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AB-2335 Sober living homes.(2013-2014)

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Amended  IN  Assembly  March 28, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 2335


Introduced by Assembly Member Mansoor

February 21, 2014


An act to amend Section 1797.1 of the Health and Safety Code, relating to the Emergency Medical Services Authority. An act to add Section 11834.19 to the Health and Safety Code, relating to residential facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 2335, as amended, Mansoor. Emergency Medical Services Authority. Sober living homes.
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. Existing law requires a licensee to provide at least one nonmedical service, including, recovery services, treatment services, and detoxification services.
This bill would define a sober living home or supportive housing as any independent, residential property that provides a transitional living environment for adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, as specified, and that satisfies certain requirements, including, that there be no more than 6 residents and that owners, managers, operators, and residents do not provide certain contractual medical services onsite. The bill would exempt a sober living home or supportive housing from licensure under the existing provisions that govern alcoholism and drug abuse recovery and treatment programs and facilities.

Existing law establishes the Emergency Medical Services Authority. Existing law declares that by establishing the authority, it is the intent of the Legislature to provide a statewide system for emergency medical services and to make the authority responsible for the coordination and integration of all state activities concerning emergency medical services.

This bill would make a technical, nonsubstantive change to those intent provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 11834.19 is added to the Health and Safety Code, to read:

11834.19.
 (a) For purposes of this chapter, “sober living home” or “supportive housing” means any independent, residential property that provides a transitional living environment for adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse that does not require participation in alcohol or drug recovery treatment or detoxification services as a condition of tenancy, and that satisfies all of the following requirements:
(1) There are no more than six residents living on the property.
(2) Each resident holds a lease or rental agreement in his or her name and is responsible for paying his or her own rent.
(3) Each resident has his or her own room or apartment and is individually responsible for coordinating any shared tenancy arrangement.
(4) Owners, managers, operators, and residents do not provide any of the following contractual medical services onsite:
(A) Recovery services.
(B) Treatment services.
(C) Detoxification services.
(D) Routine home visits for medical checkups.
(E) Diagnostic evaluation of medical and psychological problems.
(F) Prescription and delivery of oral medication.
(5) Owners, managers, operators, and residents ensure that the property and its use comply with applicable federal, state, and local laws.
(b) A sober living home or supportive housing is exempt from licensure under this chapter.

SECTION 1.Section 1797.1 of the Health and Safety Code is amended to read:
1797.1.

The Legislature finds and declares that it is the intent of this act to provide the state with a statewide system for emergency medical services by establishing within the Health and Human Services Agency the Emergency Medical Services Authority, which is responsible for the coordination and integration of all state activities concerning emergency medical services.