Amended in Senate July 1, 2014

Amended in Assembly April 22, 2014

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 add Section 11834.255 to the Health and Safety Code, relating to alcohol and drug abuse treatment. end delete begin insert amend Sections 11834.01, 11834.02, 11834.09, 11834.10, 11834.17, 11834.18, 11834.20, 11834.21, 11834.22, 11834.23, 11834.24, 11834.25, 11834.26, 11834.30, 11834.31, 11834.32, 11834.36, and 11834.50 of, and to add Section 11834.11 to, the Health and Safety Code, relating to substance abuse. end insert

LEGISLATIVE COUNSEL’S DIGEST

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

begin insert

Existing law provides for the licensure, certification, and regulation of alcoholism or drug abuse recovery or treatment facilities serving adults, administered by the State Department of Health Care Services. Existing law requires the department to grant certification to any alcoholism or drug abuse recovery or treatment program requesting the certification.

end insert begin insert

This bill would require the department to also administer the licensure and regulation of adult recovery maintenance facilities, as defined, and would require the department to adopt emergency regulations, applicable only to adult recovery maintenance facilities, to implement the fee process for initial licensure, and the provisions for the extension of licensure, followup compliance visits, and civil penalties. The bill would make conforming changes to related provisions.

end insert begin delete

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.

end delete begin delete

This bill would provide that a sober living home, as defined, is exempt from licensure under these provisions. The bill also would provide that residence housing individuals 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.

end delete

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

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

11834.01.  

begin insert (a) end insert begin insert   end insert The department has the sole authority in state
government to license adult alcoholism or drug abuse recovery or
treatment begin insert facilities and adult recovery maintenance end insert facilities.

begin delete

(a)

end delete

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

begin delete

(b)

end delete

begin insert (c) end insert  Onsite begin delete program end delete begin insert facility end insert visits for compliance shall be
conducted at least once during the license period.

begin delete

(c)

end delete

begin insert (d) end insert  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

(e) On or before July 1, 2016, 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, shall develop and adopt emergency
regulations governing the licensing and operation of adult recovery
maintenance facilities, including regulations governing services
related to special needs as these needs are identified by the
department.

end insert begin insert

(f) On or before July 1, 2016, the department shall also adopt
emergency regulations, applicable only to adult recovery
maintenance facilities, to implement the fee process for initial
licensure, and the provisions for the extension of licensure,
followup compliance visits, and civil penalties.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

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

11834.02.  

(a)  As used in this chapter, begin delete “alcoholism end delete begin insert the
following terms have the following meanings: end insert

begin insert (1) end insert begin insert   end insert begin insert “Alcoholism end insert or drug abuse recovery or treatment facility”
begin delete or “facility” end delete 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

(2) “Adult recovery maintenance facility” means any premises,
place, or building that provides alcohol- or drug-free housing to
adults whose rules, peer-led groups, staff activities, or other
structured operations are directed primarily toward maintenance
of sobriety for adults in early recovery from substance abuse or
adults who recently have completed alcoholism or drug abuse
recovery or treatment services. The facility shall be designed to
promote independent living in a supervised setting and shall not
provide professional recovery or treatment services as defined in
paragraph (1). The facility may require that adults receive offsite
alcoholism or other drug treatment services. The facility is
otherwise authorized to receive public funds for individual
residents. An adult recovery maintenance facility does not include
an unstructured living arrangement that requires residents to
abstain from using alcohol or drugs.

end insert begin delete

(b) As used in this chapter, “adults”

end delete

begin insert (3) end insert begin insert   end insert begin insert “Adults” end insert may include, but is not limited to, all of the
following:

begin delete

(1) Mothers over

end delete

begin insert (A) end insert begin insert   end insert begin insert Persons end insert 18 years of age begin insert or older end insert and their begin insert minor end insert children.

begin delete

(2)

end delete

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

begin delete

(c) As used in this chapter, “ emancipated

end delete

begin insert (4) end insert begin insert   end insert begin insert “Emancipated end insert 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 (b) end insert  Notwithstanding begin insert paragraph (1) of end insert 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.

begin insert

begin insert SEC. 3. end insert   

end insert

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

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 any of the following: 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

(2) A single license to an adult recovery maintenance facility.

end insert begin insert

(b) The department shall commence the licensure of adult
recovery maintenance facilities only after developing and adopting
regulations, pursuant to Section 11835, for purposes of Section
11834.01. However, the licensing activity shall not commence
later than January 1, 2017.

end insert begin delete

(b)

end delete

begin insert (c) end insert  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.

begin delete

(c)

end delete

begin insert (d) end insert  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.

begin insert

begin insert SEC. 4. end insert   

end insert

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

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.

begin insert

begin insert SEC. 5. end insert   

end insert

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

begin insert

begin insert 11834.11. end insert   

A state or local social services, law enforcement,
or corrections agency, court, probation officer, or parole officer
shall not refer any person to an alcoholism or drug abuse recovery
or treatment facility or an adult recovery maintenance facility that
is not licensed.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

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

11834.17.  

begin delete No end delete begin insert A end insert city, county, city and county, or district shall
begin insert not end insert adopt or enforce any building ordinance or local rule or
begin delete regulations end delete begin insert regulation end insert relating to the subject of fire and life safety
in alcoholism and drug abuse recovery begin delete facilities which end delete begin insert or treatment
facilities or adult recovery maintenance facilities that end insert is more
restrictive than those standards adopted by the State Fire Marshal.

begin insert

begin insert SEC. 7. end insert   

end insert

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

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 facilities begin insert or adult recovery
maintenance facilities end insert .

