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SB-992 Substance abuse: adult recovery maintenance facilities.(2007-2008)

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SB992:v94#DOCUMENT

Enrolled  August 26, 2008
Passed  IN  Senate  August 21, 2008
Passed  IN  Assembly  August 15, 2008
Amended  IN  Assembly  August 13, 2008
Amended  IN  Assembly  September 05, 2007
Amended  IN  Senate  May 02, 2007
Amended  IN  Senate  April 11, 2007

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Senate Bill
No. 992


Introduced  by  Senator Wiggins
(Coauthor(s): Assembly Member Karnette, Strickland)

February 23, 2007


An act to 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, to add Section 11834.11 to, and to repeal and add Section 11834.16 of, the Health and Safety Code, relating to substance abuse.


LEGISLATIVE COUNSEL'S DIGEST


SB 992, Wiggins. Substance abuse: adult recovery maintenance facilities.
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 Alcohol and Drug Programs. Existing law requires the department to grant certification to any alcoholism or drug abuse recovery or treatment program requesting the certification.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

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

11834.01.
 (a) The department has the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities and adult recovery maintenance facilities.
(b) In administering this chapter, the department shall issue new licenses for a period of two years to those programs that meet the criteria for licensure set forth in Section 11834.03.
(c) Onsite program visits for compliance shall be conducted at least once during each licensure period. However, the department may waive an onsite program visit for compliance no more than once every other licensure period if the provider has demonstrated satisfactory compliance as determined by regulation.
(d) 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.
(e) Except where otherwise directly stated or necessarily implied, all provisions of this chapter shall apply to adult alcoholism or drug abuse recovery or treatment facilities and to adult recovery maintenance facilities.
(f) On or before July 1, 2010, 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.
(g) On or before July 1, 2010, 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.

SEC. 2.

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

11834.02.
 (a) As used in this chapter, the following terms have the following meanings:
(1) “Alcoholism or drug abuse recovery or treatment facility” 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 receive alcohol, drug, or alcohol and drug recovery treatment or detoxification services.
(2) “Adult recovery maintenance facility” means any facility, place, or building that provides alcohol- or drug-free housing 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. This facility is designed to promote independent living in a supervised setting, but does not provide professional recovery and treatment services onsite. 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.
(3) “Adults” may include, but are not limited to, the following:
(A) Persons 18 years of age or older and their minor children.
(B) Emancipated minors, which may include, but is not limited to, persons under 18 years of age and their minor children.
(4) “Emancipated minors” means persons under 18 years of age who have acquired emancipation status pursuant to Section 7002 of the Family Code.
(b) Notwithstanding paragraph (1) of 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. 3.

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

11834.09.
 (a) Upon receipt of a completed written application for initial licensure or extension of licensure, fire clearance, and applicable fee from the applicant, and subject to the department’s review and determination that the applicant can comply with this chapter and regulations adopted pursuant to this chapter, the department may issue any of the following:
(1) A single license to the following types of alcoholism or drug abuse recovery or treatment facilities:
(A) A residential facility.
(B) 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 provider.
(2) A single license to an adult recovery maintenance facility.
(b) The department shall commence the licensure of adult recovery maintenance facilities only after developing and adopting regulations for purposes of Section 11834.01. However, the licensing activity shall not commence later than January 1, 2011.
(c) Failure to submit a completed written application for initial licensure or extension of licensure, fire clearance, and payment of the required licensing or certification fee in a timely manner shall result in termination of the department’s licensure or certification review and shall require submission of a new application by the applicant.
(d) Failure of the applicant to demonstrate the ability to comply with this chapter or the regulations adopted pursuant to this chapter shall result in departmental denial of the applicant’s application for licensure.

SEC. 4.

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

11834.10.
 A licensee shall not operate an alcoholism or drug abuse recovery or treatment facility or an adult recovery maintenance facility beyond the conditions and limitations specified on the license.

SEC. 5.

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

11834.11.
 On and after January 1, 2011, no state or local social services, law enforcement, corrections agency, court, probation officer, or parole officer shall refer any person to an alcoholism or drug abuse recovery or treatment facility or an adult recovery maintenance facility that is not licensed.

SEC. 6.

 Section 11834.16 of the Health and Safety Code is repealed.

SEC. 7.

 Section 11834.16 is added to the Health and Safety Code, to read:

11834.16.
 In order to obtain an extension of a license, the provider shall submit to the department a complete written application for extension and appropriate licensure fee for each subsequent two-year period 30 days prior to the expiration date shown on the license. Failure to submit the required written application and extension fee prior to the expiration date shown on the license shall result in automatic termination of the license by the operation of law.

