Senate Bill No. 1283

Introduced by Senator Bates

(Principal coauthor: Assembly Member Brough)

February 19, 2016

An act to amend Sections 11834.01, 11834.02, 11834.09, 11834.10, 11834.15, 11834.17, 11834.18, 11834.20, 11834.21, 11834.22, 11834.23, 11834.24, 11834.25, 11834.26, 11834.29, 11834.30, 11834.31, 11834.32, 11834.36, and 11834.50 of, and to add Sections 11834.11 and 11834.265 to, the Health and Safety Code, relating to substance abuse.

LEGISLATIVE COUNSEL’S DIGEST

SB 1283, as introduced, Bates. Substance abuse: adult recovery maintenance facilities.

Existing law provides for the licensure and regulation of alcoholism or drug abuse recovery or treatment facilities serving adults by the State Department of Health Care Services, as prescribed.

This bill would also require the department to administer the licensure and regulation of adult recovery maintenance facilities, as defined, pursuant to those provisions. The bill would establish licensure fees for purposes of administering these provisions. The bill would make conforming changes.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 11834.01 of the Health and Safety Code
is amended to read:

11834.01.  

The department has the sole authority in state
government to license adult alcoholism or drug abuse recovery or
treatment begin delete facilities. end delete begin insert facilities and adult recovery maintenance
facilities. The department, in consultation with providers of alcohol
and other drug recovery, treatment, detoxification, and adult
recovery maintenance services, county alcohol and drug program
administrators, local government jurisdictions, funding and referral
organizations and agencies, and appropriate state agencies, by
no later than July 1, 2017, shall develop and adopt emergency
regulations governing the licensing and operation of adult recovery
maintenance facilities. end insert

(a) In administering this chapter, the department shall issue new
licenses for a period of two years to those programs that meet the
criteria for licensure set forth in Section 11834.03.

(b) Onsite program visits for compliance shall be conducted at
least once during the license period.

(c) The department may conduct announced or unannounced
site visits to facilities licensed pursuant to this chapter for the
purpose of reviewing for compliance with all applicable statutes
and regulations.

begin insert

(d) Except where otherwise directly stated or necessarily
implied, all provisions of this chapter shall apply to adult
alcoholism or drug abuse recovery treatment facilities and to adult
recovery maintenance facilities.

end insert

SEC. 2.  

Section 11834.02 of the Health and Safety Code is
amended to read:

11834.02.  

(a) As used in this chapter, “alcoholism or drug
abuse recovery or treatment facility” or “facility” means any
premises, place, or building that provides 24-hour residential
nonmedical services to adults who are recovering from problems
related to alcohol, drug, or alcohol and drug misuse or abuse, and
who begin delete need end delete begin insert receive end insert alcohol, drug, or alcohol and drug recovery
treatment or detoxification services.

begin insert

(b) As used in this chapter, “adult recovery maintenance
facility” means any facility, place, or building that provides
alcohol- or drug-free housing whose rules, peer-led groups, staff
activities, or other structured operations are directed toward
maintenance of sobriety for adults in early recovery from substance
abuse or who recently have completed alcoholism or drug abuse
recovery or treatment services who may be required by the licensee
to receive those treatment services at another facility. This facility
is designed to promote independent living in a supervised setting,
but does not require staff onsite on a 24-hour-a-day basis, and
does not provide professional recovery and treatment services
onsite.

end insert begin delete

(b)

end delete

begin insert (c) end insert  As used in this chapter, “adults” may include, but is not
limited to, all of the following:

(1)  begin delete Mothers over end delete begin insert Persons end insert 18 years of age begin delete and their children. end delete
begin insert or older. end insert

(2) Emancipated minors, which may include, but is not limited
to, begin delete mothers end delete begin insert persons end insert under 18 years of begin delete age and their children. end delete begin insert age. end insert

begin delete

(c)

end delete

begin insert (d) end insert  As used in this chapter, “emancipated minors” means persons
under 18 years of age who have acquired emancipation status
pursuant to Section 7002 of the Family Code.

begin delete

(d)

end delete

begin insert (e) end insert  Notwithstanding subdivision (a), an alcoholism or drug abuse
recovery or treatment facility may serve adolescents upon the
issuance of a waiver granted by the department pursuant to
regulations adopted under subdivision (c) of Section 11834.50.

SEC. 3.  

Section 11834.09 of the Health and Safety Code is
amended to read:

11834.09.  

