BILL NUMBER: AB 2491 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Nestande
FEBRUARY 21, 2014
An act to amend Section 11834.02 of add
Section 11834.255 to 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
facilities. facilities: sober living homes.
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.
This bill would make technical, nonsubstantive changes to these
provisions.
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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11834.255 is added to the
Health and Safety Code , to read:
11834.255. (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.
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.