reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.1 - Certification of Alcohol and Other Drug Programs › Section 11832.18.

11832.18. (a) If a program is alleged to be in violation of Section 11832.7, the department shall conduct a site visit to investigate the allegation. If the department finds evidence that the program is providing treatment, recovery, detoxification, or medication-assisted treatment services without a certification, the department shall issue a written notice to the program stating that it is operating in violation of Section 11832.7. The notice shall include all of the following:
(1) The date by which the program shall cease providing services.
(2) Notice that the department may assess against the program a civil penalty of two thousand dollars ($2,000) per day for every day the program continues to provide services beyond the date specified in the notice.
(3) Notice that the case may be referred for civil proceedings if the program continues to provide services beyond the date specified in the notice.
(4) Inform the program of the certification requirements of this chapter.
(b) A person or entity found to be in violation of Section 11832.7 shall be prohibited from applying for initial certification for a period of five years from the date of the notice specified in subdivision (a).
(c) The department may levy a civil penalty for a violation of Section 11832.7 in an amount not to exceed two thousand dollars ($2,000) per day for every day the program continues to provide services beyond the date specified in a notice pursuant to subdivision (a).
(Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.1 - Certification of Alcohol and Other Drug Programs › Section 11832.19.

11832.19. (a) The director may bring an action to enjoin the violation of Section 11832.7 in the superior court in and for the county in which the violation occurred. Any proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable damage or loss.
(b) With respect to any and all actions brought pursuant to this section alleging an actual violation of Section 11832.7, the court shall, if it finds the allegations to be true, issue an order enjoining the program from continuance of the violation.
(Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.1 - Certification of Alcohol and Other Drug Programs › Section 11832.20.

11832.20. (a) (1) In addition to the penalties of suspension or revocation of a certification issued under this chapter, the department may also levy a civil penalty for violation by a certificate holder of this chapter or the regulations adopted pursuant to this chapter.
(2) The amount of the civil penalty, as determined by the department, shall not be less than two hundred fifty dollars ($250) or more than five hundred dollars ($500) per day for each violation, except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event shall a civil penalty assessment exceed one thousand dollars ($1,000) per day.
(3) A program that is cited for repeating the same violation within 24 months of the first violation is subject to a civil penalty of five hundred dollars ($500) for the first day and seven hundred fifty dollars ($750) for each day the violation continues until the deficiency is corrected.
(4) A program that has been assessed a civil penalty pursuant to paragraph (3) that repeats the same violation within 24 months of the violation subject to paragraph (3) is subject to a civil penalty of five hundred dollars ($500) for the first day and one thousand dollars ($1,000) for each day the violation continues until the deficiency is corrected.
(b) Prior to the assessment of any civil penalty, the department shall provide the program with notice requiring the program to correct the deficiency within the period of time specified in the notice.
(Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.1 - Certification of Alcohol and Other Drug Programs › Section 11832.21.

11832.21. The civil and administrative remedies available to the department pursuant to this chapter are not exclusive, and may be sought and employed in any combination deemed advisable by the department to enforce this chapter.
(Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.1 - Certification of Alcohol and Other Drug Programs › Section 11832.22.

11832.22. (a) Any alcohol or other program operating in a setting that is exempt from mandatory certification under subdivision (b) of Section 11832.3 may voluntarily apply to the department for certification.
(b) Any facility that voluntarily obtains certification pursuant to this section is subject to the enforcement and requirements of this chapter and any regulations adopted pursuant to this chapter.
(Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.1 - Certification of Alcohol and Other Drug Programs › Section 11832.23.

11832.23. (a) The department shall adopt regulations necessary to implement this chapter.
(b) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 commencing with Section 11340 of Part 1 of Division 3 of Title 2 of the Government Code), the department may, if it deems appropriate, implement, interpret, or make specific this chapter by means of provider bulletins, written guidelines, or similar instructions from the department, until regulations are adopted.
(Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.1 - Certification of Alcohol and Other Drug Programs › Section 11832.24.

