Today's Law As Amended


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



As Amends the Law Today


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 alcohol alcoholism  or other  drug abuse  recovery or treatment facilities and adult recovery maintenance  facilities.
(a) (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.
(b) (c)  Onsite program visits for compliance shall be conducted at least once during the license period. 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. 
(c) (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:
(a) (1)  As used in this chapter, “alcohol or other drug  “Alcoholism or drug abuse  recovery or treatment facility” or “facility”  means a 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 addiction, abuse,  and who need 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.
(b) (3)  As used in this chapter, “adults”  “Adults”  may include, but is are  not limited to, all of  the following:
(1) (A)  Mothers over  Persons  18 years of age or older  and their minor  children.
(2) (B)  Emancipated minors, which may include, but is not limited to, mothers persons  under 18 years of age and their minor  children.
(c) (4)  As used in this chapter, “emancipated  “Emancipated  minors” means persons under 18 years of age who have acquired emancipation status pursuant to Section 7002 of the Family Code.
(d) (b)  Notwithstanding paragraph (1) of  subdivision (a), an alcohol alcoholism  or other  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) The department may issue a single license to operate an alcohol or other drug recovery or treatment facility upon  Upon  receipt of a completed written application,  application for initial licensure or extension of licensure,  fire clearance, and licensing fee  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. 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.
(b) (c)  Failure to submit a completed written application,  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.
(c) (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.
(d) Initial licenses for new facilities shall be provisional for one year. During the term of the provisional license, the department may revoke the license for good cause. For the purposes of this section, “good cause” means failure to operate in compliance with this chapter or the regulations adopted pursuant to this chapter. A licensee may not reapply for an initial license for five years following a revocation of a provisional license.
(e) On or before July 1, 2022, the department shall adopt regulations to implement this section in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(f) Notwithstanding the rulemaking provisions of the Administrative Procedure Act, the department may implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions, until regulations are adopted.

SEC. 4.

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

11834.10.
 (a)  A licensee shall not operate an alcohol alcoholism  or other  drug abuse  recovery or treatment facility or an adult recovery maintenance facility  beyond the conditions and limitations specified on the license.
(b) Licensed services offered or provided by a licensed alcohol or other drug recovery or treatment facility, including, but not limited to, incidental medical services as defined in Section 11834.026, shall be specified on the license and provided exclusively:
(1) Within the licensed facility.
(2) Within any facilities identified on a single license by street address.
(c) Only residents of the licensed alcohol or other drug recovery or treatment facility shall receive licensed services.
(d) A licensee that serves more than six residents shall, at all times, maintain all of the following insurance coverages, which shall include as an additional insured any government entity with which the licensee has a contract:
(1) Commercial general liability insurance that includes coverage for premises liability, products and completed operations, contractual liability, personal injury and advertising liability, abuse, molestation, sexual actions, and assault and battery, with minimum coverage amounts for bodily injury or property damage of not less than one million dollars ($1,000,000) per occurrence.
(2) Commercial or business automobile liability insurance covering all owned vehicles, hired or leased vehicles, nonowned vehicles, and borrowed and permissive uses, with minimum coverage amounts for bodily injury or property damage of not less than one million dollars ($1,000,000) per occurrence.
(3) Workers’ compensation insurance, as required by law. Notwithstanding subdivision (b) of Section 3700 of the Labor Code, a certificate of self-insurance obtained pursuant to that subdivision does not satisfy this requirement.
(4) Employer’s liability insurance, with minimum coverage amounts for bodily injury or disease of not less than one hundred thousand dollars ($100,000) per occurrence.
(5) Professional liability and errors and omissions insurance that includes an endorsement for contractual liability, with minimum coverage amounts of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate. If applicable, the contract shall include an endorsement for defense and indemnification of any government entity with which the licensee has contracted.
(e) A licensee that serves six or fewer residents shall, at all times, maintain general liability insurance coverage.
(f) (1) A licensee may meet the insurance requirements of this section by procuring coverage from an admitted insurer, or a nonadmitted insurer that is eligible to insure a home state insured under Chapter 6 (commencing with Section 1760) of Part 2 of Division 1 of the Insurance Code.
(2) Notwithstanding paragraph (1), the workers’ compensation insurance required by this section shall be obtained as required by Section 3700 of the Labor Code.
(g) The department may adopt regulations to implement this section in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(h) Notwithstanding the rulemaking provisions of the Administrative Procedure Act, the department may implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions.