(a) Upon receipt of a completed written application,
fire clearance, and licensing fee from the prospective licensee, and
subject to the department’s review and determination that the
prospective licensee can comply with this chapter and regulations
adopted pursuant to this chapter, the department may issue begin delete a single
license to the following types of alcoholism or drug abuse recovery
or treatment facilities: end delete begin insert the following licenses: end insert

begin insert

(1) A single license to the following types of alcoholism or drug
abuse recovery or treatment facilities:

end insert begin delete

(1)

end delete

begin insert (A) end insert  A residential facility.

begin delete

(2)

end delete

begin insert (B) end insert  A facility wherein separate buildings or portions of a
residential facility are integral components of a single alcoholism
or drug abuse recovery or treatment facility and all of the
components of the facility are managed by the same licensee. begin insert This
subparagraph does not apply to adult recovery maintenance
facilities. end insert

begin insert

(2) A single license to an adult recovery maintenance facility.
The department shall commence the licensure of adult recovery
maintenance facilities only after the development and adoption of
regulations pursuant to Section 11834.01. However, the licensing
activity shall in no event commence later than January 1, 2018.

end insert

(b) Failure to submit a completed written application, fire
clearance, and payment of the required licensing fee in a timely
manner shall result in termination of the department’s licensure
review and shall require submission of a new application by the
prospective licensee.

(c) Failure of the prospective licensee to demonstrate the ability
to comply with this chapter or the regulations adopted pursuant to
this chapter shall result in departmental denial of the prospective
licensee’s application for licensure.

SEC. 4.  

Section 11834.10 of the Health and Safety Code is
amended to read:

11834.10.  

A licensee shall not operate an alcoholism or drug
abuse recovery or treatment facility begin insert or an adult recovery
maintenance facility end insert beyond the conditions and limitations
specified on the license.

SEC. 5.  

Section 11834.11 is added to the Health and Safety
Code, to read:

11834.11.  

Beginning January 1, 2018, no state or local social
services, law enforcement, or corrections agency, or a court,
probation officer, or parole officer may refer any person to an
alcoholism or drug abuse recovery or treatment facility or an adult
recovery maintenance facility that is not licensed.

SEC. 6.  

Section 11834.15 of the Health and Safety Code is
amended to read:

11834.15.  

begin insert

(a) The department shall calculate and establish
the fee for initial licensure and for extension of the period of
licensure. The nonrefundable licensing fee shall be calculated
every two years based upon the department’s reasonable cost in
administering the licensure under this chapter for other than local
governmental entities. No fee shall be levied for licensure of local
governmental entities.

end insert begin insert

(b) The license fee proceeds for adult alcoholism or drug abuse
recovery or treatment facilities shall equal the department’s
reasonable cost in administering the licensure of these facilities.

end insert begin insert

(c) The license fee proceeds for adult recovery maintenance
facilities shall be sufficient to cover the department’s reasonable
cost in administering the licensure of these facilities. The total
amount of this fee shall not exceed the licensing fee authorized in
subdivision (b).

end insert begin delete

The

end delete

begin insert (d) end insert begin insert   end insert begin insert The end insert department may assess civil penalties in accordance
with Sections 11834.31 and 11834.34.

SEC. 7.  

Section 11834.17 of the Health and Safety Code is
amended to read:

11834.17.  

No city, county, city and county, or district shall
adopt or enforce any building ordinance or local rule or regulations
relating to the subject of fire and life safety in alcoholism and drug
abuse recovery facilities begin delete which end delete begin insert or adult recovery maintenance
facilities that end insert is more restrictive than those standards adopted by
the State Fire Marshal.

SEC. 8.  

Section 11834.18 of the Health and Safety Code is
amended to read:

11834.18.  

(a)  Nothing in this chapter shall authorize the
imposition of rent regulations or controls for licensed alcoholism
or drug abuse recovery or treatment begin delete facilities. end delete begin insert facilities or adult
recovery maintenance facilities. end insert

(b)  Licensed alcoholism and drug abuse recovery or treatment
facilities begin insert and adult recovery maintenance facilities end insert shall not be
subject to controls on rent imposed by any state or local agency
or other local government or entity.

SEC. 9.  

Section 11834.20 of the Health and Safety Code is
amended to read:

11834.20.  

The Legislature hereby declares that it is the policy
of this state that each county and city shall permit and encourage
the development of sufficient numbers and types of alcoholism or
drug abuse recovery or treatment facilities begin insert and adult recovery
maintenance facilities end insert as are commensurate with local need.

The provisions of this article apply equally to any chartered city,
general law city, county, city and county, district, and any other
local public entity.

For the purposes of this article, “six or fewer persons” does not
include the begin delete licensee or end delete begin insert licensee, end insert members of the licensee’s family
or persons employed as facility begin delete staff. end delete begin insert staff, or minor dependents
of the resident. end insert

SEC. 10.  

