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AB-285 Drug and alcohol free residences.(2017-2018)

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Date Published: 03/23/2017 09:00 PM
AB285:v98#DOCUMENT

Amended  IN  Assembly  March 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 285


Introduced by Assembly Member Melendez
(Coauthor: Assembly Member Gray)

February 02, 2017


An act to add Section 11834.19 to the Health and Safety Code, relating to residential facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 285, as amended, Melendez. Drug and alcohol free residences.
Existing law provides for the licensure and regulation of community care facilities by the State Department of Social Services. Existing law also provides for the licensure and regulation by the State Department of Health Care Services of adult alcoholism and drug abuse recovery and treatment facilities for adults.
This bill would, among other things, define a “drug and alcohol free residence” as a residential property that is operated as a cooperative living arrangement to provide an alcohol and drug free environment for persons recovering from alcoholism or drug abuse, or both, who seek a living environment that supports personal recovery. The bill would authorize a drug and alcohol free residence to demonstrate its commitment to providing a supportive recovery environment by applying and becoming certified by an approved certifying organization that is approved by the State Department of Health Care Services. The bill would provide that a residence housing persons who are committed to recovering from drug or alcohol addiction is presumed to be a drug and alcohol free residence if the residence has been certified by an approved certifying organization. The bill would require an approved certifying organization to, among other things, maintain an affiliation with a national organization recognized by the department, establish procedures to administer the application, certification, renewal, and disciplinary processes for a drug and alcohol free residence, and investigate and enforce violations by a residence of the organization’s code of conduct, as provided. The bill would specify the information and documentation that an operator who seeks to have a residence certified is required to submit to an approved certifying organization.
This bill would require an approved certifying organization to maintain and post on its Internet Web site a registry containing specified information of a residence that has been certified pursuant to these provisions, and would require the department to maintain and post on its Internet Web site a registry that contains specified information regarding each residence and operator that has had its certification revoked. The bill would deem the activities of a certified drug and alcohol free residence a residential use of property under specified circumstances.
This bill would require, on and after January 1, 2020, a state agency, state-contracted vendor, county agency, or county-contracted vendor that directs substance abuse treatment, or a judge or parole board that sets terms and conditions for the release, parole, or discharge of a person from custody, if it requires that person to reside in a sober living environment, to only first refer that person to a residence listed as a certified drug and alcohol free residence on a registry posted by an approved certifying organization. organization, if there is availability in such a residence.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) (1) Substance use disorder is ranked in the top five clinically preventable burdens on health care spending.
(2) The level of health care services used by addicts before receiving treatment is more than double that of nonaddicts. It has been shown that after 12 months of treatment of substance use disorders, the levels of health care services used return to almost average.
(3) There are an estimated 3.5 million persons with diagnosable substance use disorders in California and a limited number of available drug and alcohol free residences to effectively treat addiction in California.
(4) Substance use disorder can be treated in a cost-effective manner in its earliest stages in a private practice environment.
(5) The federal Patient Protection and Affordable Care Act (Public Law 111-148) mandates substance disorder treatment as an essential benefit.
(6) The need for competent substance disorder treatment will continue to rise throughout the next decade.
(b) Therefore, it is the intent of the Legislature, in enacting this act, to establish specialty certifications for proper substance abuse treatment so that all of the following may occur:
(1) Access to substance use treatment services can be expanded.
(2) Those seeking treatment for substance use disorders in California will find a coordinated system of care in which “no wrong door” is found in response to accessing this care.
(3) Professional services can be recognized for their valuable contributions to the continuum of care in addiction treatment and recovery.

SEC. 2.