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.

11834.16.
 A license shall be valid for a period of two years from the date of issuance. The department may extend the licensure period for subsequent two-year periods upon submission by the licensee of a completed written application for extension and payment of the required licensing fee prior to the expiration date shown on the license. Failure to submit to the department the required written application for extension of the licensing period, or failure to submit to the department the required licensing fee prior to the expiration date on the license, shall result in the automatic expiration of the license at the end of the two-year licensing period.

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.
 A No  city, county, city and county, or district shall not  adopt or enforce a any  building ordinance or local rule or regulations regulation  relating to the subject of fire and life safety in alcohol or other drug recovery  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) This chapter does not  Nothing in this chapter shall  authorize the imposition of rent regulations or controls for licensed alcohol alcoholism  or other  drug abuse  recovery or treatment facilities or adult recovery maintenance  facilities.
(b) Licensed alcohol or other drug  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.
 (a)  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 alcohol alcoholism  or other  drug abuse  recovery or treatment facilities and adult recovery maintenance facilities  as are commensurate with local need.
(b)  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.
(c)  For the purposes of this article, “six or fewer persons” does not include the licensee or  licensee,  members of the licensee’s family or  family,  persons employed as facility staff. staff, or minor dependents of the resident. 

SEC. 11.

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

11834.21.
 (a)  Any person licensed under this chapter who operates or proposes to operate an alcohol alcoholism  or other  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.
(b)  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 alcohol alcoholism  or other  drug abuse  recovery or treatment facility which  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. This section does not  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 alcohol alcoholism  or other  drug abuse  recovery or treatment facilities which  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.
 (a)  Whether or not unrelated persons are living together, an alcohol alcoholism  or other  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.
(b)  For the purpose of all local ordinances, an alcohol alcoholism  or other  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 persons with mental health disorders,  the mentally infirm,  foster care home, guest home, rest home, community residence,  sanitarium, mental hygiene home,  or other similar term that implies that the alcohol alcoholism  or other  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.
(c)  This section does not forbid a 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 alcohol alcoholism  or other  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.
(d)  This section does not  shall not be construed to  forbid the application to an alcohol alcoholism  or other  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 alcohol alcoholism  or other  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 alcohol alcoholism  or other  drug abuse  recovery or treatment facilities or adult recovery maintenance facilities  from persons who reside in other single-family dwellings.
(e) No  A  conditional use permit, zoning variance, or other zoning clearance shall not  be required of an alcohol alcoholism  or other  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.
(f)  Use of a single-family dwelling for purposes of an alcohol alcoholism  or other  drug abuse  recovery facility  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 does not  is intended to  supersede Section 13143 or 13143.6, to the extent those sections are applicable to alcohol alcoholism  or other  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.
 A No  fire inspection clearance or other permit, license, clearance, or similar authorization shall not  be denied to an alcohol alcoholism  or other  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 alcohol alcoholism  or other  drug abuse  recovery or treatment facility which 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) The licensee  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, treatment  or detoxification services.
(7) Discharge and continuing care planning.
(8) Indicators of recovery, treatment, or detoxification outcomes.
(c) A licensee shall not deny admission to any individual based solely on the individual having a valid prescription from a licensed health care professional for a medication approved by the federal Food and Drug Administration for the purpose of narcotic replacement treatment or medication-assisted treatment of substance use disorders. In the development of regulations implementing this section, the written record requirements shall be modified or adapted for social model programs. 
(d) A licensee shall develop a plan to address when a resident relapses, including when a resident is on the licensed premises after consuming alcohol or using illegal drugs. The plan shall include details of how the treatment stay and treatment plan of the resident will be adjusted to address the relapse episode and how the resident will be treated and supervised while under the influence of alcohol or illegal drugs, as well as discharge and continuing care planning, including when a licensee determines that a resident requires services beyond the scope of the licensee. This subdivision does not require a licensee to discharge a resident. 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 department shall have the authority to implement subdivisions (d) and (f) by bulletin or all-county or all-provider letter, after stakeholder input, until regulations are promulgated. The department shall promulgate regulations to implement subdivisions (d) and (f) no later than July 1, 2024. adult recovery maintenance facility may require or provide drug and alcohol testing and self-help groups on or off the premises.  
(f) (1) The  A licensee shall, at all times, maintain at least two unexpired doses of naloxone hydrochloride, or any other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, on the premises and shall, at all times, have at least one staff member on the premises who knows the specific location of the naloxone hydrochloride, or other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, and who has been trained on the administration of naloxone hydrochloride, or the other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, in accordance with the training requirements set forth by the department. Proof of completion of training on the administration of naloxone hydrochloride, or other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, shall be documented in the staff member’s individual personnel file.  adult recovery maintenance facility shall maintain records in order to document the services provided.  
(2) A trained staff member shall not be liable for damages in a civil action or subject to criminal prosecution for the administration, in good faith, of naloxone hydrochloride, or any other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, to a person appearing to experience an opioid-related overdose. This paragraph shall not apply in a case where the person who renders emergency care treatment by the use of naloxone hydrochloride, or any other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, acts with gross negligence or engages in willful and wanton misconduct.
(g) In the development of regulations implementing this section, the written record requirements shall be modified or adapted for social model programs.

