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

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Date Published: 02/22/2019 09:00 PM
SB589:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 589


Introduced by Senator Bates
(Coauthor: Assembly Member Patterson)

February 22, 2019


An act to add Section 11831.9 to the Health and Safety Code, relating to substance abuse programs.


LEGISLATIVE COUNSEL'S DIGEST


SB 589, as introduced, Bates. Alcohol and other drug abuse recovery services: advertising and marketing.
Existing law makes the State Department of Health Care Services the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities and prohibits a person, firm, corporation, or other specified entity from operating that type of facility without a valid license. Existing law also prohibits specified persons, programs, or entities from giving or receiving remuneration or anything of value for the referral of a person who is seeking alcoholism or drug abuse recovery and treatment services. Existing law authorizes the department to investigate allegations of violations of that prohibition and to impose sanctions for a violation, including assessing a penalty upon, or suspending or revoking the license or certification of, a facility.
This bill would prohibit an operator of a licensed alcoholism or drug abuse recovery or treatment facility, a certified alcohol or other drug program, a recovery residence, or a 3rd party that provides any form of advertising or marketing services to any of those entities, from engaging in various acts, including making a false or misleading statement about the entity’s products, goods, services, or geographical locations. The bill would authorize the department to investigate allegations of a violation of these provisions and, upon finding a violation, to impose the sanctions available pursuant to existing law, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


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 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.
(2) Include on its internet website false information or an electronic link that provides false information or surreptitiously directs the reader to another internet website.
(3) Engage in conduct prohibited by Section 11831.6.
(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.