Today's Law As Amended


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SB-486 Recovery residences.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 11831.6 of the Health and Safety Code is amended to read:

11831.6.
 (a) The following persons, programs, or entities shall not give or receive remuneration or anything of value for the referral of a person who is seeking alcoholism or drug abuse recovery or and  treatment services:
(1) An alcoholism or drug abuse recovery or and  treatment facility licensed under this part.
(2) An owner, partner, officer, or director, or shareholder who holds an interest of at least 10 percent in an alcoholism or drug abuse recovery or and  treatment facility licensed under this part.
(3) A person employed by, or working for, an alcoholism or drug abuse recovery or and  treatment facility licensed under this part, including, but not limited to, registered and certified counselors and licensed professionals providing counseling services.
(4) An alcohol or other drug program certified by the department in accordance with the alcohol or other drug certification standards established pursuant to Section 11830.1.
(5) An owner, partner, officer, or director, or shareholder who holds an interest of at least 10 percent in an alcohol or other drug program certified by the department in accordance with the alcohol or other drug certification standards established pursuant to Section 11830.1.
(6) A person employed by, or working for, an alcohol or other drug program certified by the department in accordance with the alcohol or other drug certification standards established pursuant to Section 11830.1, including, but not limited to, registered and certified counselors and licensed professionals providing counseling services.
(7) A recovery residence, as defined in Section 11833.05, that is commercially operated.
(b) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may, if it deems appropriate, implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions from the department, until regulations are adopted.

SEC. 2.

 Section 11831.7 of the Health and Safety Code is amended to read:

11831.7.
 (a) The department may investigate allegations of violations of this chapter. Section 11831.6.  The department may, upon finding a violation of this chapter Section 11831.6  or any regulation adopted pursuant to this chapter, that section,  do any of the following:
(1) Assess a penalty upon an alcoholism or drug abuse recovery or and  treatment facility licensed under this part.
(2) Suspend or revoke the license of an alcoholism or drug abuse recovery or and  treatment facility licensed under Chapter 7.5 (commencing with Section 11834.01), or deny an application for licensure, extension of the licensing period, or modification to a license. Article 4 (commencing with Section 11834.35) of Chapter 7.5 shall apply to any action taken pursuant to this paragraph.
(3) Assess a penalty upon an alcohol or other drug outpatient  program certified by the department in accordance with the alcohol or other drug certification standards established pursuant to Section 11830.1.
(4) Suspend or revoke the certification of an alcohol or other drug outpatient  program certified by the department in accordance with the alcohol or other drug certification standards established pursuant to Section 11830.1.
(5) Suspend or revoke the registration or certification of a counselor for a violation of this chapter. Section 11831.6. 
(b) The department may investigate allegations against a licensed professional providing counseling services at an alcoholism or drug abuse recovery or and  treatment program licensed, certified, or funded under this part, and recommend disciplinary actions, including, but not limited to, termination of employment at a program and suspension and revocation of licensure by the respective licensing board.
(c) The department shall establish an enforcement program focused on the oversight duties of this chapter. Staff of the enforcement program shall have responsibilities including, but not limited to, all of the following: fine a recovery residence, as defined in Section 11833.05, that is commercially operated, fifty thousand dollars ($50,000) for each violation of Section 11831.6. 
(1) Provide the department with analytical support for the development and administration of this chapter.
(2) Provide the department with general oversight and monitoring focused on investigations and enforcement of this chapter.
(3) Provide the department with legal guidance in the interpretation of this chapter.
(d) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may, if it deems appropriate, implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions from the department, until regulations are adopted.