Tom Umberg
- Democratic
- Senator
- District 34
Author
Existing law provides for the licensure and regulation of adult alcoholism or drug abuse recovery or treatment facilities by the State Department of Health Care Services and authorizes the department to enforce those provisions. Existing law also requires the department to implement a program certification procedure for alcohol and other drug treatment recovery services. Existing law generally prohibits specified persons, programs, or entities, such as an alcoholism or drug abuse treatment facility or a person employed by, or working for, an alcohol or other drug program, from giving or receiving anything of value for the referral of a person who is seeking alcoholism or drug abuse recovery and treatment services, and authorizes the department to investigate allegations of violations of those provisions, and to assess various penalties upon a person, program, or entity that is found in violation of those provisions. Existing law requires all programs licensed or certified by the department pursuant to those provisions to disclose any ownership or control of, or financial interest in, a recovery residence, as defined. This bill would create the California Ethical Treatment for Persons with Substance Use Disorder Act to provide protection for substance use disorder treatment clients and their families. The bill would declare the intent for its provisions to be construed in favor of maximizing protections for clients, families, and their communities. The bill would impose requirements and proscribe unlawful acts relating to marketing and advertising with respect to treatment providers, as defined by the bill. The bill would require a treatment provider doing business in the state to adopt a client bill of rights for persons receiving treatment for substance use disorder, as specified, and to make the bill of rights available to all clients and prospective clients. The bill would require a treatment provider to maintain records of referrals to or from a recovery residence, as specified. Specified acts made unlawful by the bill would be subject to a civil fine of up to $20,000 per violation. The bill would authorize the Attorney General, a district attorney, a county counsel, a city attorney, or any injured person or entity to bring a claim for declaratory relief or to recover a civil penalty, as specified. The bill also would authorize the department to investigate allegations of violations of the bill and to take subsequent action, including assessing penalties and suspending or revoking a provider's license or certification.
Chaptered by Secretary of State. Chapter 15, Statutes of 2022.
Approved by the Governor.
Enrolled and presented to the Governor at 3 p.m.
Assembly amendments concurred in. (Ayes 35. Noes 0. Page 3303.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 65. Noes 0. Page 4045.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Ordered to third reading.
Read third time and amended.
Ordered to third reading.
From inactive file.
Notice of intention to remove from inactive file given by Assembly Member Petrie-Norris.
Ordered to inactive file on request of Assembly Member Reyes.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 16. Noes 0.) (August 26).
August 19 set for first hearing. Placed on suspense file.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 1.) (July 13).
Re-referred to Com. on JUD. pursuant to Assembly Rule 96.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (July 6). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.
June 22 set for first hearing canceled at the request of author.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 38. Noes 0. Page 1277.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 7. Noes 0. Page 1188.) (May 20).
Set for hearing May 20.
May 3 hearing: Placed on APPR suspense file.
Set for hearing May 3.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 11. Noes 0. Page 686.) (April 6).
Set for hearing April 6.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 10. Noes 0. Page 533.) (March 17). Re-referred to Com. on JUD.
Set for hearing March 17.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.
Art. IV. Sec. 8(a) of the Constitution dispensed with.
Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)
(Ayes 32. Noes 4.)
From printer. May be acted upon on or after March 12.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB349 | HTML |
| 02/09/21 - Introduced | |
| 03/08/21 - Amended Senate | |
| 04/08/21 - Amended Senate | |
| 06/28/21 - Amended Assembly | |
| 07/14/21 - Amended Assembly | |
| 02/22/22 - Amended Assembly | |
| 04/05/22 - Enrolled | |
| 04/13/22 - Chaptered |
| Document | Format |
|---|---|
| 03/15/21- Senate Health | |
| 04/02/21- Senate Judiciary | |
| 04/30/21- Senate Appropriations | |
| 05/22/21- Sen. Floor Analyses | |
| 07/01/21- Assembly Health | |
| 07/12/21- Assembly Judiciary | |
| 08/17/21- Assembly Appropriations | |
| 08/31/21- ASSEMBLY FLOOR ANALYSIS | |
| 02/23/22- ASSEMBLY FLOOR ANALYSIS | |
| 03/30/22- Sen. Floor Analyses |
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