SB 1334

Bill Subjects

Substance Use Disorder Treatment Licensing

Abstract

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.