Today's Law As Amended


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AB-2121 Substance use disorder treatment: licensing.(2023-2024)



As Amends the Law Today


SECTION 1.

 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 alcoholism or drug abuse recovery or treatment facility upon receipt of a completed written application, fire clearance, and licensing fee subject to the department’s review and review, upon  determination that the applicant can comply with this chapter and regulations adopted pursuant to this chapter. chapter, and upon confirmation that the location of the facility is more than 300 feet from any facility licensed pursuant to this chapter or any community care facility licensed by the State Department of Social Services pursuant to Chapter 3 (commencing with Section 1500) of Division 2. 
(b) Failure to submit a completed written application, fire clearance, and payment of the required licensing fee in a timely manner shall result in termination of the department’s licensure review and shall require submission of a new application by the applicant.
(c) 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 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.
(g) The department shall notify in writing the city, or the county if the facility is located within the unincorporated area of the county, of the issuance of a license pursuant to this section. Such notification shall include the name and mailing address of the licensee and the location of the facility.