The great path to recovery from substance abuse is not fair for all who walk the line. That trail is challenging and not easy to achieve. In order to do so, victims seeking help rely on licensed and reputable rehabilitation facilities for their recovery. CA’s operation of drug and alcohol treatment centers is strictly regulated in order to sustain safety, quality of care, and ethical practices within these vital healthcare services. When it comes to understanding the licensing world, this is extremely important for both the person who is in recovery and the caretaker who is facilitating these rehab centers. The following are FAQs regarding drug rehabilitation licensing.
What Nonmedical Services Need Licensing?
A license is required for providing nonmedical services such as the following:
- Detoxification
- Individual sessions
- Group sessions
- Educational sessions
- Alcoholism abuse
- Drug abuse
- Alcoholism recovery or treatment planning
- Drug recovery or treatment planning
What Does Alcoholism or Drug Abuse Recovery or Treatment Mean?
Alcoholism or drug abuse recovery or treatment means, for the purposes of needing a license, services that are there to promote treatment and maintain recovery from substance use disorder problems, which includes the list stated above.
What Laws Governs the Requirement for Licensing?
The California Code of Regulations (CCR), Title 9, Division 4, Chapter 5, section 10505 is the law that governs the requirement for licensing. Namely, it states that no person, firm, partnership, association, corporation, or local government entity shall operate, establish, manage, conduct, or maintain an alcoholism or drug abuse recovery or treatment facility without obtaining a current, valid license pursuant to the chapter.
Are There Any Additional Requirements We Should Know?
Yes, there are other requirements for those seeking to obtain a license. Those additional requirements include the following:
- All licensed adult alcoholism or drug recovery or treatment facilities will be required to get at least one DHCS Level of Care Designation and/or
- At least one residential American Society of Addiction Medicine Level of Care Certification that is consistent with all its program services and/or
- Maintain an applicable standard of care for that designation as a condition of its licensure.
What Code Governs the Requirement Listed Above?
The California Code, Health and Safety Code section 11834.015 governs the requirements listed above. This code also states that “the department may implement, interpret, or make specific this section by means of plan or provider bulletins or similar instructions until regulations are adopted.”
Are There Fees Associated with License?
Yes, there are fees associated with licensing.
How Long Does the Application Process Take?
The application process normally takes about 120 days to complete. The first day counts as the day that the application packet was in fact in completion.
Where Can You Get Further Information on Obtaining a License?
Those who are seeking further information on obtaining a license should read the instructions as well as the procedures.
Where Can You Get Further Information Regarding DHCS Level of Care Designation?
For more information regarding DHCS Level of Care Designation.
Victim of Sexual Assault and Abuse at a Drug Rehab Center?
Sexual assault and abuse at drug rehab centers are serious violations and criminal. If you or someone you know that is a victim of this act, please contact us right away.
Legal Considerations for Operating a Rehabilitation Facility
Beyond the initial licensing process, operating a drug rehabilitation facility in California involves ongoing legal considerations, including:
- Patient Rights: Ensuring compliance with patient confidentiality, informed consent, and other patient rights.
- HIPAA Compliance: Protecting the privacy and security of patient health information.
- Employment Law: Adhering to state and federal employment laws regarding hiring, termination, and workplace practices.
- Contracts and Agreements: Properly draft and review contracts with clients, staff, and vendors.
- Liability Issues: Understanding and mitigating potential liability related to patient care and facility operations.
- Marketing and Advertising: Ensuring that all marketing materials are accurate and comply with regulations regarding professional conduct.
The Role of Legal Counsel
Navigating the complex legal and regulatory landscape of drug rehabilitation licensing in California can be challenging. An experienced healthcare attorney can provide invaluable assistance to individuals and organizations seeking to establish or operate these facilities by:
- Guiding them through the licensing process.
- Ensuring compliance with all applicable laws and regulations.
- Assisting with the development of policies and procedures.
- Representing them in interactions with the DHCS.
- Advising on ongoing legal and operational matters.
- Defend against allegations of violations or licensing actions.
Contact Us
At KAASS LAW, we are dedicated to supporting high-quality and ethical healthcare services throughout California. Additionally, we understand the critical role that licensed drug rehabilitation facilities play in helping individuals overcome substance use disorders. Finally, if you are seeking to establish a treatment center or need assistance navigating the licensing and regulatory requirements, our experienced attorneys are here to provide knowledgeable and effective legal guidance. Contact us today to learn how we can help you build a strong foundation for recovery.