Legal

California State Laws and Regulations

California Frequently Asked Questions

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The information provided in this FAQ is intended to provide general information only and does not constitute legal counsel or advice. Members are encouraged to seek their own independent legal counsel to establish compliant policies, procedures, and programs.

 

Downloadable Resources:

 

You MUST be logged in as an NBHAP member in order to access these downloadable forms.

 

  • Employee Confidentiality Agreement
  • Employee Orientation Checklist
  • Client Records Checklist
  • Quality Assurance
  • Initial Training Requirements
Overview

A list of overall rules and regulations for California. Click on the appropriate question to expand for more information.

What is the difference between medical and non-medical social model treatment programs?
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What is the difference between medical and non-medical detoxification programs?
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Which addiction treatment facilities are required to be licensed?
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What kind of treatment options are available for clients with addiction problems?
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What does it mean to be "licensed", "certified" or "accredited" in this industry?
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Non-Medical Rehabilitation Facilities (Inpatient and Outpatient) Services

Questions specific to non-medical rehabilitation facilities in California. Click on the appropriate question to expand for more information.

What kind of services can we offer within our program?
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What services are prohibited?
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Licensing

A list of rules and regulations for California with regards to licensing. Click on the appropriate question to expand for more information.

What information must be provided in an initial application for licensure?
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How long does a licensing application usually take and when does it need to be renewed?
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How should a residential facility prepare for an on-site audit for licensure determination?
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Certification

A list of rules and regulations for California with regards to certification. Click on the appropriate question to expand for more information.

Does our facility have to be certified?
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What are the practical benefits of certifying a facility?
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How does a facility apply for certification/what information should be included?
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How long does the Department of Health Care Services take to review my application?
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What should a facility do in preparation for the on-site compliance review?
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What happens if the inspector finds compliance deficiencies when conducting an on-site review?
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How often must certification be renewed?
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Under what circumstances can the Department of Health Care Services conduct an unannounced on-site inspection?
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Under what circumstances will a certification be terminated prior to its expiration date?
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Under what circumstances will the Department of Health Care Services deny, suspend, or revoke certification?
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What if a program relocated to another facility?
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Zoning and Land Use

A list of rules and regulations for California with regards to zoning and land use. Click on the appropriate question to expand for more information.

What are the protections afforded to facilities used for drug rehabilitation?
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Are there any proximity restrictions regulating how close treatment centers may be to each other? Can I open a residential treatment center right next to one that is already there?
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Admissions

A list of rules and regulations for California with regards to admissions. Click on the appropriate question to expand for more information.

How can a facility decide if a client is suitable for the services it offers?
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What kind of health clearances are needed prior to admitting a client?
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How can a facility decide what level of detoxification would be appropriate for a potential client?
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What client information should be collected in during intake?
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What is required for the admissions agreement?
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Care, Treatment, and Services

A list of rules and regulations for California with regards to care, treatment, and services. Click on the appropriate question to expand for more information.

What information must be collected about a client in developing a treatment plan?
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How much contact should program staff have with the client once admitted?
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How should residential facilities manage clients' medication?
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What are the grounds to dismiss a client from our program?
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If a facility discharges a client who has relapsed and that client proceeds to overdose in the following days, is the facility at risk and, if so, how can it protect itself?
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How must clients' privacy be protected?
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May addiction treatment centers have medical directors?
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Are there limitations on hiring or contracting with physicians to provide medical care to treatment facility clients?
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What licensing or certification requirements are there for addiction treatment staff at a residential facility?
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Payment and Marketing

A list of rules and regulations for California with regards to payment and marketing. Click on the appropriate question to expand for more information.

How should facilities respond to clients in need of treatment who are unable to pay the required deductibles and co-insurance?
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What are the key issues insurers raise to demand recoupment of fees from substance abuse treatment programs?
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What marketing practices are prohibited?
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What are the limits of gift giving to potential referral sources?
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What kind of benefits can be offered to new or existing clients?
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Sober Living Environments

A list of rules and regulations for California with regards to sober living environments. Click on the appropriate question to expand for more information.

What is a sober living home?
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Does a sober living home need a license?
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Are there any consequences to being 'unlicensed'?
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What kinds of services can be offered by a sober living home?
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How can we demonstrate to our clients that we are offering a high-quality living environment?
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Does a sober living home have to obtain accreditation in order to operate?
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How does a sober living home apply for accreditation or registration?
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What should a sober living home do in preparation for an on-site accreditation or registration review?
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How often must I renew accreditation or registration?
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What are the legal protections for sober living homes?
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Can local governments put special restrictions on sober living homes?
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What other aspects should be considered before choosing a location for a sober living home?
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What are the obligations to residents?
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What kind of agreement should a resident be asked to sign?
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Can a sober living home insist on drug tests and searches?
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Can a sober living home bill insurance for required and/or random drug testing?
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Can residents' obligations be made contractually enforceable?
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What kind of ownership and staffing structures are common with sober living homes?
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Are there any organizations which could help?
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Reminder:

The information provided in this FAQ is intended to provide general information only and does not constitute legal counsel or advice. Members are encouraged to seek their own independent legal counsel to establish compliant policies, procedures, and programs.

Members must log in to see the full answer and download the forms.

Members log in to see the answer. Members Login | Join Today

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