11832.24. Any alcohol or other drug program certified by the department under the alcohol or other drug program certification standards developed in accordance with Section 11830.1, as it read on June 30, 2023, shall be deemed certified under this chapter until the expiration date set forth on the certification in place as of June 30, 2023. The alcohol or other drug program shall be subject to, and comply with, the requirements of this chapter, including the process to renew its certification.
(Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.1 - Certification of Alcohol and Other Drug Programs › Section 11832.25.

11832.25. Notwithstanding Sections 11832.3 and 11832.7, any alcohol or other drug program that is not deemed certified pursuant to Section 11832.24 shall apply for certification no later than January 1, 2024, and shall obtain certification, and be in compliance with this chapter, no later than January 1, 2025.
(Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.3 - Licensing and Certification Program Funding › Section 11833.01.

11833.01. This chapter applies to all programs, facilities, or services certified pursuant to Chapter 7.1 (commencing with Section 11832) or licensed pursuant to Chapter 7.5 (commencing with Section 11834.01), or both.
(Amended by Stats. 2023, Ch. 42, Sec. 36. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.3 - Licensing and Certification Program Funding › Section 11833.02.

11833.02. (a) The department shall charge a fee to all programs for licensure or certification by the department, regardless of the form of organization or ownership of the program.
(b) The department may establish fee scales using different capacity levels, categories based on measures other than program capacity, or any other category or classification that the department deems necessary or convenient to maintain an effective and equitable fee structure.
(c) Licensing and certification fees shall be evaluated annually, taking into consideration the overall cost of the residential and outpatient licensing and certification activities of the department, including initial issuance, renewals, complaints, enforcement activity, related litigation, and any other program activity relating to licensure and certification, plus a reasonable reserve. Any excess fees remaining in the Residential and Outpatient Program Licensing Fund pursuant to Section 11833.03 at the end of each fiscal year shall be carried forward and taken into consideration in setting the amount of fees imposed in the immediately subsequent fiscal year.
(d) No sooner than July 1, 2027, the department is authorized to approve a fee increase, up to and including 5 percent on an annual basis, as needed to address the costs of licensing and certification activities identified in subdivision (c).
(e) If the department proposes new fees or an increase in fees in excess of 5 percent, the department shall submit those new fees or fee increases to the Legislature for approval no later than April 1 of each year as part of the spring finance letter process. New fees or fee increases in excess of 5 percent shall not be implemented without legislative approval.
(f) The department shall issue a provider bulletin pursuant to Section 11833.04 setting forth the fee structure. The department shall, on an annual basis, publish the current fee structure on the department’s internet website.
(g) To provide access to quality substance use disorder services, the department shall develop a process for programs and facilities to apply for a hardship fee waiver. The department shall issue a provider bulletin pursuant to Section 11833.04 detailing the process to apply for a hardship fee waiver that includes eligibility requirements for demonstrated need by July 1, 2024.
(h) Unless funds are specifically appropriated from the General Fund in the annual Budget Act or other legislation to support the division, the Licensing and Certification Division, no later than the beginning of the 2010–11 fiscal year, shall be supported entirely by federal funds and special funds.
(Amended by Stats. 2023, Ch. 191, Sec. 4. (SB 137) Effective September 13, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.3 - Licensing and Certification Program Funding › Section 11833.03.

11833.03. The Residential and Outpatient Program Licensing Fund is hereby established in the State Treasury. All fees, fines, and penalties collected from residential and outpatient programs collected in accordance with this chapter shall be deposited in this fund. The money in the fund shall be available upon appropriation by the Legislature for the purposes of supporting the licensing and certification activities of the department.
(Added by Stats. 2007, Ch. 177, Sec. 9. Effective August 24, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.3 - Licensing and Certification Program Funding › Section 11833.04.

11833.04. Notwithstanding the rulemaking provisions of the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement new fees or fee changes and a hardship fee waiver process by means of provider bulletins or similar instructions from the director without taking regulatory action. The department shall notify and consult with interested parties and appropriate stakeholders regarding new fees or fee changes and the hardship fee waiver process established pursuant to this chapter.
(Amended by Stats. 2023, Ch. 191, Sec. 5. (SB 137) Effective September 13, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.4 - Licensing and Certification Program Disclosures › Section 11833.05.

