Cal. HSC § 11834.61 — California Code / Code hsc / Division 10.5 / Part 2 / Chapter 7.6 / Section 11834.61
Section 11834.61
Status: in_force

(a) An alcohol or other drug recovery or treatment facility or an alcohol or other drug program may request the department to place its license or certification on inactive status as a result of an emergency or disaster proclaimed or declared, as described in Section 1796.81, if both of the following apply:

(1) The facility or program is forced to close because the destruction or damage to the building renders the building inhabitable or threatens the health and safety of the residents or clients.

(2) The facility or program intends to become operational at the same location.

(b) A facility or program shall request the current license or certification to be made inactive pursuant to subdivision (a) within 90 days of the applicable proclamation or declaration.

(c) To request an inactive license or certification, a facility or program shall submit to the department, by mail or email, all of the following:

(1) The name of the licensed facility or certified program.

(2) The license or certification number.

(3) The mailing address of the facility or program.

(4) The email address of the facility or program, if applicable.

(5) The name of the applicable proclamation or declaration.

(6) A description of the destruction or damage to the building, including photographs or insurance claims that show the destruction or damage to the building.

(7) A statement affirming the facility or program intends to become operational at the same location.

(d) The department shall, within 15 working days of receipt of the request in subdivision (b) and the information specified in subdivision (c), provide written notification to a facility or program stating whether the request is complete or incomplete.

(1) If the request is incomplete, a facility or program shall have 30 working days from the date of the written notification to provide missing information. Failure to submit the missing information within 30 working days shall result in the request being automatically terminated. The facility or program may resubmit a new request together with the information specified in subdivision (c) so long as it is within 90 days of the applicable proclamation or declaration.

(2) If a facility or program request is complete, the applicable license or certification shall become inactive as of the date of the written notification from the department.

(e) A facility seeking to reactivate a license shall submit a completed written application for extension pursuant to Section 11834.16. A facility seeking to reactivate a license pursuant to this section is exempt from paying the fees associated with a license extension.

(f) A program seeking to reactivate a certification shall submit a completed written application for renewal pursuant to Section 11832.6. A program seeking to reactivate a certification pursuant to this section is exempt from paying the fees associated with a certification renewal.

(g) Licensure and certification fees shall not be due or payable during the time period when a license or certification is inactive.

(h) A facility or program shall apply for reactivation pursuant to subdivision (e) or (f) within two years of the written notification from the department set forth in paragraph (2) of subdivision (d). If the facility or program does not apply for reactivation within this timeframe, the license or certification shall expire. The facility or program may then apply for a new license or certification pursuant to Section 11834.03 or Section 11832.4.

(i) Inactive license status may be extended subject to department approval.

(j) A facility or program with an inactive license or certification shall not provide any services during the inactive period.

(k) This chapter shall not waive existing law, including Sections 11832.12, 11832.13, 11834.31, and 11834.35, or the facility’s or program’s obligation to submit information regarding compliance with any applicable statutes and regulations.

(l) An inactive license or certification shall not deprive the department of its authority to institute or continue a licensing or certification action against the licensee or program upon any ground provided by law or to enter an order suspending or revoking the license or certification or otherwise taking disciplinary action against the licensee or program on any ground provided by law.