Section 11834.21 of the Health and Safety Code is
amended to read:

11834.21.  

begin insert (a) end insert begin insert   end insert Any person licensed under this chapter who
operates or proposes to operate an alcoholism or drug abuse
recovery or treatment begin delete facility, end delete begin insert facility or an adult recovery
maintenance facility, end insert the department or other public agency
authorized to license such a facility, or any public or private agency
begin delete which end delete begin insert that end insert uses or may use the services of the facility to place its
clients, may invoke the provisions of this article.

begin insert (b) end insert begin insert   end insert This section shall not be construed to prohibit any interested
party from bringing suit to invoke the provisions of this article.

SEC. 11.  

Section 11834.22 of the Health and Safety Code is
amended to read:

11834.22.  

An alcoholism or drug abuse recovery or treatment
facility begin delete which end delete begin insert or an adult recovery maintenance facility that end insert serves
six or fewer persons shall not be subject to any business taxes,
local registration fees, use permit fees, or other fees to which other
single-family dwellings are not likewise subject. Nothing in this
section shall be construed to forbid the imposition of local property
taxes, fees for water service and garbage collection, fees for
inspections not prohibited by Section 11834.23, local bond
assessments, and other fees, charges, and assessments to which
other single-family dwellings are likewise subject. Neither the
State Fire Marshal nor any local public entity shall charge any fee
for enforcing fire inspection regulations pursuant to state law or
regulation or local ordinance, with respect to alcoholism or drug
abuse recovery or treatment facilities begin delete which end delete begin insert or adult recovery
maintenance facilities that end insert serve six or fewer persons.

SEC. 12.  

Section 11834.23 of the Health and Safety Code is
amended to read:

11834.23.  

(a) Whether or not unrelated persons are living
together, an alcoholism or drug abuse recovery or treatment facility
begin insert or an adult recovery maintenance facility end insert that serves six or fewer
persons shall be considered a residential use of property for the
purposes of this article. In addition, the residents and operators of
the facility shall be considered a family for the purposes of any
law or zoning ordinance that relates to the residential use of
property pursuant to this article.

(b) For the purpose of all local ordinances, an alcoholism or
drug abuse recovery or treatment facility begin insert or an adult recovery
maintenance facility end insert that serves six or fewer persons shall not be
included within the definition of a boarding house, rooming house,
institution or home for the care of minors, the aged, or persons
with mental health disorders, foster care home, guest home, rest
home, community residence, or other similar term that implies that
the alcoholism or drug abuse recovery or treatment home begin insert or the
adult recovery maintenance facility end insert is a business run for profit or
differs in any other way from a single-family residence.

(c) This section shall not be construed to forbid a city, county,
or other local public entity from placing restrictions on building
heights, setback, lot dimensions, or placement of signs of an
alcoholism or drug abuse recovery or treatment facility begin insert or an adult
recovery maintenance facility end insert that serves six or fewer persons as
long as the restrictions are identical to those applied to other
single-family residences.

(d) This section shall not be construed to forbid the application
to an alcoholism or drug abuse recovery or treatment facility begin insert or
an adult recovery maintenance facility end insert of any local ordinance that
deals with health and safety, building standards, environmental
impact standards, or any other matter within the jurisdiction of a
local public entity. However, the ordinance shall not distinguish
alcoholism or drug abuse recovery or treatment facilities begin insert or adult
recovery maintenance facilities end insert that serve six or fewer persons
from other single-family dwellings or distinguish residents of
alcoholism or drug abuse recovery or treatment facilities begin insert or adult
recovery maintenance facilities end insert from persons who reside in other
single-family dwellings.

(e) No conditional use permit, zoning variance, or other zoning
clearance shall be required of an alcoholism or drug abuse recovery
or treatment facility begin insert or an adult recovery maintenance facility end insert that
serves six or fewer persons that is not required of a single-family
residence in the same zone.

(f) Use of a single-family dwelling for purposes of an alcoholism
or drug abuse recovery facility begin insert or an adult recovery maintenance
facility end insert serving six or fewer persons shall not constitute a change
of occupancy for purposes of Part 1.5 (commencing with Section
17910) of Division 13 or local building codes. However, nothing
in this section is intended to supersede Section 13143 or 13143.6,
to the extent those sections are applicable to alcoholism or drug
abuse recovery or treatment facilities begin insert or adult recovery
maintenance facilities end insert serving six or fewer residents.

SEC. 13.  

Section 11834.24 of the Health and Safety Code is
amended to read:

11834.24.  