11833.05. (a) All programs certified by the department pursuant to Chapter 7.1 (commencing with Section 11832) or facilities licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) shall disclose to the department the following information:
(1) Ownership or control of, or financial interest in, a recovery residence.
(2) Any contractual relationship with an entity that regularly provides professional services or addiction treatment or recovery services to clients of programs certified or facilities licensed by the department, if the entity is not part of the program certified or facility licensed by the department.
(b) All programs certified or facilities licensed by the department shall make the disclosures pursuant to subdivision (a) upon initial licensure or certification, upon renewal of licensure or certification, and upon a licensed facility or certified program acquiring or starting a relationship that meets paragraph (1) or (2) of subdivision (a).
(c) The department may suspend or revoke the certification of a program or license of a facility for failing to disclose the information required in subdivision (a).
(d) The department shall take action pursuant to Section 11834.31 against an unlicensed facility that is disclosed as a recovery residence pursuant to paragraph (1) of subdivision (a). This subdivision does not require an investigation of a recovery residence that is not alleged to be operating in violation of Section 11834.30.
(e) The department may refer a substantiated complaint against a recovery residence to other enforcement entities as appropriate under state or federal law, including the Department of Insurance, the Department of Managed Health Care, the Attorney General, and the United States Attorney General.
(f) For the purposes of this section, “recovery residence” means 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, pursuant to Chapter 7.5 (commencing with Section 11834.01). A recovery residence may include, but is not limited to, residential dwellings commonly referred to as “sober living homes,” “sober living environments,” or “unlicensed alcohol and drug free residences.”
(Amended by Stats. 2023, Ch. 42, Sec. 37. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.5 - Licensing › ARTICLE 1 - General Provisions › Section 11834.01.

11834.01. The department has the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities.
(a)  In administering this chapter, the department shall issue new licenses for a period of two years to those programs that meet the criteria for licensure set forth in Section 11834.03.
(b)  Onsite program visits for compliance shall be conducted at least once during the license period.
(c)  The department may conduct announced or unannounced site visits to facilities licensed pursuant to this chapter for the purpose of reviewing for compliance with all applicable statutes and regulations.
(Added by renumbering Section 11834.10 by Stats. 1993, Ch. 741, Sec. 3. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.5 - Licensing › ARTICLE 1 - General Provisions › Section 11834.015.

11834.015. (a) The department shall adopt the American Society of Addiction Medicine treatment criteria, or an equivalent evidence-based standard, as the minimum standard of care for licensed facilities and shall require a licensee to maintain those standards with respect to the level of care to be provided by the licensee.
(b) The department may implement, interpret, or make specific this section by means of plan or provider bulletins or similar instructions until regulations are adopted. The department shall adopt regulations by January 1, 2023.
(Added by Stats. 2018, Ch. 781, Sec. 1. (SB 823) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.5 - Licensing › ARTICLE 1 - General Provisions › Section 11834.02.

11834.02. (a) As used in this chapter, “alcoholism or drug abuse recovery or treatment facility” or “facility” means any premises, place, or building that provides 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.
(b) As used in this chapter, “adults” may include, but is not limited to, all of the following:
(1) Mothers over 18 years of age and their children.
(2) Emancipated minors, which may include, but is not limited to, mothers under 18 years of age and their children.
(c) As used in this chapter, “emancipated minors” means persons under 18 years of age who have acquired emancipation status pursuant to Section 7002 of the Family Code.
(d) Notwithstanding subdivision (a), an alcoholism or drug abuse recovery or treatment facility may serve adolescents upon the issuance of a waiver granted by the department pursuant to regulations adopted under subdivision (c) of Section 11834.50.
(Amended by Stats. 2018, Ch. 784, Sec. 2. (SB 992) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.5 - Licensing › ARTICLE 1 - General Provisions › Section 11834.025.

