Welcome to the California Department of Alcohol and Drug Programs
California Code of Regulations
Title 9. Rehabilitation and Developmental Services
Division 4. Department of Alcohol and Drug Programs
Chapter 5. Licensure of Residential Alcoholism or Drug Abuse Recovery
Subchapter 2. Licensing Process
Article 2. Requirement for Licensure


§10505. Requirement for Licensure.

(a) Except for facilities operated by a State agency, no person, firm, partnership, association, corporation, county, city, public agency or other governmental entity shall operate, establish, manage, conduct, or maintain a facility which provides 24-hour nonmedical, residential, alcoholism or drug abuse recovery or treatment services to adults without first obtaining a current, valid license from the Department.
(b) Except for facilities operated by a State agency, no person, firm, partnership, association, corporation, county, city, public agency or other governmental entity shall hold out, advertise, or represent by any means that it is operating, establishing, managing, conducting, or maintaining a facility which provides 24-hour nonmedical, residential, alcoholism or drug abuse recovery or treatment services to adults without first obtaining a current, valid license from the Department.
(c) As used in this regulation, "operated by a State agency" shall not include agencies which provide services through a contractual arrangement with a State agency.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.01 and 11834.30, Health and Safety Code.

HISTORY
1. New section filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).

2. Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an emergency; operative 2-1-86 (Register 86, No. 4).

3. Repealed by operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency; operative 6-1-86 (Register 86, No. 22).

4. Repealed by operation of law 9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. (Register 86, No. 39). A Certificate of Compliance must be transmitted to OAL no later than 1-27-87 or section will be repealed by operation of law (Government Code section 11346.1(g)).

5. Readoption of section filed 1-26-87 as an emergency; operative 1-27-87 (Register 87, No. 5). A Certificate of Compliance must be transmitted to OAL no later than 5-26-87 or section will be repealed by operation of law (Government Code section 11346.1(g)).

6. Readoption of section filed 5-26-87 as an emergency; operative 5-26-87 (Register 87, No. 22). A Certificate of Compliance must be transmitted to OAL no later than 9-23-87 or section will be repealed by operation of law(Government Code section 11346.1(g)).

7. Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

8. Amendment filed 12-27-89 as an emergency; operative 1-1-90 (Register 90, No. 1). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 5-1-90.

9. Amendment refiled 4-30-90 as an emergency; operative 4-30-90 (Register 90, No. 22). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 8-28-90.

10. Certificate of Compliance as to 4-30-90 order including amendment of NOTE transmitted to OAL 8-27-90 and filed 9-26-90 (Register 90, No. 44).

11. Amendment of section heading, text and Note filed 4-18-94; operative 5-18-94 (Register 94, No. 16).

12. Change without regulatory effect adopting new article 2 heading filed 11-17-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 46).




§10506. Operating Without a License.

NOTE
Authority cited: Section 11834.13, Health and Safety Code. Reference: Sections 11834.10, 11834.12 and 11834.19, Health and Safety Code.

HISTORY
1. New section filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).

2. Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an emergency; operative 2-1-86 (Register 86, No. 4).

3. Repealed by operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency; operative 6-1-86 (Register 86, No. 22).

4. Repealed by operation of law 9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86 (Register 86, No. 39). A Certificate of Compliance must be transmitted to OAL no later than 1-27-87 or section will be repealed by operation of law (Government Code section 11346.1(g)).

5. Readoption of section filed 1-26-87 as an emergency; operative 1-27-87 (Register 87, No. 5). A Certificate of Compliance must be transmitted to OAL no later than 5-26-87 or section will be repealed by operation of law (Government Code section 11346.1(g)).

6. Readoption of section filed 5-26-87 as an emergency; operative 5-26-87 (Register 87, No. 22). A Certificate of Compliance must be transmitted to OAL no later than 9-23-87 or section will be repealed by operation of law (Government Code section 11346.1(g)).

7. Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

8. Amendment of subsection (a) filed 12-27-89 as an emergency; operative 1-1-90 (Register 90, No. 1). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 5-1-90.

9. Amendment of subsection (a) refiled 4-30-90 as an emergency; operative 4-30-90 (Register 90, No. 22). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 8-28-90.

10. Certificate of Compliance as to 4-30-90 order including amendment of Note transmitted to OAL 8-27-90 and filed 9-26-90 (Register 90, No. 44).

11. Repealer filed 4-18-94; operative 5-18-94 (Register 94, No. 16).




§10507. Exemption from Licensure.

NOTE
Authority cited: Section 11834.13, Health and Safety Code. Reference: Sections 11834.10 and 11834.19, Health and Safety Code.

HISTORY
1. New section filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).

2. Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an emergency; operative 2-1-86 (Register 86, No. 4).

3. Repealed by operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency; operative 6-1-86 (Register 86, No. 22).

4. Repealed by operation of law 9-29-86. Readoption of section filed 9-26-86as an emergency; operative 9-29-86 (Register 86, No. 39). A Certificate of Compliance must be transmitted to OAL no later than 1-27-87 or section will be repealed by operation of law (Government Code section 11346.1(g)).

5. Readoption of section filed 1-26-87 as an emergency; operative 1-27-87 (Register 87, No. 5). A Certificate of Compliance must be transmitted to OAL no later than 5-26-87 or section will be repealed by operation of law (Government Code section 11346.1(g)).

6. Readoption of section filed 5-26-87 as an emergency; operative 5-26-87 (Register 87, No. 22). A Certificate of Compliance must be transmitted to OAL no later than 9-23-87 or section will be repealed by operation of law (Government Code section 11346.1(g)).

7. Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

8. Amendment of initial paragraph and subsections (h) and (j) filed 12-27-89 as an emergency; operative 1-1-90 (Register 90, No. 1). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operative of law on 5-1-90.

