to administer this chapter.
Article 2. Penalties
Article 2. Penalties
11833.070. The department may suspend or revoke a license issued under this chapter for a violation of any provision of the chapter or any regulation adopted by the department pursuant to this chapter. In addition, the department shall assess a civil penalty in the amount of fees received by a licensee as a result of a violation of any provision of the chapter or regulation. Proceedings to suspend or revoke a license shall be conducted pursuant to Section 100171.
11833.070. The department may suspend or revoke a license issued under this chapter for a violation of any provision of the chapter or any regulation adopted by the department pursuant to this chapter. In addition, the department shall assess a civil penalty in the amount of fees received by a licensee as a result of a violation of any provision of the chapter or regulation. Proceedings to suspend or revoke a license shall be conducted pursuant to Section 100171.
11833.071. A person, association, or corporation referring persons without a license in violation of Section 11833.06 shall be liable for a civil penalty in the amount of the remuneration illegally received, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General in any court of competent jurisdiction.
11833.071. A person, association, or corporation referring persons without a license in violation of Section 11833.06 shall be liable for a civil penalty in the amount of the remuneration illegally received, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General in any court of competent jurisdiction.
11833.072. Civil penalties collected pursuant to this article shall be used to administer this chapter.
11833.072. Civil penalties collected pursuant to this article shall be used to administer this chapter.
SEC. 4. Section 11834.26 of the Health and Safety Code is amended to read:11834.26. (a) (1) The licensee shall provide at least one of the following nonmedical services:(1)Recovery services.(2)Treatment services.(A) Treatment services, which are intake services, screening, assessment, treatment planning, individual counseling, group counseling, and case management.(3)(B) Detoxification services.(2) (A) Licensing pursuant to this chapter shall not be required to provide recovery services.(B) For purposes of this chapter, recovery services are community services that can provide emotional and practical support for continued remission, including, but not limited to, mutual aid groups, recovery coaching, recovery housing, recovery management, recovery community centers, and recovery-based education at every academic level. Recovery services include social and recreational recovery infrastructures and social media intended to make it easier for people in recovery to enjoy activities and social interaction that do not involve alcohol or drugs, including, but not limited to, recovery-specific cafes and clubhouses, sports leagues, and creative arts programs.(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, or detoxification services.(7) Discharge and continuing care planning.(8) Indicators of recovery, treatment, or detoxification outcomes.(c) A licensee shall not deny admission to any individual based solely on the individual having a valid prescription from a licensed health care professional for a medication approved by the federal Food and Drug Administration for the purpose of narcotic replacement treatment or medication-assisted treatment of substance use disorders.(d) A licensee shall develop a plan to address when a resident relapses, including when a resident is on the licensed premises after consuming alcohol or using illegal drugs. The plan shall include details of how the treatment stay and treatment plan of the resident will be adjusted to address the relapse episode and how the resident will be treated and supervised while under the influence of alcohol or illegal drugs, as well as discharge and continuing care planning, including when a licensee determines that a resident requires services beyond the scope of the licensee. This subdivision does not require a licensee to discharge a resident.(e) The department shall have the authority to implement subdivisions (d) and (f) by bulletin or all-county or all-provider letter, after stakeholder input, until regulations are promulgated. The department shall promulgate regulations to implement subdivisions (d) and (f) no later than July 1, 2024.(f) (1) A licensee shall, at all times, maintain at least two unexpired doses of naloxone hydrochloride, or any other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, on the premises and shall, at all times, have at least one staff member on the premises who knows the specific location of the naloxone hydrochloride, or other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, and who has been trained on the administration of naloxone hydrochloride, or the other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, in accordance with the training requirements set forth by the department. Proof of completion of training on the administration of naloxone hydrochloride, or other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, shall be documented in the staff members individual personnel file.(2) A trained staff member shall not be liable for damages in a civil action or subject to criminal prosecution for the administration, in good faith, of naloxone hydrochloride, or any other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, to a person appearing to experience an opioid-related overdose. This paragraph shall not apply in a case where the person who renders emergency care treatment by the use of naloxone hydrochloride, or any other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, acts with gross negligence or engages in willful and wanton misconduct.(g) In the development of regulations implementing this section, the written record requirements shall be modified or adapted for social model programs.
