Today's Law As Amended

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SB-589 Alcohol and other drug abuse recovery services: advertising and marketing.(2019-2020)



SECTION 1.

 Section 11831.9 is added to the Health and Safety Code, to read:

11831.9.
 (a) The Legislature recognizes that consumers with substance use disorders have disabling conditions and that these consumers and their families are vulnerable and at risk of being easily victimized by fraudulent marketing practices that adversely impact the delivery of healthcare. To protect the health, safety, and welfare of this vulnerable population, an operator of a licensed alcoholism or drug abuse recovery or treatment facility, as defined in Section 11834.02, a certified alcohol or other drug program, a recovery residence, as defined in Section 11833.05, or a third party that provides any form of advertising or marketing services or directory listings to one or more of those entities, shall not do any of the following:
(1) Make a false or misleading statement or provide false or misleading information about the entity’s products, goods, services, or geographical locations in its marketing, advertising materials, or media, or on its internet website or on a third-party internet website.
(2) Include on its internet website a picture, description, staff information, or the location of an entity, along with false contact information that surreptitiously directs the reader to a business that does not have a contract with the entity.
(3) Include on its internet website false information or an electronic link that provides false information or surreptitiously directs the reader to another internet website.
(b) The department may investigate an allegation of a violation of this section and, upon finding a violation of this section, or any regulation adopted to enforce this section, may impose one or more of the sanctions described in Section 11831.7 in accordance with regulations adopted pursuant to that section.