California Ethical Treatment for Persons with Addiction Act.

Existing law provides for the licensure and regulation of adult alcoholism or drug abuse recovery or treatment facilities by the State Department of Health Care Services and authorizes the department to enforce those provisions. Existing law also requires the department to implement a program certification procedure for alcohol and other drug treatment recovery services. Existing law generally prohibits specified persons, programs, or entities, such as an alcoholism or drug abuse treatment facility or a person employed by, or working for, an alcohol or other drug program, from giving or receiving anything of value for the referral of a person who is seeking alcoholism or drug abuse recovery and treatment services, and authorizes the department to investigate allegations of violations of those provisions, and to assess various penalties upon a person, program, or entity that is found in violation of those provisions. Existing law requires all programs licensed or certified by the department pursuant to those provisions to disclose any ownership or control of, or financial interest in, a recovery residence, as defined. This bill would create the California Ethical Treatment for Persons with Addiction Act to provide protection for substance abuse treatment clients and their families. The bill would declare the intent for its provisions to be construed in favor of maximizing protections for clients, families, and their communities. The bill would impose requirements and proscribe unlawful acts relating to marketing, advertising, and payment of remuneration or split-fee arrangements, with respect to licensed treatment facilities and treatment providers, as defined by the bill. The bill would require a licensed treatment facility doing business in the state to adopt a client bill of rights for persons seeking treatment for substance use disorder, as specified, and to make the bill of rights available to all patients and prospective patients. The bill would require a treatment provider to maintain records of referrals to or from a recovery residence, as specified. Specified acts made unlawful by the bill would be subject to a civil fine of up to $20,000 per violation. The bill would authorize the Attorney General, a district attorney, or any other party with an ascertainable interest to bring an action to enjoin a violation of its provisions, declaratory relief, or to recover a civil monetary penalty, as specified. The bill also would authorize the department to investigate allegations of violations of any provisions of the bill and to take subsequent action including, but not limited to, assessing penalties and suspending or revoking the license of a licensed provider.