36-2062. Licensure; standards; civil penalties; inspections; use of title
A. The director shall adopt rules to establish minimum standards and requirements for the licensure of sober living homes in this state necessary to ensure the public health, safety and welfare. The director may use the current standards adopted by any recognized national organization approved by the department as guidelines in prescribing the minimum standards and requirements under this subsection. The standards shall include:
1. A requirement that each sober living home to develop policies and procedures to allow individuals who are on medication-assisted treatment to continue to receive this treatment while living in the sober living home.
2. Consistent and fair practices for drug and alcohol testing, including frequency, that promote the residents' recovery.
3. Policies and procedures for the residence to maintain an environment that promotes the safety of the surrounding neighborhood and the community at large.
4. Policies and procedures for discharge planning of persons living in the residence that do not negatively impact the surrounding community.
5. A good neighbor policy to address neighborhood concerns and complaints.
6. A requirement that the operator of each sober living home have available for emergency personnel an up-to-date list of current medications and medical conditions of each person living in the home.
7. A policy that ensures residents are informed of all sober living home rules, residency requirements and resident agreements.
8. Policies and procedures for the management of all monies received and spent by the sober living home in accordance with standard accounting practices, including monies received from residents of the sober living home.
9. A requirement that each sober living home post a statement of resident rights that includes the right to file a complaint about the residence or provider and information about how to file a complaint.
10. Policies that promote recovery by requiring residents to participate in treatment, self-help groups or other recovery supports.
11. Policies requiring abstinence from alcohol and illicit drugs.
12. Procedures regarding the appropriate use and security of medication by a resident.
13. Policies regarding the maintenance of sober living homes, including the installation of functioning smoke detectors, carbon monoxide detectors and fire extinguishers and compliance with local fire codes applicable to comparable dwellings occupied by single families.
14. Policies and procedures that prohibit a sober living home owner, employee or administrator from requiring a resident to sign any document for the purpose of relinquishing the resident's public assistance benefits, including medical assistance benefits, cash assistance and supplemental nutrition assistance program benefits.
15. Policies and procedures for managing complaints about sober living homes.
16. Requirements for the notification of a family member or other emergency contact designated by a resident under certain circumstances, including death due to an overdose.
B. The licensure of a sober living home under this article is for one year. A person operating a sober living home in this state that has failed to attain or maintain licensure of the sober living home shall pay a civil penalty of up to one thousand dollars for each violation.
C. To receive and maintain licensure, a sober living home must comply with all federal, state and local laws, including the Americans with disabilities act of 1990.
D. A treatment facility that is licensed by the department for the treatment of substance use disorders and that has one or more sober living homes on the same campus as the facility's program shall obtain licensure for each sober living home pursuant to this article.
E. Once the director adopts the minimum standards as required in subsection A of this section, a person may not establish, conduct or maintain in this state a sober living home unless that person holds a current and valid license issued by the department or is certified as prescribed in section 36-2064. The license is valid only for the establishment, operation and maintenance of the sober living home. The licensee may not:
1. Imply by advertising, directory listing or otherwise that the licensee is authorized to perform services more specialized or of a higher degree of care than is authorized by this article and the underlying rules for sober living homes.
2. Transfer or assign the license. A license is valid only for the premises occupied by the sober living home at the time of its issuance.