11834.025. (a) (1) As a condition of providing incidental medical services, as defined in subdivision (a) of Section 11834.026, at a facility licensed by the department, the facility, within a reasonable period of time, as defined by the department in regulations, shall obtain from each program participant, a signed certification described in subdivision (b) from a health care practitioner.
(2) For purposes of this chapter, “health care practitioner” means a person duly licensed and regulated under Division 2 (commencing with Section 500) of the Business and Professions Code, who is acting within the scope of practice of his or her license or certificate.
(b) The department shall develop a standard certification form for use by a health care practitioner. The form shall include, but not be limited to, a description of the alcoholism and drug abuse recovery or treatment services that an applicant needs.
(c) (1) The department shall adopt regulations, on or before July 1, 2018, to implement this section. The regulations shall be adopted in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act, the department may, if it deems appropriate, implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions from the department only until the department adopts regulations.
(Added by Stats. 2015, Ch. 744, Sec. 2. (AB 848) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.5 - Licensing › ARTICLE 1 - General Provisions › Section 11834.03.

11834.03. (a) A person or entity applying for licensure shall file with the department, on forms provided by the department, all of the following:
(1) A completed written application for licensure.
(2) A fire clearance approved by the State Fire Marshal or local fire enforcement officer.
(3) A licensure fee, established in accordance with Chapter 7.3 (commencing with Section 11833.01).
(b) (1) If an applicant intends to permit services pursuant to Section 11834.026, the applicant shall submit evidence of a valid license of the physician and surgeon who will provide or oversee those services, and any other information the department deems appropriate.
(2) The department shall establish and collect an additional licensure fee for an application that includes a request to provide services pursuant to Section 11834.026. The fee shall be set at an amount sufficient to cover the reasonable costs to the department of the additional assessment and investigation necessary to license facilities to provide these services, including, but not limited to, processing applications, issuing licenses, and investigating reports of noncompliance with licensing regulations.
(Amended by Stats. 2015, Ch. 744, Sec. 4. (AB 848) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.5 - Licensing › ARTICLE 1 - General Provisions › Section 11834.09.

11834.09. (a) The department may issue a single license to operate an alcoholism or drug abuse recovery or treatment facility upon receipt of a completed written application, fire clearance, and licensing fee subject to the department’s review and determination that the applicant can comply with this chapter and regulations adopted pursuant to this chapter.
(b) Failure to submit a completed written application, fire clearance, and payment of the required licensing fee in a timely manner shall result in termination of the department’s licensure review and shall require submission of a new application by the applicant.
(c) Failure of the applicant to demonstrate the ability to comply with this chapter or the regulations adopted pursuant to this chapter shall result in departmental denial of the application for licensure.
(d) Initial licenses for new facilities shall be provisional for one year. During the term of the provisional license, the department may revoke the license for good cause. For the purposes of this section, “good cause” means failure to operate in compliance with this chapter or the regulations adopted pursuant to this chapter. A licensee may not reapply for an initial license for five years following a revocation of a provisional license.
(e) On or before July 1, 2022, the department shall adopt regulations to implement this section in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(f) Notwithstanding the rulemaking provisions of the Administrative Procedure Act, the department may implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions, until regulations are adopted.
(Repealed and added by Stats. 2018, Ch. 775, Sec. 2. (AB 3162) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.5 - Licensing › ARTICLE 1 - General Provisions › Section 11834.15.

11834.15. The department may assess civil penalties in accordance with Sections 11834.31 and 11834.34.
(Amended by Stats. 2007, Ch. 177, Sec. 12. Effective August 24, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.5 - Licensing › ARTICLE 1 - General Provisions › Section 11834.16.

11834.16. A license shall be valid for a period of two years from the date of issuance. The department may extend the licensure period for subsequent two-year periods upon submission by the licensee of a completed written application for extension and payment of the required licensing fee prior to the expiration date shown on the license. Failure to submit to the department the required written application for extension of the licensing period, or failure to submit to the department the required licensing fee prior to the expiration date on the license, shall result in the automatic expiration of the license at the end of the two-year licensing period.
(Added by Stats. 1993, Ch. 741, Sec. 10. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.5 - Licensing › ARTICLE 1 - General Provisions › Section 11834.17.

11834.17. No city, county, city and county, or district shall adopt or enforce any building ordinance or local rule or regulations relating to the subject of fire and life safety in alcoholism and drug abuse recovery facilities which is more restrictive than those standards adopted by the State Fire Marshal.
(Amended by Stats. 1989, Ch. 919, Sec. 12.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.5 - Licensing › ARTICLE 1 - General Provisions › Section 11834.18.