SEC. 4. Section 11834.26 of the Health and Safety Code is amended to read:
### SEC. 4.
11834.26. (a) (1) The licensee shall provide at least one of the following nonmedical services:(1)Recovery services.(2)Treatment services.(A) Treatment services, which are intake services, screening, assessment, treatment planning, individual counseling, group counseling, and case management.(3)(B) Detoxification services.(2) (A) Licensing pursuant to this chapter shall not be required to provide recovery services.(B) For purposes of this chapter, recovery services are community services that can provide emotional and practical support for continued remission, including, but not limited to, mutual aid groups, recovery coaching, recovery housing, recovery management, recovery community centers, and recovery-based education at every academic level. Recovery services include social and recreational recovery infrastructures and social media intended to make it easier for people in recovery to enjoy activities and social interaction that do not involve alcohol or drugs, including, but not limited to, recovery-specific cafes and clubhouses, sports leagues, and creative arts programs.(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, or detoxification services.(7) Discharge and continuing care planning.(8) Indicators of recovery, treatment, or detoxification outcomes.(c) A licensee shall not deny admission to any individual based solely on the individual having a valid prescription from a licensed health care professional for a medication approved by the federal Food and Drug Administration for the purpose of narcotic replacement treatment or medication-assisted treatment of substance use disorders.(d) A licensee shall develop a plan to address when a resident relapses, including when a resident is on the licensed premises after consuming alcohol or using illegal drugs. The plan shall include details of how the treatment stay and treatment plan of the resident will be adjusted to address the relapse episode and how the resident will be treated and supervised while under the influence of alcohol or illegal drugs, as well as discharge and continuing care planning, including when a licensee determines that a resident requires services beyond the scope of the licensee. This subdivision does not require a licensee to discharge a resident.(e) The department shall have the authority to implement subdivisions (d) and (f) by bulletin or all-county or all-provider letter, after stakeholder input, until regulations are promulgated. The department shall promulgate regulations to implement subdivisions (d) and (f) no later than July 1, 2024.(f) (1) A licensee shall, at all times, maintain at least two unexpired doses of naloxone hydrochloride, or any other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, on the premises and shall, at all times, have at least one staff member on the premises who knows the specific location of the naloxone hydrochloride, or other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, and who has been trained on the administration of naloxone hydrochloride, or the other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, in accordance with the training requirements set forth by the department. Proof of completion of training on the administration of naloxone hydrochloride, or other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, shall be documented in the staff members individual personnel file.(2) A trained staff member shall not be liable for damages in a civil action or subject to criminal prosecution for the administration, in good faith, of naloxone hydrochloride, or any other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, to a person appearing to experience an opioid-related overdose. This paragraph shall not apply in a case where the person who renders emergency care treatment by the use of naloxone hydrochloride, or any other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, acts with gross negligence or engages in willful and wanton misconduct.(g) In the development of regulations implementing this section, the written record requirements shall be modified or adapted for social model programs.
