Chapter 7.1 - Certification of Alcohol and Other Drug Programs

California Health and Safety Code — §§ 11832-11832.25

Sections (16)

Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.

(a)The department has the sole authority in state government to certify alcohol or other drug programs.

(b)In administering this chapter, the department shall issue certifications for a period of two years to those alcohol or other drug programs that meet the requirements set forth in this chapter.

§ 11832.1

Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.

The department shall charge a fee for the certification of alcohol or other drug programs, in accordance with Chapter 7.3 (commencing with Section 11833.01).

§ 11832.2

Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.

(a)As used in this chapter, “alcohol or other drug program” or “program” means a business entity with a physical location in the State of California that provides one or more of the following services to clients:

(1)Treatment services.

(2)Recovery services.

(3)Detoxification services.

(4)Medications for addiction treatment.

(b)An individual health care practitioner duly licensed and regulated under Division 2 (commencing with Section 500) of the Business and Professions Code,

acting within the scope of their license or certificate is not a program as described in subdivision (a).

§ 11832.10

Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.

(a)The department shall have the sole authority in state government to establish the minimum qualifications of an alcohol or other drug program administrator and staff who provide any of the services identified in Section 11832.2.

(b)Nothing in this section shall be construed to apply to credentialing or licensing of individuals or to certification qualifications established pursuant to Chapter 7.2 (commencing with Section 11833).

§ 11832.11

Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.

(a)A program shall submit, in a form and manner determined by the department, a report to the department of any of the following events:

(1)Death of any person that occurs at the program.

(2)Injury of any client at the program that requires emergency medical treatment.

(3)Cases of communicable disease reportable under Sections 2500 and 2502 of Title 17 of the California Code of Regulations.

(4)Catastrophes such as flooding, tornado, earthquake, or any other natural disaster.

(5)Fires or explosions that occur in or on the premises.

(b)A program shall notify the department, in a timely manner, of any of the following:

(1)Change to the program’s organizational structure.

(2)Change in the program’s mailing address, facility telephone number, or email address.

(3)Change to the operational days and hours of the program, including any planned temporary pause in operations.

§ 11832.12

Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.

(a)The department shall conduct onsite visits for compliance at least once during each certification period.

(b)The department may conduct announced or unannounced site visits at any time to any alcohol or other drug program certified pursuant to this chapter to determine compliance with applicable statutes and regulations.

§ 11832.13

Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.

(a)The department may enter and inspect any building, or portion thereof, that contains an alcohol or other drug program and its 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.

(b)Failure of an alcohol or other drug program to allow the department to enter and inspect the building 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 alcohol or other drug program shall pay for all costs associated with legal action required to gain

entry.

§ 11832.17

Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.

A certification shall terminate by operation of law, prior to its expiration date, when any of the following conditions occur:

(a)The program is sold or otherwise transferred.

(b)The program surrenders its certification to the department.

(c)The program relocates from the address identified on the certification to a different location.

(d)The certified alcohol or other drug program is operated by a sole proprietor and the sole proprietor dies.

(e)The program abandons the certification or otherwise

ceases operation.

§ 11832.18

Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.

(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).

§ 11832.19

Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.

(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.

§ 11832.20

Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.

(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.

§ 11832.21

Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.

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.

§ 11832.22

Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.

(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.

§ 11832.23

Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.

(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.

§ 11832.24

Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.

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.

§ 11832.25

Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.

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.