11834.18. (a)  Nothing in this chapter shall authorize the imposition of rent regulations or controls for licensed alcoholism or drug abuse recovery or treatment facilities.
(b)  Licensed alcoholism and drug abuse recovery or treatment facilities shall not be subject to controls on rent imposed by any state or local agency or other local government or entity.
(Amended by Stats. 1989, Ch. 919, Sec. 13.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.5 - Licensing › ARTICLE 2 - Local Regulation › Section 11834.20.

11834.20. The Legislature hereby declares that it is the policy of this 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.
The provisions of this article apply equally to any chartered city, general law city, county, city and county, district, and any other local public entity.
For the purposes of this article, “six or fewer persons” does not include the licensee or members of the licensee’s family or persons employed as facility staff.
(Amended by Stats. 1989, Ch. 919, Sec. 15.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.5 - Licensing › ARTICLE 2 - Local Regulation › Section 11834.21.

11834.21. Any person licensed under this chapter who operates or proposes to operate an alcoholism or drug abuse recovery or treatment facility, the department or other public agency authorized to license such a facility, or any public or private agency which uses or may use the services of the facility to place its clients, may invoke the provisions of this article.
This section shall not be construed to prohibit any interested party from bringing suit to invoke the provisions of this article.
(Amended by Stats. 1989, Ch. 919, Sec. 16.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.5 - Licensing › ARTICLE 2 - Local Regulation › Section 11834.22.

11834.22. An alcoholism or drug abuse recovery or treatment facility which serves six or fewer persons shall not be subject to any business taxes, local registration fees, use permit fees, or other fees to which other single-family dwellings are not likewise subject. Nothing in this section shall be construed to forbid the imposition of local property taxes, fees for water service and garbage collection, fees for inspections not prohibited by Section 11834.23, local bond assessments, and other fees, charges, and assessments to which other single-family dwellings are likewise subject. Neither the State Fire Marshal nor any local public entity shall charge any fee for enforcing fire inspection regulations pursuant to state law or regulation or local ordinance, with respect to alcoholism or drug abuse recovery or treatment facilities which serve six or fewer persons.
(Amended by Stats. 1989, Ch. 919, Sec. 17.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.5 - Licensing › ARTICLE 2 - Local Regulation › Section 11834.23.

11834.23. (a) Whether or not unrelated persons are living together, an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons shall be considered a residential use of property for the purposes of this article. In addition, the residents and operators of the facility shall be considered a family for the purposes of any law or zoning ordinance that relates to the residential use of property pursuant to this article.
(b) For the purpose of all local ordinances, an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons shall not be included within the definition of a boarding house, rooming house, institution or home for the care of minors, the aged, or persons with mental health disorders, foster care home, guest home, rest home, community residence, or other similar term that implies that the alcoholism or drug abuse recovery or treatment home is a business run for profit or differs in any other way from a single-family residence.
(c) This section shall not be construed to forbid a city, county, or other local public entity from placing restrictions on building heights, setback, lot dimensions, or placement of signs of an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons as long as the restrictions are identical to those applied to other single-family residences.
(d) This section shall not be construed to forbid the application to an alcoholism or drug abuse recovery or treatment facility of any local ordinance that deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity. However, the ordinance shall not distinguish alcoholism or drug abuse recovery or treatment facilities that serve six or fewer persons from other single-family dwellings or distinguish residents of alcoholism or drug abuse recovery or treatment facilities from persons who reside in other single-family dwellings.
(e) No conditional use permit, zoning variance, or other zoning clearance shall be required of an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons that is not required of a single-family residence in the same zone.
(f) Use of a single-family dwelling for purposes of an alcoholism or drug abuse recovery facility serving six or fewer persons shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of Division 13 or local building codes. However, nothing in this section is intended to supersede Section 13143 or 13143.6, to the extent those sections are applicable to alcoholism or drug abuse recovery or treatment facilities serving six or fewer residents.
(Amended by Stats. 2014, Ch. 144, Sec. 37. (AB 1847) Effective January 1, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.5 - Licensing › ARTICLE 2 - Local Regulation › Section 11834.24.

