Today's Law As Amended

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AB-2403 Alcoholism or drug abuse recovery or treatment facilities.(2015-2016)



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”  facility or facilities,” “facility,” or “facilities”  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 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 have acquired emancipation status pursuant to Section 7002 of the Family Code.
(d) As used in this chapter, “integral facilities” means any combination of two or more facilities located on the same or different parcels that collectively serve seven or more persons, not including the licensee or members of the licensee’s family or persons employed as facility staff, and that are under the control or management of the same owner, operator, management company, or licensee, or any affiliate of any of them, or which together comprise one operation or enterprise. Integral facilities shall include, but not be limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service at another facility or facilities, or by assigning staff or a consultant to provide services to or in more than one facility.
(d) (e)  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. 2.

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

11834.09.
 (a) The department may issue a single license to operate an alcoholism or drug abuse recovery or treatment facility upon  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 applicant  prospective licensee  can comply with this chapter and regulations adopted pursuant to this chapter. chapter, the department shall issue a single license to the following types of alcoholism or drug abuse recovery or treatment facilities: 
(1) A residential facility, other than integral facilities.
(2) Integral facilities, as defined in subdivision (d) of Section 11834.02.
(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 applicant. prospective licensee. 
(c) Failure of the applicant  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.
(d) Initial licenses for new facilities shall be provisional for one year. During the term of the provisional license, the department may revoke the license for good cause. For the purposes of this section, “good cause” means failure to operate in compliance with this chapter or the regulations adopted pursuant to this chapter. A licensee may not reapply for an initial license for five years following a revocation of a provisional license.
(e) On or before July 1, 2022, the department shall adopt regulations to implement this section in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(f) Notwithstanding the rulemaking provisions of the Administrative Procedure Act, the department may implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions, until regulations are adopted.

SEC. 3.

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

11834.20.
 (a)  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 as are commensurate with local need.
(b) (1) For any licensing application submitted on or after January 1, 2017, the department may deny an application for a new facility license, if the proposed location is in proximity to an existing facility that would result in overconcentration.
(2) As used in this section, “overconcentration” means that if a new license is issued, two or more alcoholism or drug abuse recovery or treatment facilities will be separated by a distance of 300 feet or less, as measured from the nearest property line on which an existing facility is located to the nearest property line of the proposed facility. The siting of facilities that combine to form integral facilities within 300 feet of one another shall not result in overconcentration.
(3) Based on special local needs and conditions, the department may approve a separation distance of less than 300 feet if the proximity of facilities to one another would not conflict with regulations of the city or county in which the proposed facility will be located.
(c) Any city or county may request denial of the license applied for on the basis of an overconcentration of facilities.
(d) At least 45 days prior to approving any application for a new facility, the department or county licensing agency shall notify in writing the planning agency of the city, if the facility is to be located in the city, or the planning agency of the county, if the facility is to be located in an unincorporated area, of the proposed location of the facility.
(e)  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.
(f)  For the purposes of this article, “six or fewer persons” does not include the licensee or members of the licensee’s family or persons employed as facility staff.
SEC. 4.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.