9. Amendment of initial paragraph and subsections (h) and (j) refiled 4-30-90 as an emergency; operative 4-30-90 (Register 90, No. 22). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 8-28-90.

10. Certificate of Compliance as to 4-30-90 order including amendment of Note transmitted to OAL 8-27-90 and filed 9-26-90 (Register 90, No. 44).

11. Repealer filed 4-18-94; operative 5-18-94 (Register 94, No. 16).




§10508. Licensure of Integral Facilities.

(a) The licensee may provide housing and alcoholism or drug abuse recovery or treatment services in the same building or the licensee may house residents in one building and provide services in another building, provided that all of the buildings are:
(1) Integral components of the same facility.
(2) Under the control and management of the same licensee, and
(3) Licensed as a single facility.
(b) Multiple facility programs which do not meet the criteria of Subsection (a) of this regulation shall secure independent licenses for each separate facility in accordance with the requirements of this chapter.

NOTE
Authority cited: Section 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.02 and 11834.30, Health and Safety Code.

HISTORY
1. New section filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).

2. Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an emergency; operative 2-1-86 (Register 86, No. 4).

3. Repealed by operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency; operative 6-1-86 (Register 86, No. 22).

4. Repealed by operation of law 9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86 (Register 86, No. 39). A Certificate of Compliance must be transmitted to OAL no later than 1-27-87 or section will be repealed by operation of law (Government Code section 11346.1(g)).

5. Readoption of section filed 1-26-87 as an emergency; operative 1-27-87 (Register 87, No. 5). A Certificate of Compliance must be transmitted to OAL no later than 5-26-87 or section will be repealed by operation of law (Government Code section 11346.1(g)).

6. Readoption of section filed 5-26-87 as an emergency; operative 5-26-87 (Register 87, No. 22). A Certificate of Compliance must be transmitted to OAL no later than 9-23-87 or section will be repealed by operation of law (Government Code section 11346.1(g)).

7. Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

8. Amendment of subsection (a)(3) filed 12-27-89 as an emergency; operative 1- 1-90 (Register 90, No. 1). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 5-1-90.

9. Amendment of subsection (a)(3) refiled 4-30-90 as an emergency; operative 4- 30-90 (Register 90, No. 22). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 8-28-90.

10. Certificate of Compliance as to 4-30-90 order including amendment of NOTE transmitted to OAL 8-27-90 and filed 9-26-90 (Register 90, No. 44).

11. Amendment of section heading, text and Note filed 4-18-94; operative 5-18- 94 (Register 94, No. 16).

12. Change without regulatory effect amending Note filed 6-15-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 25).




§10509. Limitations on Capacity.

NOTE
Authority cited: Section 11834.13, Health and Safety Code. Reference: Sections 11834.12 and 11834.14(b), Health and Safety Code.

HISTORY
1. New section filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).

2. Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an emergency; operative 2-1-86 (Register 86, No. 4).

3. Repealed by operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency; operative 6-1-86 (Register 86, No. 22).

4. Repealed by operation of law 9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No. 39).

5. Readoption of section filed 1-26-87 as an emergency; operative 1-27-87. A Certificate of Compliance must be transmitted to OAL no later than 5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 5).

6. Readoption of section filed 5-26-87 as an emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL no later than 9-23-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 22).

7. Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

8. Renumbering of former section 10509 to section 10513 filed 4-18-94; operative 5-18-94 (Register 94, No. 16).




§10510. Prohibition against False Claims Regarding Licensure.

No licensee, officer, or employee of a licensee shall make or disseminate any false or misleading statement regarding licensure of the facility or any of the services provided by the facility.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Section 11834.36, Health and Safety Code.

HISTORY
1. New section filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).

2. Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an emergency; operative 2-1-86 (Register 86, No. 4).

3. Repealed by operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency; operative 6-1-86 (Register 86, No. 22).

4. Repealed by operation of law 9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No. 39).

5. Readoption of section filed 1-26-87 as an emergency; operative 1-27-87. A Certificate of Compliance must be transmitted to OAL no later than 5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 5).

6. Readoption of section filed 5-26-87 as an emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL no later than 9-23-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 22).

7. Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

8. Amendment of section heading, text and Note filed 4-18-94; operative 5-18- 94 (Register 94, No. 16).




§10511. Requirement to Post License.

The licensee shall:
(a) Post the license in a conspicuous place in the facility, where it can be sen by anyone entering the facility, and
(b) Make the license available for inspection upon request.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Section 11834.30, Health and Safety Code.

HISTORY
1. New section filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).

2. Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an emergency; operative 2-1-86 (Register 86, No. 4).

3. Repealed by operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency; operative 6-1-86 (Register 86, No. 22).

4. Repealed by operation of law 9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No. 39).

5. Readoption of section filed 1-26-87 as an emergency; operative 1-27-87. A Certificate of Compliance must be transmitted to OAL no later than 5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 5).

6. Readoption of section filed 5-26-87 as an emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL no later than 9-23-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 22).

7. Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

8. Amendment of section heading, text and Note filed 4-18-94; operative 5-18- 94 (Register 94, No. 16).




§10512. Alteration of License.

No licensee, officer, or employee of a licensee shall alter a license or disseminate an altered license.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Section 11834.30, Health and Safety Code.

HISTORY
1. New section filed 4-18-94; operative 5-18-94 (Register 94, No. 16).




§10513. Adherence to Express Conditions of Licensure.

A licensee shall not operate a facility beyond the conditions and limitations specified on the license.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.10 and 11834.30, Health and Safety Code.

HISTORY
1. Renumbering and amendment of former section 10509 to section 10513 filed 4- 18-94; operative 5-18-94 (Register 94, No. 16).