11834.24. No fire inspection clearance or other permit, license, clearance, or similar authorization shall be denied to an alcoholism or drug abuse recovery or treatment facility because of a failure to comply with local ordinances from which the facility is exempt under Section 11834.23, if the applicant otherwise qualifies for a fire clearance, license, permit, or similar authorization.
(Amended by Stats. 1989, Ch. 919, Sec. 19.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.5 - Licensing › ARTICLE 2 - Local Regulation › Section 11834.25.

11834.25. For the purposes of any contract, deed, or covenant for the transfer of real property executed on or after January 1, 1979, an alcoholism or drug abuse recovery or treatment facility which serves six or fewer persons shall be considered a residential use of property and a use of property by a single family, notwithstanding any disclaimers to the contrary.
(Amended by Stats. 1989, Ch. 919, Sec. 20.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.5 - Licensing › ARTICLE 2.5 - Requirements for Licensees › Section 11834.27.

11834.27. (a)  The department shall have the sole authority in state government to establish the appropriate minimum qualifications of the licensee or designated administrator, and the staff of a provider of any of the services specified in subdivision (a) of Section 11834.26. These qualifications may include, but not be limited to, education, skills, life experience, and training.
(b)  Nothing in this section shall be construed to apply to credentialing or licensing of individuals or to certification qualifications established pursuant to Chapter 7 (commencing with Section 11833).
(Added by Stats. 1993, Ch. 741, Sec. 12. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.5 - Licensing › ARTICLE 2.5 - Requirements for Licensees › Section 11834.28.

11834.28. (a) No sooner than July 1, 2022, an alcoholism or drug abuse recovery or treatment facility shall either offer medications for addiction treatment (MAT) directly to clients, or have an effective referral process in place with narcotic treatment programs, community health centers, or other MAT providers.
(b) An effective referral process shall include an established relationship with a MAT provider and transportation to appointments for MAT. Providing contact information for a MAT provider does not meet the requirement of an effective referral.
(c) An alcoholism or drug abuse recovery or treatment facility shall implement and maintain a MAT policy approved by the department. The MAT policy shall do all of the following:
(1) Explain how a client receives information about the benefits and risks of MAT.
(2) Describe the availability of MAT at the program, if applicable, or the referral process for MAT.
(3) Identify an evidence-based assessment for determining a client’s MAT needs.
(4) Address administration, storage, and disposal of MAT, if applicable.
(5) Outline training for staff about the benefits and risks of MAT.
(6) Outline training for staff on the MAT policy.
(d) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section through the use of all-county letters, provider bulletins, or similar instructions, without taking any further regulatory action.
(Added by Stats. 2022, Ch. 47, Sec. 10. (SB 184) Effective June 30, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.5 - Licensing › ARTICLE 2.5 - Requirements for Licensees › Section 11834.29.

11834.29. Any licensee that provides recovery, treatment, or detoxification services, that is not in compliance with the requirements of this article, shall have one year from the effective date of the regulations adopted by the department pursuant to this article and pursuant to Article 5 (commencing with Section 11834.50) to comply. In the event that the licensee fails to comply, the department shall take action against the licensee pursuant to Article 4 (commencing with Section 11834.36).
(Added by Stats. 1993, Ch. 741, Sec. 12. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.5 - Licensing › ARTICLE 3 - Offenses › Section 11834.30.

11834.30. No person, firm, partnership, association, corporation, or local governmental entity shall operate, establish, manage, conduct, or maintain an alcoholism or drug abuse recovery or treatment facility to provide recovery, treatment, or detoxification services within this state without first obtaining a current valid license issued pursuant to this chapter.
(Added by renumbering Section 11834.12 by Stats. 1993, Ch. 741, Sec. 6. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.5 - Licensing › ARTICLE 3 - Offenses › Section 11834.31.