SEC. 8.

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

11834.17.
 No city, county, city and county, or district shall adopt or enforce any building ordinance or local rule or regulation relating to the subject of fire and life safety in alcoholism and drug abuse recovery or treatment facilities or adult recovery maintenance facilities that is more restrictive than those standards adopted by the State Fire Marshal.

SEC. 9.

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

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 or adult recovery maintenance facilities.
(b) Licensed alcoholism and drug abuse recovery or treatment facilities and adult recovery maintenance facilities shall not be subject to controls on rent imposed by any state or local agency or other local government or entity.

SEC. 10.

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

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 and adult recovery maintenance facilities 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, members of the licensee’s family, persons employed as facility staff, or minor dependents of the resident.

SEC. 11.

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

11834.21.
 Any person licensed under this chapter who operates or proposes to operate an alcoholism or drug abuse recovery or treatment facility or an adult recovery maintenance facility, the department or other public agency authorized to license such a facility, or any public or private agency that uses or may use the services of the facility to place its clients, may invoke the provisions of this article.
This section shall not be construed to prohibit any interested party from bringing suit to invoke the provisions of this article.

SEC. 12.

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

11834.22.
 An alcoholism or drug abuse recovery or treatment facility or an adult recovery maintenance facility that 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 or adult recovery maintenance facilities that serve six or fewer persons.

SEC. 13.

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

11834.23.
 Whether or not unrelated persons are living together, an alcoholism or drug abuse recovery or treatment facility or an adult recovery maintenance facility that 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 the facility shall be considered a family for the purposes of any law or zoning ordinance that 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 or an adult recovery maintenance facility that 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 that implies that the alcoholism or drug abuse recovery or treatment home or the adult recovery maintenance facility 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 or an adult recovery maintenance facility that 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 or an adult recovery maintenance facility of any local ordinance that 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 or adult recovery maintenance facilities that serve six or fewer persons from other single-family dwellings or distinguish residents of alcoholism or drug abuse recovery or treatment facilities or adult recovery maintenance facilities 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 or an adult recovery maintenance facility that 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 or treatment facility or an adult recovery maintenance facility 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 or adult recovery maintenance facilities serving six or fewer residents.

SEC. 14.

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

11834.24.
 No fire inspection clearance or other permit, license, clearance, or similar authorization shall be denied to an alcoholism or drug abuse recovery or treatment facility or an adult recovery maintenance facility 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.

SEC. 15.

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

11834.25.
 (a) 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 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.
(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.

SEC. 16.

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

11834.26.
 (a) An alcoholism or drug abuse recovery or treatment facility 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 this section, the written record requirements shall be modified or adapted for social model programs.
(d) An adult recovery maintenance facility shall maintain documentation on services provided to, and progress made by, clients who are referred to the adult recovery maintenance facility by a public agency. An adult recovery maintenance facility shall also provide at least one of the following recovery maintenance services:
(1) Aftercare.
(2) Referral to community resources.
(3) Referral to offsite certified alcoholism or other drug recovery or treatment services when required.
(4) Participation in self-help groups on or off premises.
(e) The adult recovery maintenance facility may require or provide drug and alcohol testing and self-help groups on or off the premises.
(f) The adult recovery maintenance facility shall maintain records in order to document the services provided.

SEC. 17.

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

11834.30.
 (a) No person, firm, partnership, association, corporation, or local governmental entity shall operate, establish, manage, conduct, or maintain an alcoholism or drug abuse recovery or treatment facility or an adult recovery maintenance facility to provide recovery, treatment, detoxification, or recovery maintenance services within this state without first obtaining a current valid license issued pursuant to this chapter.
(b) No person, firm, partnership, association, corporation, or local governmental entity shall 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.
(c) Any facility that is operated primarily for the purpose of providing alcoholism or drug abuse recovery or treatment services or requires clients to obtain these services and requires supervision shall be licensed.
(d) Any provider of both an alcoholism and drug abuse recovery or treatment services facility and an adult recovery maintenance facility shall hold a separate license for each facility.

SEC. 18.

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

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, detoxification, or recovery maintenance 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.

SEC. 19.

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

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 or the adult recovery maintenance facility from continuance of the violation.

SEC. 20.

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

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 or an adult recovery maintenance facility 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 or the adult recovery maintenance facility license.
(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 or the adult recovery maintenance facility 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 from 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.

SEC. 21.

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

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, detoxification, and recovery maintenance 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.