11834.26. (a) (1) The licensee shall provide at least one of the following nonmedical services:(1)Recovery services.(2)Treatment services.(A) Treatment services, which are intake services, screening, assessment, treatment planning, individual counseling, group counseling, and case management.(3)(B) Detoxification services.(2) (A) Licensing pursuant to this chapter shall not be required to provide recovery services.(B) For purposes of this chapter, recovery services are community services that can provide emotional and practical support for continued remission, including, but not limited to, mutual aid groups, recovery coaching, recovery housing, recovery management, recovery community centers, and recovery-based education at every academic level. Recovery services include social and recreational recovery infrastructures and social media intended to make it easier for people in recovery to enjoy activities and social interaction that do not involve alcohol or drugs, including, but not limited to, recovery-specific cafes and clubhouses, sports leagues, and creative arts programs.(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, or detoxification services.(7) Discharge and continuing care planning.(8) Indicators of recovery, treatment, or detoxification outcomes.(c) A licensee shall not deny admission to any individual based solely on the individual having a valid prescription from a licensed health care professional for a medication approved by the federal Food and Drug Administration for the purpose of narcotic replacement treatment or medication-assisted treatment of substance use disorders.(d) A licensee shall develop a plan to address when a resident relapses, including when a resident is on the licensed premises after consuming alcohol or using illegal drugs. The plan shall include details of how the treatment stay and treatment plan of the resident will be adjusted to address the relapse episode and how the resident will be treated and supervised while under the influence of alcohol or illegal drugs, as well as discharge and continuing care planning, including when a licensee determines that a resident requires services beyond the scope of the licensee. This subdivision does not require a licensee to discharge a resident.(e) The department shall have the authority to implement subdivisions (d) and (f) by bulletin or all-county or all-provider letter, after stakeholder input, until regulations are promulgated. The department shall promulgate regulations to implement subdivisions (d) and (f) no later than July 1, 2024.(f) (1) A licensee shall, at all times, maintain at least two unexpired doses of naloxone hydrochloride, or any other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, on the premises and shall, at all times, have at least one staff member on the premises who knows the specific location of the naloxone hydrochloride, or other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, and who has been trained on the administration of naloxone hydrochloride, or the other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, in accordance with the training requirements set forth by the department. Proof of completion of training on the administration of naloxone hydrochloride, or other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, shall be documented in the staff members individual personnel file.(2) A trained staff member shall not be liable for damages in a civil action or subject to criminal prosecution for the administration, in good faith, of naloxone hydrochloride, or any other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, to a person appearing to experience an opioid-related overdose. This paragraph shall not apply in a case where the person who renders emergency care treatment by the use of naloxone hydrochloride, or any other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, acts with gross negligence or engages in willful and wanton misconduct.(g) In the development of regulations implementing this section, the written record requirements shall be modified or adapted for social model programs.
11834.26. (a) (1) The licensee shall provide at least one of the following nonmedical services:(1)Recovery services.(2)Treatment services.(A) Treatment services, which are intake services, screening, assessment, treatment planning, individual counseling, group counseling, and case management.(3)(B) Detoxification services.(2) (A) Licensing pursuant to this chapter shall not be required to provide recovery services.(B) For purposes of this chapter, recovery services are community services that can provide emotional and practical support for continued remission, including, but not limited to, mutual aid groups, recovery coaching, recovery housing, recovery management, recovery community centers, and recovery-based education at every academic level. Recovery services include social and recreational recovery infrastructures and social media intended to make it easier for people in recovery to enjoy activities and social interaction that do not involve alcohol or drugs, including, but not limited to, recovery-specific cafes and clubhouses, sports leagues, and creative arts programs.(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, or detoxification services.(7) Discharge and continuing care planning.(8) Indicators of recovery, treatment, or detoxification outcomes.(c) A licensee shall not deny admission to any individual based solely on the individual having a valid prescription from a licensed health care professional for a medication approved by the federal Food and Drug Administration for the purpose of narcotic replacement treatment or medication-assisted treatment of substance use disorders.(d) A licensee shall develop a plan to address when a resident relapses, including when a resident is on the licensed premises after consuming alcohol or using illegal drugs. The plan shall include details of how the treatment stay and treatment plan of the resident will be adjusted to address the relapse episode and how the resident will be treated and supervised while under the influence of alcohol or illegal drugs, as well as discharge and continuing care planning, including when a licensee determines that a resident requires services beyond the scope of the licensee. This subdivision does not require a licensee to discharge a resident.(e) The department shall have the authority to implement subdivisions (d) and (f) by bulletin or all-county or all-provider letter, after stakeholder input, until regulations are promulgated. The department shall promulgate regulations to implement subdivisions (d) and (f) no later than July 1, 2024.(f) (1) A licensee shall, at all times, maintain at least two unexpired doses of naloxone hydrochloride, or any other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, on the premises and shall, at all times, have at least one staff member on the premises who knows the specific location of the naloxone hydrochloride, or other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, and who has been trained on the administration of naloxone hydrochloride, or the other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, in accordance with the training requirements set forth by the department. Proof of completion of training on the administration of naloxone hydrochloride, or other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, shall be documented in the staff members individual personnel file.(2) A trained staff member shall not be liable for damages in a civil action or subject to criminal prosecution for the administration, in good faith, of naloxone hydrochloride, or any other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, to a person appearing to experience an opioid-related overdose. This paragraph shall not apply in a case where the person who renders emergency care treatment by the use of naloxone hydrochloride, or any other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, acts with gross negligence or engages in willful and wanton misconduct.(g) In the development of regulations implementing this section, the written record requirements shall be modified or adapted for social model programs.
