254B.181 SOBER HOMES.
All sober homes must comply with applicable state laws and regulations and local ordinances related to maximum occupancy, fire safety, and sanitation. In addition, all sober homes must:
(1) maintain a supply of an opiate antagonist in the home in a conspicuous location and post information on proper use;
(2) have written policies regarding access to all prescribed medications;
(3) have written policies regarding evictions;
(4) return all property and medications to a person discharged from the home and retain the items for a minimum of 60 days if the person did not collect them upon discharge. The owner must make an effort to contact persons listed as emergency contacts for the discharged person so that the items are returned;
(5) document the names and contact information for persons to contact in case of an emergency or upon discharge and notification of a family member, or other emergency contact designated by the resident under certain circumstances, including but not limited to death due to an overdose;
(6) maintain contact information for emergency resources in the community to address mental health and health emergencies;
(7) have policies on staff qualifications and prohibition against fraternization;
(8) permit residents to use, as directed by a licensed prescriber, legally prescribed and dispensed or administered pharmacotherapies approved by the United States Food and Drug Administration for the treatment of opioid use disorder;
(9) permit residents to use, as directed by a licensed prescriber, legally prescribed and dispensed or administered pharmacotherapies approved by the United States Food and Drug Administration to treat co-occurring substance use disorders and mental health conditions;
(10) have a fee schedule and refund policy;
(11) have rules for residents;
(12) have policies that promote resident participation in treatment, self-help groups, or other recovery supports;
(13) have policies requiring abstinence from alcohol and illicit drugs; and
(14) distribute the sober home bill of rights.
[See Note.]
An individual living in a sober home has the right to:
(1) have access to an environment that supports recovery;
(2) have access to an environment that is safe and free from alcohol and other illicit drugs or substances;
(3) be free from physical and verbal abuse, neglect, financial exploitation, and all forms of maltreatment covered under the Vulnerable Adults Act, sections 626.557 to 626.5572;
(4) be treated with dignity and respect and to have personal property treated with respect;
(5) have personal, financial, and medical information kept private and to be advised of the sober home's policies and procedures regarding disclosure of such information;
(6) access, while living in the residence, to other community-based support services as needed;
(7) be referred to appropriate services upon leaving the residence, if necessary;
(8) retain personal property that does not jeopardize safety or health;
(9) assert these rights personally or have them asserted by the individual's representative or by anyone on behalf of the individual without retaliation;
(10) be provided with the name, address, and telephone number of the ombudsman for mental health, substance use disorder, and developmental disabilities and information about the right to file a complaint;
(11) be fully informed of these rights and responsibilities, as well as program policies and procedures; and
(12) not be required to perform services for the residence that are not included in the usual expectations for all residents.
Any complaints about a sober home may be made to and reviewed or investigated by the ombudsman for mental health and developmental disabilities, pursuant to sections 245.91 and 245.94.
In addition to pursuing other remedies, an individual may bring an action to recover damages caused by a violation of this section.