Proposed Legislation
Regulation of Sober Living and Recovery Homes
AB 2081 –
Substance Abuse: Recovery and Treatment Programs
Existing law grants the State Department of Health Care Services the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities. The department is authorized to issue a license to specified types of facilities if certain criteria are met. Existing law requires licensees to report specified events and incidents to the department, including, among others, the death of a resident at a licensed facility. Existing law authorizes the department to investigate allegations of violations of governing law and take action upon a finding of a violation, as specified.
This bill would require an operator of a licensed alcoholism or drug abuse recovery or treatment facility or certified alcohol or other drug program to include a disclosure on its internet website if a legal, disciplinary, or other enforcement action has been brought by the department and the facility or program was determined to be in violation. The bill would require the internet website disclosure to include the date and nature of the violation. The bill would impose a $2,500 civil penalty for failure to comply with the internet website posting requirement.
Author: Assembly Member Laurie Davies
SB 1334 –
Substance Use Disorder Treatment: Licensing
Existing law requires the State Department of Health Care Services to license and regulate facilities that provide residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. Existing law requires a licensed facility to disclose specified information to the department, including ownership or control of, or financial interest in, a recovery residence, defined as a residential dwelling that provides primary housing for individuals who seek a cooperative living arrangement that supports personal recovery from a substance use disorder and that does not require licensure by the department or does not provide licensable services, and requires the department to conduct a site visit of a disclosed recovery residence if it is alleged to be providing recovery, treatment, or detoxification services.
This bill would define a recovery residence, for purposes of licensing alcoholism or drug abuse recovery or treatment facilities, as a residential dwelling that provides primary housing for individuals who seek a cooperative living arrangement that supports personal recovery from a substance use disorder, does not require licensure by the department, and does not provide licensable services, and would clarify that an unlicensed recovery residence may provide services to its residents, including, but not limited to, dining, housekeeping, security, transportation, and recreation. The bill would exempt recovery residences from being required to be licensed as an alcoholism or drug abuse recovery or treatment facility if the facility does not offer recovery services, as defined, and would allow residents of a recovery residence to actively participate in recovery services outside of the home. The bill would require a recovery residence to be operated as a separate business from a licensed facility and require the recovery residence to maintain separate agreements with each resident for the housing and services it provides.
Existing law declares that it is the policy of the state that each county and city shall permit and encourage the development of sufficient numbers and types of alcoholism or drug abuse recovery or treatment facilities as are commensurate with local need. Existing law requires an alcoholism or drug abuse recovery or treatment facility that serves 6 or fewer persons to be considered a residential use of property for the purposes of local regulation, regardless of whether or not unrelated persons are living together.
This bill would additionally consider recovery residences that serve 6 or fewer people to be considered a residential use of property for the purposes of local regulation. The bill would authorize local jurisdictions to require a use permit or conditional use permit for an alcoholism or drug abuse recovery or treatment facility or a recovery residence that serves 7 or more residents, and allow local jurisdictions to require those facilities to be at least 1,000 feet from another state-licensed alcoholism or drug abuse recovery or treatment facility or recovery residence as part of the use permit.
Author: Senator Josh Newman
AB 2574 –
Alcoholism or Drug Abuse Recovery or Treatment Facilities
Existing law declares that it is the policy of the state that each county and city shall permit and encourage the development of sufficient numbers and types of alcoholism or drug abuse recovery or treatment facilities as are commensurate with local need. Existing law requires an alcoholism or drug abuse recovery or treatment facility that serves 6 or fewer persons to be considered a residential use of property for the purposes of local regulations, regardless of whether or not unrelated persons are living together.
This bill would exempt an unlicensed home for persons recovering from alcoholism or drug abuse in a neighborhood zoned for residential use from being considered a residential use of property when specified evidence demonstrates that the facility is an integral part of a licensed drug treatment facility located elsewhere.
Author: Assembly Member Avelino Valencia
AB 2170 –
Public Health: Alcoholism or Drug Abuse Recovery
Existing law provides for the licensing and regulation of alcoholism or drug abuse recovery or treatment facilities, as defined, by the State Department of Health Care Services.
This bill would make technical, non-substantive changes to a related provision.
Author: Assembly Member Diane Dixon
AB 2121 –
Substance Use Disorder Treatment: Licensing
Existing law authorizes the State Department of Health Care Services to issue a license to operate an alcoholism or drug abuse recovery or treatment facility if specified conditions are met, including submission of a written application and licensing fee.
This bill would additionally require the facility to confirm that it is located more than 300 feet from any alcoholism or drug abuse recovery or treatment facility or any community care facility, as specified, and would require the department to notify in writing the city or the county in which the facility is located of the issuance of a license, as specified.
Author: Assembly Member Diane Dixon
SB 913 –
Substance Use Disorder Treatment: Facilities
Existing law requires laboratories or certified outpatient treatment programs that lease, manage, or own housing that is offered to individuals using the laboratory or outpatient treatment services to maintain separate housing contracts stating that payment for the housing is the patient’s responsibility and does not depend on insurance benefits. Existing law requires alcoholism or drug abuse recovery or treatment facilities to only offer discounted postdischarge housing and specified transportation services under certain conditions, including that the patient enters into a repayment plan for any subsidized rent.
This bill would authorize a city attorney of a city in which the housing units are located or the district attorney of a county if the housing units are located in the unincorporated area of the county to enforce the above provisions.
Existing law grants the sole authority in state government to the State Department of Health Care Services to license adult alcoholism or drug abuse recovery or treatment facilities, and authorizes the department to conduct site visits to licensed facilities for the purpose of determining compliance with applicable statutes and regulations.
This bill would additionally authorize a city, or a county if a facility is located within the unincorporated area of the county, with the approval of the department, to conduct site visits, and would require the department to develop a process that allows a city or county to request approval from the department for the city or county to conduct a site visit, or to request that the department conduct a site visit, as specified.
Author: Senator Tom Umberg