11834.26. (a) (1) The licensee shall provide at least one of the following nonmedical services:
(1)Recovery services.
(2)Treatment services.
(A) Treatment services, which are intake services, screening, assessment, treatment planning, individual counseling, group counseling, and case management.
(3)
(B) Detoxification services.
(2) (A) Licensing pursuant to this chapter shall not be required to provide recovery services.
(B) For purposes of this chapter, recovery services are community services that can provide emotional and practical support for continued remission, including, but not limited to, mutual aid groups, recovery coaching, recovery housing, recovery management, recovery community centers, and recovery-based education at every academic level. Recovery services include social and recreational recovery infrastructures and social media intended to make it easier for people in recovery to enjoy activities and social interaction that do not involve alcohol or drugs, including, but not limited to, recovery-specific cafes and clubhouses, sports leagues, and creative arts programs.
(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, or detoxification services.
(7) Discharge and continuing care planning.
(8) Indicators of recovery, treatment, or detoxification outcomes.
(c) A licensee shall not deny admission to any individual based solely on the individual having a valid prescription from a licensed health care professional for a medication approved by the federal Food and Drug Administration for the purpose of narcotic replacement treatment or medication-assisted treatment of substance use disorders.
(d) A licensee shall develop a plan to address when a resident relapses, including when a resident is on the licensed premises after consuming alcohol or using illegal drugs. The plan shall include details of how the treatment stay and treatment plan of the resident will be adjusted to address the relapse episode and how the resident will be treated and supervised while under the influence of alcohol or illegal drugs, as well as discharge and continuing care planning, including when a licensee determines that a resident requires services beyond the scope of the licensee. This subdivision does not require a licensee to discharge a resident.
(e) The department shall have the authority to implement subdivisions (d) and (f) by bulletin or all-county or all-provider letter, after stakeholder input, until regulations are promulgated. The department shall promulgate regulations to implement subdivisions (d) and (f) no later than July 1, 2024.
(f) (1) A licensee shall, at all times, maintain at least two unexpired doses of naloxone hydrochloride, or any other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, on the premises and shall, at all times, have at least one staff member on the premises who knows the specific location of the naloxone hydrochloride, or other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, and who has been trained on the administration of naloxone hydrochloride, or the other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, in accordance with the training requirements set forth by the department. Proof of completion of training on the administration of naloxone hydrochloride, or other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, shall be documented in the staff members individual personnel file.
(2) A trained staff member shall not be liable for damages in a civil action or subject to criminal prosecution for the administration, in good faith, of naloxone hydrochloride, or any other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, to a person appearing to experience an opioid-related overdose. This paragraph shall not apply in a case where the person who renders emergency care treatment by the use of naloxone hydrochloride, or any other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, acts with gross negligence or engages in willful and wanton misconduct.
(g) In the development of regulations implementing this section, the written record requirements shall be modified or adapted for social model programs.
Except as otherwise provided by law, all misdemeanors and infractions shall be prosecuted by written complaint under oath subscribed by the complainant. That complaint may be verified on information and belief.