No fire inspection clearance or other permit, license,
clearance, or similar authorization shall be denied to an alcoholism
or drug abuse recovery or treatment facility begin insert or an adult recovery
maintenance facility end insert because of a failure to comply with local
ordinances from which the facility is exempt under Section
11834.23, if the applicant otherwise qualifies for a fire clearance,
license, permit, or similar authorization.

SEC. 14.  

Section 11834.25 of the Health and Safety Code is
amended to read:

11834.25.  

begin delete For end delete begin insert (a) end insert begin insert   end insert begin insert For end insert the purposes of any contract, deed, or
covenant for the transfer of real property executed on or after
January 1, 1979, an alcoholism or drug abuse recovery or treatment
facility begin delete which end delete begin insert that end insert serves six or fewer persons shall be considered
a residential use of property and a use of property by a single
family, notwithstanding any disclaimers to the contrary.

begin insert

(b) For the purposes of any contract, deed, or covenant for the
transfer of real property executed on or after January 1, 2017, an
adult recovery maintenance facility that serves six or fewer persons
shall be considered a residential use of property and a use of
property by a single family, notwithstanding any disclaimers to
the contrary.

end insert

SEC. 15.  

Section 11834.26 of the Health and Safety Code is
amended to read:

11834.26.  

(a)  begin delete The licensee end delete begin insert An alcoholism or drug abuse
recovery or treatment facility end insert begin insert end insert shall provide at least one of the
following nonmedical services:

(1) Recovery services.

(2) Treatment services.

(3) Detoxification services.

(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, begin delete treatment end delete begin insert treatment, end insert
or detoxification services.

(7) Discharge and continuing care planning.

(8) Indicators of recovery, treatment, or detoxification outcomes.

(c) In the development of regulations implementing this section,
the written record requirements shall be modified or adapted for
social model programs.

begin insert

(d) This section shall not apply to adult recovery maintenance
facilities.

end insert

SEC. 16.  

Section 11834.265 is added to the Health and Safety
Code, to read:

11834.265.  

(a) An adult recovery maintenance facility shall
provide, but not be limited to providing, any of the following
recovery maintenance services:

(1) Aftercare.

(2) Referral to community recovery resources.

(3) Peer-led groups.

(4) Vocational guidance.

(5) Referral to offsite alcoholism or other drug treatment
services.

(6) Documentation on progress made or services received from
referral agencies.

(b) The adult recovery maintenance facility may require or
provide, or both, drug and alcohol testing and self-help groups on
or off the premises.

(c) The facility shall maintain records in order to document the
services provided.

SEC. 17.  

Section 11834.29 of the Health and Safety Code is
amended to read:

11834.29.  

Any licensee that provides recovery, treatment, begin delete or
detoxification services, end delete begin insert detoxification, or recovery maintenance
services end insert that is not in compliance with the requirements of this
begin delete article, end delete begin insert article end insert shall have one year from the effective date of the
regulations adopted by the department pursuant to this article and
pursuant to Article 5 (commencing with Section 11834.50) to
comply. In the event that the licensee fails to comply, the
department shall take action against the licensee pursuant to Article
4 (commencing with Section 11834.36).

SEC. 18.  

Section 11834.30 of the Health and Safety Code is
amended to read:

11834.30.  

No person, firm, partnership, association,
corporation, or local governmental entity shall operate, establish,
manage, conduct, or maintain an alcoholism or drug abuse recovery
or treatment facility begin insert or an adult recovery maintenance facility end insert to
provide recovery, treatment, begin delete or detoxification end delete begin insert detoxification, or
recovery maintenance end insert services within this state without first
obtaining a current valid license issued pursuant to this chapter.

SEC. 19.  

Section 11834.31 of the Health and Safety Code is
amended to read:

11834.31.  

If a facility is alleged to be in violation of Section
11834.30, the department shall conduct a site visit to investigate
the allegation. If the department’s employee or agent finds evidence
that the facility is providing alcoholism or drug abuse recovery,
treatment, begin delete or detoxification end delete begin insert detoxification, or recovery maintenance end insert
services without a license, the employee or agent shall take the
following actions:

(a) Submit the findings of the investigation to the department.

(b) Upon departmental authorization, issue a written notice to
the facility stating that the facility is operating in violation of
Section 11834.30. The notice shall include all of the following:

(1) The date by which the facility shall cease providing services.

(2) Notice that the department will assess against the facility a
civil penalty of two hundred dollars ($200) per day for every day
the facility continues to provide services beyond the date specified
in the notice.

