CHAPTER 7.1. Certification of Alcohol and Other Drug Programs [11832. - 11832.25.]

Cal. Health and Safety Code - HSC 7.1.
in effect

Cal. Health and Safety Code - HSC § 11832. Section 11832.

(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.

Cal. Health and Safety Code - HSC § 11832.2. Section 11832.2.

(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).

Cal. Health and Safety Code - HSC § 11832.3. Section 11832.3.

(a) Except as provided in subdivision (b), any alcohol or other drug program shall be certified by the department in accordance with this chapter. (b) Any alcohol or other drug program operating in the following settings are exempt from certification under this chapter: (1) Adult alcoholism or drug abuse recovery or treatment facilities, driving-under-the-influence programs, and narcotic treatment programs licensed by the department. (2) Clinics licensed by the State Department of Public Health in accordance with Chapter 1 (commencing with Section 1200) of Division 2. (3) Health facilities licensed by the State Department of Public Health in accordance with Chapter 2 (commencing with Section 1250) of Division 2. (4) Community care facilities licensed by the State Department of Social Services in accordance with Chapter 3 (commencing with Section 1500) of Division 2. (5) Residential care facilities for persons with chronic, life-threatening illness licensed by the State Department of Social Services in accordance with Chapter 3.01 (commencing with Section 1568.01) of Division 2. (6) Residential care facilities for the elderly licensed by the State Department of Social Services in accordance with Chapter 3.2 (commencing with Section 1569) of Division 2. (7) Adult day health care centers licensed by the State Department of Social Services in accordance with Chapter 3.3 (commencing with Section 1570) of Division 2. (8) Public elementary and secondary schools as defined in the Education Code. (9) County jails and state correctional institutions, including juvenile justice facilities.

Cal. Health and Safety Code - HSC § 11832.4. Section 11832.4.

A person or entity applying for a certification pursuant to this chapter shall submit all of the following to the department: (a) A complete written application. (b) A certification fee, as established in accordance with Chapter 7.3 (commencing Section 11833.01). (c) An initial application fee. (d) Any other documentation specified by the department.

Cal. Health and Safety Code - HSC § 11832.5. Section 11832.5.

(a) The department may issue a certification to an alcohol or other drug program upon all of the following: (1) Submission of a complete application, fees, and documentation in accordance with Section 11832.4. (2) Completion of an onsite review. (3) Determination that the applicant can comply with this chapter and any regulations adopted pursuant to this chapter. (b) The department shall terminate review of an application for either of the following reasons: (1) Failure to comply with Section 11832.4. (2) Prior revocation of an applicant’s certification issued by the department, or an adult alcoholism or drug abuse recovery or treatment facility license, within five years from the date of the application submission. (c) Termination of review shall require submission of a new application. (d) The department may deny the issuance of a certification for any of the following reasons: (1) Failure of the applicant to demonstrate the ability to comply with this chapter or the regulations adopted pursuant to this chapter. (2) Failure of the applicant to remedy any deficiency identified pursuant to this chapter or the regulations adopted pursuant to this chapter. (3) Failure of the applicant to comply with this division or with Division 4 (commencing with Section 9000) of Title 9 of the California Code of Regulations.

Cal. Health and Safety Code - HSC § 11832.6. Section 11832.6.

(a) A certification shall be valid for a period of two years from the date of issuance. (b) The department may renew a certification for subsequent two-year periods if, prior to the expiration date on the certification, an alcohol or other drug program submits a completed written application for renewal, pays the required fees, and remains in compliance with this chapter and any regulations adopted pursuant to this chapter, as determined by the department. (c) Failure to submit to the department the required written application for renewal, or failure to submit to the department the required fees prior to the expiration date on the certification, shall result in the automatic expiration of the certification at the end of the two-year period.

Cal. Health and Safety Code - HSC § 11832.7. Section 11832.7.

Except as provided in subdivision (b) of Section 11832.3, no person, firm, partnership, association, or local government entity shall establish, operate, manage, conduct, or maintain an alcohol or other drug program within this state without first obtaining a certification pursuant to this chapter.

Cal. Health and Safety Code - HSC § 11832.8. Section 11832.8.

(a) An alcohol or other drug program shall adopt policies and procedures that are consistent with this chapter and any regulations adopted pursuant to this chapter. (b) All policies and procedures shall be kept in an operation manual and address and include, at a minimum, all of the following: (1) Admission and discharge. (2) Client rights. (3) Services. (4) Medications. (5) Staff and client code of conduct.

