Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2491

Introduced by Assembly Member Nestande

February 21, 2014

An act to begin delete amend Section 11834.02 of end delete begin insert add Section 11834.255 to end insert the Health and Safety Code, relating to alcohol and drug abuse treatment.

LEGISLATIVE COUNSEL’S DIGEST

AB 2491, as amended, Nestande. Alcohol and drug abuse treatment begin delete facilities. end delete begin insert facilities: sober living homes. end insert

Under existing law, the State Department of Health Care Services is responsible for licensing and certifying alcoholism and drug abuse recovery and treatment programs and facilities, as defined, including both residential and nonresidential programs.

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This bill would make technical, nonsubstantive changes to these provisions.

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This bill would provide that a sober living home, as defined, is exempt from licensure under these provisions. The bill also would provide that a residence housing those purporting to be recovering from drug and alcohol abuse would be presumed to be a sober living home if it has been certified, registered, or approved by a recognized nonprofit organization that provides a credible quality assurance service for applicants or members, as specified.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

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begin insert Section 11834.255 is added to the end insert begin insert Health and
Safety Code end insert begin insert , to read: end insert

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begin insert 11834.255. end insert   

(a) The purpose of this section is to provide a
definition of a “sober living home” so as to give both those
purporting to operate these facilities and local code and law
enforcement agencies the ability to determine whether residences
housing former drug and alcohol abusers are exempt from local
regulation or exercise of local police powers. A sober living home,
as defined in this section, shall be exempt from licensure under
Chapter 7.5 (commencing with Section 11834.01).

(b) For purposes of this chapter, “sober living home” means a
residential property that is operated as a cooperative living
arrangement to provide an alcohol- and drug-free environment
for persons recovering from alcoholism or drug abuse, or both,
who seek a living environment in which to remain clean and sober,
and that satisfies all of the following requirements:

(1) Residents of the facility, including live-in managers,
operators, or owners, are living a sober lifestyle.

(2) Residents actively participate in legitimate recovery
programs, including, but not limited to, outpatient treatment,
12-step recovery, and other recognized programs of recovery, and
maintain current records of meeting attendance.

(3) Owners, managers, operators, and residents observe and
promote a zero-tolerance policy regarding the consumption or
possession of alcohol or controlled substances, except for
prescription medications obtained and used under direct medical
supervision. The observation and promotion of this policy may
take into account demonstrable efforts made by residents to
respond to, and prevent additional violations of, the policy.

(4) Owners, managers, operators, and residents do not provide
onsite any of the following services, as they are defined in
subdivision (a) of Section 10501 of Title 9 of the California Code
of Regulations:

(A) Detoxification.

(B) Educational counseling.

(C) Individual or group counseling sessions.

(D) Treatment or recovery planning.

(5) The number of residents who are subject to the sex offender
registration requirements of Section 290 of the Penal Code does
not exceed the limit set forth in Section 3003.5 of the Penal Code
and does not violate the distance provisions set forth in Section
3003 of the Penal Code.

(6) Residents do not require nonmedical care or supervision,
as those terms are defined in Section 1503.5 and in Title 22 of the
California Code of Regulations.

(7) Owners, managers, operators, and residents ensure that the
property and its use comply with applicable state and local law.

(c) A residence housing those purporting to be recovering from
drug and alcohol abuse shall be presumed to be a sober living
home if the residence has been certified, registered, or approved
by a recognized nonprofit organization that provides a credible
quality assurance service for applicants or members. The
recognized nonprofit organization should establish minimum
standards for protocols to address suspected drug and alcohol
abuse, protocols to report the death of a resident, and basic first
aid and CPR training.

(d) This section shall not be construed to prohibit minor children
who are dependents of a resident of the facility from also residing
in the facility.

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SECTION 1.  

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 a 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 need
alcohol, drug, or alcohol and drug recovery treatment or
detoxification services.

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

(1)  Mothers over 18 years of age and their children.

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

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

(d)  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.

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