SEC. 17.

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

11834.30.
 A (a)  No  person, firm, partnership, association, corporation, or local governmental entity shall not  operate, establish, manage, conduct, or maintain an alcohol alcoholism  or other  drug abuse  recovery or treatment facility or an adult recovery maintenance facility  to provide recovery, treatment, detoxification,  or detoxification  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 alcohol alcoholism  or other  drug abuse  recovery, treatment, detoxification,  or detoxification  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 thousand hundred  dollars ($2,000) ($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.
(d) A person or entity found to be in violation of Section 11834.30 shall be prohibited from applying for initial licensure for a period of five years from the date of the notice specified in subdivision (b).

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, as well as any other licenses issued under this chapter to operate an adult alcohol or other drug recovery or treatment facility held by the same person or entity, or  or  deny an application for licensure, for  extension of the licensing period, or modification to  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 alcohol alcoholism  or other  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 alcohol alcoholism  or other  drug abuse  recovery or treatment facility license, including, but not limited to, providing false information or documentation to the department. license or the adult recovery maintenance facility license. 
(6) The licensee’s refusal to allow the department entry into the facility to determine compliance with the requirements of this chapter or regulations adopted pursuant to this chapter.
(7) Violation by the licensee of Section 11834.026 or the regulations adopted pursuant to that section.
(8) (6)  Failure to pay any civil penalties assessed by the department.
(b) The director may temporarily suspend any license, as well as any other licenses issued under this chapter to operate an adult alcohol or other drug recovery or treatment facility held by the same person or entity,  license  prior to any hearing when, in the opinion of the director, the action is necessary to protect residents of the alcohol alcoholism  or other  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 by 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.
(c) The department may terminate review of an application for licensure under this chapter from any person or entity that previously had a license issued under this chapter suspended or revoked for a period of five years from the date of the final decision and order.

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, notices  and civil penalties for noncompliance.
(c) Provision for the issuance of a waiver for an alcohol alcoholism  or other  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 of age  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 detoxification  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.