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SB-863 Alcohol and other drug abuse recovery services: advertising and marketing.(2019-2020)



Current Version: 02/20/20 - Amended Senate         Compare Versions information image


SB863:v98#DOCUMENT

Amended  IN  Senate  February 20, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 863


Introduced by Senator Bates
(Coauthors: Senators Hill, Jones, Nielsen, Stern, and Wilk)
(Coauthors: Assembly Members Brough, Daly, Gallagher, Cristina Garcia, Lackey, Mathis, Patterson, Petrie-Norris, and Waldron)

January 17, 2020


An act to add Section 11831.9 to the Health and Safety Code, relating to substance abuse programs.


LEGISLATIVE COUNSEL'S DIGEST


SB 863, as amended, Bates. Alcohol and other drug abuse recovery services: advertising and marketing.
Existing law makes the State Department of Health Care Services the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities and prohibits a person, firm, corporation, or other specified entity from operating that type of facility without a valid license. Existing law also prohibits specified persons, programs, or entities from giving or receiving remuneration or anything of value for the referral of a person who is seeking alcoholism or drug abuse recovery and treatment services. Existing law authorizes the department to investigate allegations of violations of that prohibition and to impose sanctions for a violation, including assessing a penalty upon, or suspending or revoking the license or certification of, a facility.
This bill, bill would enact Brandon’s Law, which would prohibit an operator of a licensed alcoholism or drug abuse recovery or treatment facility or a certified alcohol or other drug program from engaging in various acts, including making a false or misleading statement about the entity’s products, goods, services, or geographical locations. The bill would also prohibit a picture, description, staff information, or the location of an entity from being included on an internet website along with false contact information that surreptitiously directs the reader to a business that does not have a contract with the entity. The bill would authorize the department to investigate allegations of a violation of these provisions and, upon finding a violation, to impose the sanctions available pursuant to existing law, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 11831.9 is added to the Health and Safety Code, to read:

11831.9.
 (a) This section shall be known, and may be cited, as “Brandon’s Law.”
(b) The Legislature recognizes that consumers with substance use disorders have disabling conditions conditions, and that these consumers and their families are vulnerable and at risk of being easily victimized by fraudulent marketing practices that adversely impact the delivery of health care. To protect the health, safety, and welfare of this vulnerable population, an operator of a licensed alcoholism or drug abuse recovery or treatment facility, as defined in Section 11834.02, or a certified alcohol or other drug program, shall not do any of the following:
(1) Make a false or misleading statement or provide false or misleading information about the entity’s products, goods, services, or geographical locations in its marketing, advertising materials, or media, or on its internet website or on a third-party internet website.
(2) Include on its internet website a picture, description, staff information, or the location of an entity, along with false contact information that surreptitiously directs the reader to a business that does not have a contract with the entity.
(3) Include on its internet website false information or an electronic link that provides false information or surreptitiously directs the reader to another internet website.
(c) The department may investigate an allegation of a violation of this section and, upon finding a violation of this section, or any regulation adopted to enforce this section, may impose one or more of the sanctions described in Section 11831.7 in accordance with regulations adopted pursuant to that section.