(3) Notice that the case will be referred for civil proceedings
pursuant to Section 11834.32 in the event the facility continues to
provide services beyond the date specified in the notice.

(c) Inform the facility of the licensing requirements of this
chapter.

SEC. 20.  

Section 11834.32 of the Health and Safety Code is
amended to read:

11834.32.  

(a) The director may bring an action to enjoin the
violation of Section 11834.30 in the superior court in and for the
county in which the violation occurred. Any proceeding under this
section shall conform to the requirements of Chapter 3
(commencing with Section 525) of Title 7 of Part 2 of the Code
of Civil Procedure, except that the director shall not be required
to allege facts necessary to show or tending to show lack of
adequate remedy at law or irreparable damage or loss.

(b) With respect to any and all actions brought pursuant to this
section alleging actual violation of Section 11834.30, the court
shall, if it finds the allegations to be true, issue its order enjoining
the alcoholism or drug abuse recovery or treatment facility begin insert or the
adult recovery maintenance facility end insert from continuance of the
violation.

SEC. 21.  

Section 11834.36 of the Health and Safety Code is
amended to read:

11834.36.  

(a) The director may suspend or revoke any license
issued under this chapter, or deny an application for licensure,
extension of the licensing period, or modification to a license, upon
any of the following grounds and in the manner provided in this
chapter:

(1) Violation by the licensee of any provision of this chapter or
regulations adopted pursuant to this chapter.

(2) Repeated violation by the licensee of any of the provisions
of this chapter or regulations adopted pursuant to this chapter.

(3) Aiding, abetting, or permitting the violation of, or any
repeated violation of, any of the provisions described in paragraph
(1) or (2).

(4) Conduct in the operation of an alcoholism or drug abuse
recovery or treatment facility begin insert or an adult recovery maintenance
facility end insert that is inimical to the health, morals, welfare, or safety of
either an individual in, or receiving services from, the facility or
to the people of the State of California.

(5) Misrepresentation of any material fact in obtaining the
alcoholism or drug abuse recovery or treatment facility begin delete license, end delete
begin insert license or the adult recovery maintenance facility license, end insert
including, but not limited to, providing false information or
documentation to the department.

(6) The licensee’s refusal to allow the department entry into the
facility to determine compliance with the requirements of this
chapter or regulations adopted pursuant to this chapter.

(7) Violation by the licensee of Section 11834.026 or the
regulations adopted pursuant to that section.

(8) Failure to pay any civil penalties assessed by the department.

(b) The director may temporarily suspend any license prior to
any hearing when, in the opinion of the director, the action is
necessary to protect residents of the alcoholism or drug abuse
recovery or treatment facility begin insert or the adult recovery maintenance
facility end insert from physical or mental abuse, abandonment, or any other
substantial threat to health or safety. The director shall notify the
licensee of the temporary suspension and the effective date of the
temporary suspension and at the same time shall serve the provider
with an accusation. Upon receipt of a notice of defense to the
accusation by the licensee, the director shall, within 15 days, set
the matter for hearing, and the hearing shall be held as soon as
possible. The temporary suspension shall remain in effect until the
time the hearing is completed and the director has made a final
determination on the merits. However, the temporary suspension
shall be deemed vacated if the director fails to make a final
determination on the merits within 30 days after the department
receives the proposed decision from the Office of Administrative
Hearings.

SEC. 22.  

Section 11834.50 of the Health and Safety Code is
amended to read:

11834.50.  

The department shall adopt regulations to implement
this chapter in accordance with the purposes required by Section
11835. These regulations shall be adopted only after consultation
with appropriate groups affected by the proposed regulations. The
regulations shall include, but not be limited to, all of the following:

(a) Provision for a formal appeal process for the denial,
suspension, or revocation of a license.

(b)  Establishment of requirements for compliance, procedures
for issuance of deficiency begin delete notices end delete begin insert notices, end insert and civil penalties for
noncompliance.

(c) Provision for the issuance of a waiver for an alcoholism or
drug abuse recovery or treatment facility to serve not more than
three adolescents, or 10 percent of the total licensed capacity,
whichever is less, age 14 years and older, when a need exists and
services specific to adolescents are otherwise unavailable. The
regulations shall specify the procedures and criteria for granting
the waiver. The procedures shall include, but not be limited to,
criminal record reviews and fingerprinting.

(d) Establishment of the elements and minimum requirements
for recovery, treatment, begin delete and detoxification end delete begin insert detoxification, and
recovery maintenance end insert services.

(e) Provision for an expedited process for reviewing an
application for licensure when a license is terminated pursuant to
subdivision (c) of Section 11834.40.