Cal. Health & Safety Code § 11831.5
Quality Assurance
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2025
As of January 1, 2011
(a) Certification shall be granted by the department pursuant to this section to any qualified alcoholism or drug abuse recovery or treatment program, regardless of the source of the program’s funding, upon approval of a completed application and payment of the required fee. The certification shall be valid for a period of not more than two years. The department may extend the certification period upon receipt of an application for renewal and payment of the required certification fee prior to the expiration date of the certification.
(b) The purposes of certification under this section shall be all of the following:
(1) To identify programs that exceed minimal levels of service quality, are in substantial compliance with the department’s standards, and merit the confidence of the public, third-party payers, and county alcohol and drug programs.
(2) To encourage programs to meet their stated goals and objectives.
(3) To encourage programs to strive for increased quality of service through recognition by the state and by peer programs in the alcoholism and drug field.
(4) To assist programs to identify their needs for technical assistance, training, and program improvements.
(c) Certification may be granted under this section on the basis of evidence satisfactory to the department that the requesting alcoholism or drug abuse recovery or treatment program has an accreditation by a statewide or national alcohol or drug program accrediting body. The accrediting body shall provide accreditation that meets or exceeds the department’s standards and is recognized by the department.
(d) Certification, or the lack thereof, shall not convey any approval or disapproval by the department, but shall be for information purposes only.
(e) The standards developed pursuant to Section 11830 and the certification under this section shall satisfy the requirements of Section 1463.16 of the Penal Code.
(f) The department and the State Department of Social Services shall enter into a memorandum of understanding to establish a process by which the Department of Alcohol and Drug Programs can certify residential facilities or programs serving primarily adolescents, as defined in paragraph (1) of subdivision (a) of Section 1502, that have programs that primarily serve adolescents and provide alcohol and other drug recovery or treatment services.
(g) Regulations adopted by the department pursuant to this section shall be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, including subdivision (e) of Section 11346.1 of the Government Code, any emergency regulations adopted pursuant to this section shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until revised by the department. Nothing in this subdivision shall be interpreted to prohibit the department from adopting subsequent amendments on a nonemergency basis or as emergency regulations in accordance with the standards set forth in Section 11346.1 of the Government Code.
(a) An operator of a licensed alcoholism or drug abuse recovery or treatment facility, as defined in Section 11834.02, or a certified alcohol or other drug program shall include on its internet website and intake form paperwork a disclosure that an individual may check the internet website of the State Department of Health Care Services to confirm whether the facility’s license or program’s certification has been placed in probationary status, been subject to a temporary suspension order, been revoked, or the operator has been given a notice of operation in violation of law. The disclosure shall include a link to the department’s internet website that contains the Probationary Status, Temporary Suspension Order, Revoked and Notice of Operation in Violation of Law Program List. The department shall indicate on its internet website containing this list, in a location and font that is easy to see and read, that notices issued to recovery residences, as defined in Section 11833.05, for a violation of Section 11834.30, are not included in this list.
(b) A violation of subdivision (a) shall be subject to penalty by the department pursuant to Section 11831.7.
(c) The department shall post on its internet website, in a location easily navigable from a link on its main homepage that is prominently located and clearly and conspicuously labeled, an identification and summary of each violation the department has issued for the facilities and programs included on the list described in subdivision (a). A summary of each violation shall include all of the following:
(1) Name of the entity or person to whom the department issued the violation.
(2) A citation to the relevant statute, regulation, or standard.
(3) A summary of the department’s decision to issue the violation.
(4) Date the department issued the violation.
(5) Any other information the department determines is necessary for the public to recognize the entity or person who received the violation and understand the basis for the violation.
(d) The department shall implement this section to protect the public it serves by providing sufficient information regarding those who violate the state laws it administers. The department shall not implement this section by posting information on its internet website that violates privacy rights and protections provided by state or federal law.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.