Alcohol and drug programs: licensing.
AB 492
California Bills
20250AB__049297CHP INTRODUCED 2025-02-10 PASSED_ASSEMBLY 2025-05-05 PASSED_SENATE 2025-09-02 ENROLLED 2025-09-04 CHAPTERED 2025-10-06 APPROVED 2025-10-06 FILED 2025-10-06 2025 AB CHP CHP 0 Introduced by Assembly Member Valencia (Principal coauthor: Senator Umberg) (Coauthors: Assembly Members Davies, Dixon, Petrie-Norris, and Sanchez) LEAD_AUTHOR ASSEMBLY Valencia PRINCIPAL_COAUTHOR SENATE Umberg COAUTHOR ASSEMBLY Davies COAUTHOR ASSEMBLY Dixon COAUTHOR ASSEMBLY Petrie-Norris COAUTHOR ASSEMBLY Sanchez
An act to amend
Section 11834.09 of the Health and Safety Code, relating to public health. public health Alcohol and drug programs: licensing. Under existing law, the State Department of Health Care Services is responsible for administering prevention, treatment, and recovery services for alcohol and drug abuse and problem gambling. Existing law authorizes the department to issue a license to operate an alcohol or other drug recovery or treatment facility upon receipt of a completed written application, fire clearance, and licensing fee, as specified.
This bill would require the department, whenever it issues a license to operate an alcohol or other drug recovery or treatment facility, to concurrently provide written notification of the issuance of the license to the city or county in which the facility is located. The bill would require the notice to include the name and mailing address of the licensee and the location of the facility. MAJORITY NO YES NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:
SECTION
Section 11834.09 of the Health and Safety Code is amended to read: 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 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.
(2) Whenever the department issues a license pursuant to paragraph (1), the department shall concurrently provide written notification of the issuance of the license to the city in which the facility is located. If the facility is located within an unincorporated area, the notice shall instead be provided to the county. The notice shall include the name and mailing address of the licensee and the location of the facility. (
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 of Division of Title 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.