Cal. Health and Safety Code - HSC § 11832.9. Section 11832.9.

(a) Alcohol and other drug programs that are certified in accordance with this chapter 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 an MAT provider and transportation to appointments for MAT. Providing contact information for an MAT provider does not meet the requirement of an effective referral. (c) Certified alcohol and other drug programs shall implement and maintain an 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.

Cal. Health and Safety Code - HSC § 11832.10. Section 11832.10.

(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).

Cal. Health and Safety Code - HSC § 11832.11. Section 11832.11.

(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.

Cal. Health and Safety Code - HSC § 11832.12. Section 11832.12.

(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.

Cal. Health and Safety Code - HSC § 11832.13. Section 11832.13.

(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.

Cal. Health and Safety Code - HSC § 11832.14. Section 11832.14.

(a) The director may suspend or revoke any certification issued under this chapter, as well as any other certification issued under this chapter held by the same person or entity, or deny an application for certification, renewal of a certification, or modification of a certification, upon any of the following grounds and in the manner provided in this chapter: (1) Violation by the program of any provision of this chapter or regulations adopted pursuant to this chapter. (2) Repeated violation by the program of any of the provisions of this chapter or regulations adopted pursuant to this chapter. (3) Aiding, abetting, or permitting the violation of, or any repeated violation of, any of the provisions described in paragraph (1) or (2). (4) Conduct in the operation of a program that is inimical to the health, morals, welfare, or safety of an individual receiving services from the program or to the people of the State of California. (5) Misrepresentation of any material fact in obtaining certification, including, but not limited to, providing false information or documentation to the department. (6) Refusal to allow the department entry into the building to determine compliance with the requirements of this chapter or regulations adopted pursuant to this chapter. (7) Failure to pay any civil penalties assessed by the department. (b) The director may temporarily suspend any certification, as well as any other alcohol or other drug program certification issued under this chapter held by the same person or entity, prior to any hearing when, in the opinion of the director, the action is necessary to protect individuals who receive services from any substantial threat to health or safety. The director shall notify the program of the temporary suspension and the effective date of the temporary suspension and at the same time shall serve the program with an accusation. Upon receipt of a notice of defense to the accusation by the program, the director shall, within 15 days, set the matter for hearing, and the hearing shall be held as soon as possible. The temporary suspension shall remain in effect until the time the hearing is completed and the director has made a final determination on the merits. However, the temporary suspension shall be deemed vacated if the director fails to make a final determination on the merits within 30 days after the department receives the proposed decision from the Office of Administrative Hearings. (c) The department may terminate review of an application for a certification under this chapter from any person or entity that previously had a certification issued under this chapter suspended or revoked for a period of five years from the date of the final decision and order.

Cal. Health and Safety Code - HSC § 11832.15. Section 11832.15.

(a) Proceedings for the suspension, revocation, or denial of a certification under this chapter shall be conducted in accordance with 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 certification revocations under this chapter in a timely and expeditious manner.

Cal. Health and Safety Code - HSC § 11832.16. Section 11832.16.

(a) The withdrawal of an application for a certification after it has been filed with the department shall not, unless the department consents in writing to the withdrawal, deprive the department of its authority to institute or continue a proceeding against the applicant for the denial of the certification upon any ground provided by law or to enter an order denying the certification upon any of these grounds. (b) The suspension, expiration, or forfeiture by operation of law of a certification issued by the department, or its suspension, forfeiture, or cancellation by order of the department or by order of a court of law, or its surrender without the written consent of the department, shall not deprive the department of its authority to institute or continue a disciplinary proceeding against the program upon any ground provided by law or to enter an order suspending or revoking the certification or otherwise taking disciplinary action against the program on any ground provided by law.

Cal. Health and Safety Code - HSC § 11832.17. Section 11832.17.

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.

Cal. Health and Safety Code - HSC § 11832.18. Section 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).

Cal. Health and Safety Code - HSC § 11832.19. Section 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.

Cal. Health and Safety Code - HSC § 11832.20. Section 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.

Cal. Health and Safety Code - HSC § 11832.21. Section 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.

Cal. Health and Safety Code - HSC § 11832.22. Section 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.

Cal. Health and Safety Code - HSC § 11832.23. Section 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.

Cal. Health and Safety Code - HSC § 11832.24. Section 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.

Cal. Health and Safety Code - HSC § 11832.25. Section 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.
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026

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