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

11834.19.
 (a) (1) For purposes of this section, “drug and alcohol free residence” means a residential property that is operated as a cooperative living arrangement to provide an alcohol and drug free environment for persons recovering from alcoholism or drug abuse, or both, who seek a living environment that supports personal recovery.
(2) A drug and alcohol free residence may demonstrate its commitment to providing a supportive recovery environment by applying and becoming certified by an approved certifying organization pursuant to subdivision (c).
(3) To use the designation “certified drug and alcohol free residence” the cooperative living arrangement shall satisfy all of the following requirements:
(A) Owners, managers, operators, and residents observe and promote a zero tolerance policy regarding the consumption or possession of alcohol or controlled substances or marijuana being used in any manner not consistent with a documented prescription.
(B) Residents actively participate in community or individual programs of recovery from substance use disorder, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous programs.
(C) Within the drug and alcohol free residence, a resident who has been referred to, and has access to, ongoing outpatient treatment, aftercare, or other recovery maintenance services commits to continue to use these services in accordance with a clinically managed system of care, if one exists for the resident.
(4) A residence that houses persons who are committed to recovering from drug and alcohol addiction shall be presumed to be a drug and alcohol free residence if the residence has been certified by an approved certifying organization.
(5) If a residence is certified pursuant to this section within 90 days of beginning its operations, the activities at that residence shall be deemed a residential use of property and a use of property by a single family, pursuant to Article 2 (commencing with Section 11834.20).
(b) For purposes of this section, the following definitions apply:
(1) “Approved certifying organization” means an organization approved by the department to certify a residence as a drug and alcohol free residence pursuant to this section.
(2) “Approved national organization” means a national organization, recognized by the department, the primary function of which is to improve access to, and the quality of, drug and alcohol recovery residences through standards, education, research, and advocacy.
(3) “Recovery specialist training” means training in recognizing addiction, dependence, abuse of alcohol or other drugs, and other symptoms that relate to substance use, and supporting recovery to address that addiction, dependence, or use.
(c) An approved certifying organization shall do all of the following:
(1) Maintain an office in the state.
(2) Maintain nonprofit status in the state.
(3) Be an affiliate of, and continuously maintain affiliation with, the approved national organization recognized by the department.
(4) Maintain the most current standards published by the approved national organization.
(5) Document that the organization actively develops and confers professional, residential, or organizational quality designations according to applicable nationally recognized standards.
(6) Demonstrate that it has established drug and alcohol free residence certification requirements.
(7) Demonstrate that it has procedures to administer the application, certification, renewal, and disciplinary processes for a drug and alcohol free residence.
(8) (A) Inspect, at least annually, a drug and alcohol free residence to ensure compliance with certification requirements.
(B) Conduct, at the discretion of the approved certifying organization, periodic reviews of a residence to determine whether the residence is in compliance with all applicable laws.
(C) Revoke the certification of a residence if the residence is not operating in compliance with certification requirements or applicable laws, and notify the department of the revocation.
(9) Submit to the department and the operator of a residence that the organization certifies a written code of conduct for a drug and alcohol free residence that incorporates national standards for legal and ethical conduct for recovery residences.
(10) Submit to the department and the operator of a drug and alcohol free residence disciplinary guidelines that include sanctions for first and subsequent violations of the organization’s code of conduct that allows the drug and alcohol free residence notice and opportunity to correct a violation and requires the approved certifying organization to revoke the certification of the residence if the required corrective action is not completed within the specified time period. period and to notify the department of the revocation.
(11) Respond to and investigate suspected violations of the organization’s code of conduct.
(12) Require an operator who seeks to have a residence certified to submit all of the following documents with the operator’s completed application and fee:
(A) Procedures and requirements for verifying that a resident is not using alcohol or drugs in a manner not consistent with a prescription or product labeling.
(B) A prohibition on the premises against alcohol, illegal drugs, or the use of prescribed medications by an individual except as prescribed by a physician and used in accordance with the prescription.
(C) Policies to support a resident’s recovery efforts.
(D) A good neighbor policy to address neighborhood concerns and complaints.
(E) A policy for informing local government officials and neighbors about the approved certification organization’s complaint procedures, the contact number of the operator of the residence, and a contact number of a minimum of one resident assigned with the responsibility of mitigating a complaint.
(F) Rules for residents, copies of forms provided to residents, relapse policy, fee and refund policies, and eviction procedures and policies.
(G) Proof that the owner or operator of the residence has completed a minimum of 10 hours of alcohol and drug free program management education accepted by the approved certifying organization.
(H) Proof that at least one resident or an onsite staff member has completed or will complete a minimum of 10 hours of recovery specialist training accepted by the approved certifying organization. At least one resident or onsite staff member shall complete a minimum of 10 hours of this training each year.
(I) Proof that a minimum of one resident has received certification approved by the approved certifying organization. Certification shall include, at a minimum, all of the following subjects: ethics, health and safety topics related to addiction recovery and maintenance, and emergency planning procedures.
(13) Maintain and post on its Internet Web site a registry containing the street address and the name and contact telephone number of the operator of each residence that has been certified as a drug and alcohol free residence pursuant to this section.
(14) (A) Review the registry posted on the department’s Internet Web site pursuant to subdivision (i) to determine whether the residence that the operator has applied to have certified has had a previous certification revoked or the operator submitting the application for certification has operated a residence for which a previous certification has been revoked.
(B) Deny an application for certification if the residence address or operator name in the application is listed on the registry and satisfies the conditions described in subparagraph (A), and send the applicant a written notice of denial of certification.
(d) The department shall adopt application procedures and standards of approval for an organization that seeks to be approved by the department as an approved certifying organization.
(e) The department shall adopt application procedures and standards of approval for an organization that seeks to be approved by the department as an approved national organization.
(f) (1) The department may conduct periodic reviews and inspect the records of an approved certifying organization organization, as necessary, to determine whether the organization is in compliance with all applicable laws.
(2) The department may revoke approval of an approved certifying organization if the organization does any of the following:
(A) Ceases to be affiliated with the approved national organization.
(B) Fails to perform any of the duties imposed by subdivision (c).
(C) Refuses to comply with sanctions imposed by the department.
(D) Discontinues certifying drug and alcohol free residences.
(g) (1) The department may investigate complaints it receives regarding a drug and alcohol free residence independently or in conjunction with the approved certifying organization.
(2) The department may impose sanctions and commence disciplinary actions, including revoking the certification of a residence as a drug and alcohol free residence.
(h) A city, county, city and county, or local law enforcement agency that suspects that a drug and alcohol residence is not operating in compliance with the residence’s code of conduct may request the department to revoke the certification of that residence.
(i) The department shall maintain and post on its Internet Web site a registry containing both of the following information:
(1) The street address of each residence that has had its certification revoked.
(2) The name of each operator of a residence that has had its certification revoked.
(j) Notwithstanding any other law, on and after January 1, 2020, a state agency, state-contracted vendor, county agency, or county-contracted vendor that directs substance abuse treatment, or a judge or parole board that sets terms and conditions for the release, parole, or discharge of a person from custody, if it requires a person to reside in a sober living environment, shall only first refer that person to a residence listed as a certified drug and alcohol free residence on a registry posted by an approved certifying organization organization, if there is availability in such a residence, to guarantee proper rehabilitation in accordance with the terms and conditions of the court’s orders or terms of release as applicable, pursuant to subdivision (a) of Section 1170 of the Penal Code.
(k) Notwithstanding any other law, on and after January 1, 2020, a licensed or certified alcohol and drug treatment program shall only may refer its participants to a residence listed as a certified drug and alcohol free residence on a registry posted by an approved certifying organization.