CHAPTER 7.5. Licensing

Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2.

§§ 11834.01–11834.50 · 34 sections

1. ARTICLE 1. General Provisions §§ 11834.01–11834.18 · 12 sections

   • § 11834.01 The department has the sole authority in state government to license adult alcohol or other drug recovery or treatment facilities. (a) In administering this…
   • § 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…
   • § 11834.02 (a) As used in this chapter, “alcohol or other drug recovery or treatment facility” or “facility” means a premises, place, or building that provides…
   • § 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,…
   • § 11834.026 (a) As used in this section, “incidental medical services” means services that are in compliance with the community standard of practice and are not required…
   • § 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…
   • § 11834.09 (a) (1) The department may issue a single license to operate an alcohol or other drug recovery or treatment facility upon receipt of a completed written…
   • § 11834.10 (a) A licensee shall not operate an alcohol or other drug recovery or treatment facility beyond the conditions and limitations specified on the license. (b)…
   • § 11834.15 The department may assess civil penalties in accordance with Sections 11834.31 and 11834.34.
   • § 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…
   • § 11834.17 A city, county, city and county, or district shall not adopt or enforce a building ordinance or local rule or regulations relating to the subject of fire and…
   • § 11834.18 (a) This chapter does not authorize the imposition of rent regulations or controls for licensed alcohol or other drug recovery or treatment facilities. (b)…
2. ARTICLE 2. Local Regulation §§ 11834.20–11834.25 · 6 sections

   • § 11834.20 (a) 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…
   • § 11834.21 (a) Any person licensed under this chapter who operates or proposes to operate an alcohol or other drug recovery or treatment facility, the department or other…
   • § 11834.22 An alcohol or other drug recovery or treatment facility which serves six or fewer persons shall not be subject to any business taxes, local registration fees,…
   • § 11834.23 (a) Whether or not unrelated persons are living together, an alcohol or other drug recovery or treatment facility that serves six or fewer persons shall be…
   • § 11834.24 A fire inspection clearance or other permit, license, clearance, or similar authorization shall not be denied to an alcohol or other drug recovery or treatment…
   • § 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 alcohol or other drug recovery…
3. ARTICLE 2.5. Requirements for Licensees §§ 11834.26–11834.28 · 3 sections

   • § 11834.26 (a) The licensee shall provide one of the following combinations of nonmedical services: (1) Recovery and treatment services. (2) Recovery, treatment, and…
   • § 11834.27 (a) The department shall have the sole authority in state government to establish the appropriate minimum qualifications of the licensee or designated…
   • § 11834.28 (a) No sooner than July 1, 2022, an alcohol or other drug recovery or treatment facility shall either offer medications for addiction treatment (MAT) directly…
4. ARTICLE 3. Offenses §§ 11834.30–11834.34 · 5 sections

   • § 11834.30 A person, firm, partnership, association, corporation, or local governmental entity shall not operate, establish, manage, conduct, or maintain an alcohol or…
   • § 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…
   • § 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.…
   • § 11834.33 When the department receives a complaint against an alcohol or other drug recovery or treatment facility licensed pursuant to this chapter, or against a…
   • § 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…
5. ARTICLE 4. Suspension and Revocation §§ 11834.35–11834.45 · 7 sections

   • § 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…
   • § 11834.36 (a) The director may suspend or revoke any license issued under this chapter, as well as any other licenses issued under this chapter to operate an adult…
   • § 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…
   • § 11834.38 Any license suspended pursuant to this chapter may be reinstated pursuant to Section 11522 of the Government Code.
   • § 11834.39 (a) The withdrawal of an application for a license after it has been filed with the department shall not, unless the department consents in writing to the…
   • § 11834.40 A license shall terminate by operation of law, prior to its expiration date, when any of the following conditions occur: (a) The licensee sells or otherwise…
   • § 11834.45 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…
6. ARTICLE 5. Regulations § 11834.50 · 1 section

   • § 11834.50 The department shall adopt regulations to implement this chapter in accordance with the purposes required by Section 11835. These regulations shall be adopted…