(b)  Licensed alcoholism begin delete and end delete begin insert or end insert 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.

begin insert

begin insert SEC. 8. end insert   

end insert

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

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 licensee begin delete or end delete begin insert , end insert members of the licensee’s family begin delete or end delete begin insert , end insert
persons employed as facility staff begin insert , or minor dependents of the
resident end insert .

begin insert

begin insert SEC. 9. end insert   

end insert

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

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 facility begin insert 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 delete

This

end delete

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

begin insert

begin insert SEC. 10. end insert   

end insert

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

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.

begin insert

begin insert SEC. 11. end insert   

end insert

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

11834.23.  

Whether or not unrelated persons are living together,
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 be considered a residential use of property for the
purposes of this article. In addition, the residents and operators of
begin delete such a end delete begin insert the end insert facility shall be considered a family for the purposes of
any law or zoning ordinance begin delete which end delete begin insert that end insert relates to the residential
use of property pursuant to this article.

For the purpose of all local ordinances, 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
included within the definition of a boarding house, rooming house,
institution or home for the care of minors, the aged, or the mentally
infirm, foster care home, guest home, rest home, sanitarium, mental
hygiene home, or other similar term begin delete which end delete begin insert that end insert implies that the
alcoholism or drug abuse recovery or treatment begin delete home end delete begin insert facility 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.

This section shall not be construed to forbid any 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 delete which end delete begin insert or
an adult recovery maintenance facility that end insert serves six or fewer
persons as long as the restrictions are identical to those applied to
other single-family residences.

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 begin delete which end delete
begin insert that end insert 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 delete which end delete
begin insert or adult recovery maintenance facilities that end insert 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.

No conditional use permit, zoning variance, or other zoning
clearance shall be required of 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 that is not required of a
single-family residence in the same zone.

Use of a single-family dwelling for purposes of an alcoholism
or drug abuse recovery begin insert or treatment end insert 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.

begin insert

begin insert SEC. 12. end insert   

end insert

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

11834.24.  

begin delete No end delete begin insert A end insert fire inspection clearance or other permit,
license, clearance, or similar authorization shall begin insert not end insert 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.

begin insert

begin insert SEC. 13. end insert   

end insert

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

11834.25.  

begin insert (a) end insert begin insert   end insert For 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 the date that licensure
commences for adult recovery maintenance facilities, 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

begin insert

begin insert SEC. 14. end insert   

end insert

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

11834.26.  

(a)  begin delete The licensee end delete begin insert An alcoholism or drug abuse
recovery or treatment facility 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, treatment or
detoxification services.

(7) Discharge and continuing care planning.

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

(c) In the development of regulations implementing begin delete this section end delete
begin insert subdivisions (a) and (b) end insert , the written record requirements shall be
modified or adapted for social model programs.

begin insert

(d) An adult recovery maintenance facility shall provide at least
one of the following recovery maintenance services:

end insert begin insert

(1) Aftercare.

end insert begin insert

(2) Referral to community resources.

end insert begin insert

(3) Referral to offsite certified alcoholism or other drug recovery
or treatment services when required.

end insert begin insert

(4) Participation in self-help groups on or off the premises.

end insert begin insert

(e) An adult recovery maintenance facility may require or
provide drug and alcohol testing and self-help groups on or off
the premises.

end insert begin insert

(f) An adult recovery maintenance facility shall maintain records
in order to document the services provided.

end insert begin insert

(g) An adult recovery maintenance facility shall maintain
documentation of services provided to and progress made by clients
who are referred to the adult recovery maintenance facility by a
public agency.

end insert

begin insert

begin insert SEC. 15. end insert   

end insert

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

11834.30.  

begin delete No end delete begin insert (a) end insert begin insert   end insert begin insert A end insert person, firm, partnership, association,
corporation, or local governmental entity shall begin insert not end insert operate,
establish, manage, conduct, or maintain an alcoholism or drug
abuse recovery or treatment facility to provide recovery, treatment,
or detoxification services within this state without first obtaining
a current valid license issued pursuant to this chapter.

begin insert

(b) A person, firm, partnership, association, corporation, or
local governmental entity shall not operate, establish, manage,
conduct, or maintain an adult recovery maintenance facility to
provide recovery maintenance services within this state without
first obtaining a current valid license issued pursuant to this
chapter.

end insert begin insert

(c) Any provider of both an alcoholism or drug abuse recovery
or treatment facility and an adult recovery maintenance facility
shall hold a separate license for each facility.

end insert

begin insert

begin insert SEC. 16. end insert   

end insert

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

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 end delete detoxification begin insert , 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.

begin insert

begin insert SEC. 17. end insert   

end insert

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

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.

begin insert

begin insert SEC. 18. end insert   

end insert

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

11834.36.  

(a)  The director may suspend or revoke any license
issued under this chapter, or deny an application for licensure, for
extension of the licensing period, or to modify the terms and
conditions of 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 license begin insert or
the adult recovery maintenance facility license end insert .

(6)  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 begin delete by end delete begin insert from end insert 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.

begin insert

begin insert SEC. 19. end insert   

end insert

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

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 notices 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 end delete detoxification begin insert , 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.

begin delete

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 as prescribed by a
medical professional. 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 individuals 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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