Bill Text: CA AB1696 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Sober Living Accountability Act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2023-09-11 - Consideration of Governor's veto stricken from file. [AB1696 Detail]

Download: California-2023-AB1696-Amended.html

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Amended  IN  Assembly  March 22, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1696

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Introduced by Assembly Member Sanchez

February 17, 2023

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An act to add Section 11831.66 to the Health and Safety Code, relating to recovery residences.

LEGISLATIVE COUNSEL'S DIGEST

AB 1696, as amended, Sanchez. Sober Living Accountability Act.

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 also requires the department to implement a voluntary certification procedure for alcohol and other drug treatment recovery services. Existing law also defines a “recovery residence” 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 pursuant to those provisions or does not provide licensable services.

This bill would require a treatment provider, as defined, that is operated, funded, or licensed by the state to only provide referrals to certified recovery residences, which the bill would define to mean a recovery residence that has been certified by a nonprofit entity approved by the department to certify those residences.

This bill would require any government entity, as defined, that enters into a contract with a privately owned recovery residence to require that recovery residence to submit specified documents, including, among other things, written permission from the property owner to operate on the property, as specified, and the policies and procedures used by the recovery resident to address a resident’s right to access prescription and nonprescription drugs. The bill would apply these requirements to any contracts entered into, renewed, or amended on or after January 1, 2024.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 11831.66 is added to the Health and Safety Code, to read:

11831.66.

 (a) Any government entity that enters into a contract with a privately owned recovery residence for the provision of recovery services shall require the contracting recovery residence to submit all of the following:

(1) Written permission from the property owner of record to operate the recovery residence on the property, unless the property owner is the recovery residence.

(2) Documentation that the recovery residence uses a code of ethics that is aligned with the National Alliance for Recovery Residences or a similar code of ethics approved by the department.

(3) The written policies and procedures used by the recovery residence to address a resident’s right to access prescription and nonprescription medication, including medication-assisted treatment consistent with state law.

(4) Documentation of both the availability and the ability to properly dispense naloxone at the recovery residence by a trained and knowledgeable individual.

(b) For purposes of this section, the following definitions shall apply:

(1) “Government entity” means the state, a county, or a city.

(2) “Recovery residence” has the same meaning as in Section 11833.05.

(c) This section shall apply to contracts entered into, renewed, or amended on or after January 1, 2024.

SECTION 1.Section 11831.66 is added to the Health and Safety Code, to read:

11831.66.

(a) This section shall be known, and may be cited, as the Sober Living Accountability Act.

(b)(1)A treatment provider that is operated, funded, or licensed by the state shall only provide referrals to certified recovery residences.

(2) The following definitions apply for purposes of this section:

(A)“Certified recovery residence” means a recovery residence, as defined in subdivision (f) of Section 11833.05, that is certified by a nonprofit entity approved by the department to certify recovery residences.

(B)“Treatment provider” means a licensed treatment facility or a certified treatment program.