11834.31. If a facility is alleged to be in violation of Section 11834.30, the department shall conduct a site visit to investigate the allegation. If the department’s employee or agent finds evidence that the facility is providing alcoholism or drug abuse recovery, treatment, or detoxification services without a license, the employee or agent shall take the following actions:
(a) Submit the findings of the investigation to the department.
(b) Upon departmental authorization, issue a written notice to the facility stating that the facility is operating in violation of Section 11834.30. The notice shall include all of the following:
(1) The date by which the facility shall cease providing services.
(2) Notice that the department will assess against the facility a civil penalty of two thousand dollars ($2,000) per day for every day the facility continues to provide services beyond the date specified in the notice.
(3) Notice that the case will be referred for civil proceedings pursuant to Section 11834.32 in the event the facility continues to provide services beyond the date specified in the notice.
(c) Inform the facility of the licensing requirements of this chapter.
(d) A person or entity found to be in violation of Section 11834.30 shall be prohibited from applying for initial licensure for a period of five years from the date of the notice specified in subdivision (b).
(Amended by Stats. 2018, Ch. 775, Sec. 5. (AB 3162) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.5 - Licensing › ARTICLE 3 - Offenses › Section 11834.32.

11834.32. (a)  The director may bring an action to enjoin the violation of Section 11834.30 in the superior court in and for the county in which the violation occurred. Any proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable damage or loss.
(b)  With respect to any and all actions brought pursuant to this section alleging actual violation of Section 11834.30, the court shall, if it finds the allegations to be true, issue its order enjoining the alcoholism or drug abuse recovery or treatment facility from continuance of the violation.
(Added by renumbering Section 11834.30 by Stats. 1993, Ch. 741, Sec. 13. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.5 - Licensing › ARTICLE 3 - Offenses › Section 11834.34.

11834.34. (a)  In addition to the penalties of suspension or revocation of a license issued under this chapter, the department may also levy a civil penalty for violation of this chapter or the regulations adopted pursuant to this chapter.
(1)  The amount of the civil penalty, as determined by the department, shall not be less than two hundred fifty dollars ($250) or more than five hundred dollars ($500) per day for each violation, except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event shall a civil penalty assessment exceed one thousand dollars ($1,000) per day.
(2)  A licensee that is cited for repeating the same violation within 24 months of the first violation is subject to an immediate civil penalty of five hundred dollars ($500) and seven hundred fifty dollars ($750) for each day the violation continues until the deficiency is corrected.
(3)  A licensee that has been assessed a civil penalty pursuant to paragraph (2) that repeats the same violation within 24 months of the violation subject to paragraph (2) is subject to an immediate civil penalty of five hundred dollars ($500) and one thousand dollars ($1,000) for each day the violation continues until the deficiency is corrected.
(b)  Prior to the assessment of any civil penalty, the department shall provide the licensee with notice requiring the licensee to correct the deficiency within the period of time specified in the notice.
(Amended by Stats. 2018, Ch. 775, Sec. 6. (AB 3162) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.5 - Licensing › ARTICLE 4 - Suspension and Revocation › Section 11834.35.

11834.35. Any employee or agent of the department upon presentation of proper identification, may enter and inspect any building, premises, and records, at a reasonable time, with or without notice, to secure information regarding compliance with, or to prevent a violation of, this chapter or any regulation adopted pursuant to this chapter. Failure of the owner or operator of the building or premises to allow the employee or agent of the department to enter and inspect the building, premises, and records, shall result in the department taking legal action to gain entry by an inspection warrant issued pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure. The cost of any legal action required to gain entry to a licensed facility shall be borne by the owner or operator responsible for preventing the department from entering and inspecting the building, premises, and records.
(Added by Stats. 1993, Ch. 741, Sec. 19. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.5 - Licensing › ARTICLE 4 - Suspension and Revocation › Section 11834.37.

11834.37. (a)  Proceedings for the suspension, revocation, or denial of a license under this chapter shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In the event of conflict between this chapter and the Government Code, the Government Code shall prevail.
(b)  In all proceedings conducted in accordance with this section, the standard of proof to be applied shall be by the preponderance of the evidence.
(c)  The department shall commence and process licensure revocations under this chapter in a timely and expeditious manner. The Office of Administrative Hearings shall give priority calendar preference to licensure revocation hearings pursuant to this chapter, particularly revocations where the health and safety of the residents are in question.
(Amended by Stats. 1995, Ch. 938, Sec. 64.8. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)