SB 349 — California Ethical Treatment for Persons with Substance Use Disorder Act.
Last action — Chaptered by Secretary of State. Chapter 15, Statutes of 2022.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed Assembly
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 09, 2021. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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3 sponsors
1 primary, 2 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (2 D · 1 R) — cross-party backing.
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Cleared a recorded vote
Passed 10 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
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 Substance Use Disorder Act to provide protection for substance use disorder 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 and advertising with respect to treatment providers, as defined by the bill. The bill would require a treatment provider doing business in the state to adopt a client bill of rights for persons receiving treatment for substance use disorder, as specified, and to make the bill of rights available to all clients and prospective clients. 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, a county counsel, a city attorney, or any injured person or entity to bring a claim for declaratory relief or to recover a civil penalty, as specified. The bill also would authorize the department to investigate allegations of violations of the bill and to take subsequent action, including assessing penalties and suspending or revoking a provider's license or certification.
Bill Text
- Chaptered 04/13/22 - Chaptered Current pdf April 13, 2022
- Enrolled 04/05/22 - Enrolled pdf April 05, 2022
- Amended 02/22/22 - Amended Assembly pdf February 22, 2022
- Amended 07/14/21 - Amended Assembly pdf July 14, 2021
- Amended 06/28/21 - Amended Assembly pdf June 28, 2021
- Amended 04/08/21 - Amended Senate pdf April 08, 2021
- Amended 03/08/21 - Amended Senate pdf March 08, 2021
- Introduced 02/09/21 - Introduced pdf February 09, 2021
- SB349 View text html
Action History
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Chaptered by Secretary of State. Chapter 15, Statutes of 2022.
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Approved by the Governor.
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Enrolled and presented to the Governor at 3 p.m.
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Assembly amendments concurred in. (Ayes 35. Noes 0. Page 3303.) Ordered to engrossing and enrolling.
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In Senate. Concurrence in Assembly amendments pending.
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Read third time. Passed. (Ayes 65. Noes 0. Page 4045.) Ordered to the Senate.
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Ordered to third reading.
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Read third time and amended.
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Ordered to third reading.
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From inactive file.
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Notice of intention to remove from inactive file given by Assembly Member Petrie-Norris.
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Ordered to inactive file on request of Assembly Member Reyes.
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 16. Noes 0.) (August 26).
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August 19 set for first hearing. Placed on suspense file.
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Read second time and amended. Re-referred to Com. on APPR.
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From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 1.) (July 13).
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Re-referred to Com. on JUD. pursuant to Assembly Rule 96.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (July 6). Re-referred to Com. on APPR.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.
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June 22 set for first hearing canceled at the request of author.
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Referred to Coms. on HEALTH and JUD.
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In Assembly. Read first time. Held at Desk.
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Read third time. Passed. (Ayes 38. Noes 0. Page 1277.) Ordered to the Assembly.
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 7. Noes 0. Page 1188.) (May 20).
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Set for hearing May 20.
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May 3 hearing: Placed on APPR suspense file.
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Set for hearing May 3.
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Read second time and amended. Re-referred to Com. on APPR.
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From committee: Do pass as amended and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 11. Noes 0. Page 686.) (April 6).
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Set for hearing April 6.
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From committee: Do pass and re-refer to Com. on JUD. (Ayes 10. Noes 0. Page 533.) (March 17). Re-referred to Com. on JUD.
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Set for hearing March 17.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.
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Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)
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(Ayes 32. Noes 4.)
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Art. IV. Sec. 8(a) of the Constitution dispensed with.
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Referred to Coms. on HEALTH and JUD.
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From printer. May be acted upon on or after March 12.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Thomas J. Umberg · Primary
- Laurie Davies · Cosponsor
- Ash Kalra · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 119 not signed on · 1 voted No
Sponsors (1)
- Umberg, Thomas J. Democratic
Co-sponsors (2)
- Davies, Laurie Republican
- Kalra, Ash Democratic
Not signed on (119)
119 members have not signed on to this bill.
Show all 119 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 12 | 0 | 0 | 1 |
| Unaffiliated | 20 | 0 | 0 | 3 |
| Republican | 3 | 0 | 0 | 1 |
| Total | 35 | 0 | 0 | 5 |
| % of votes cast | 88% | 0% | 0% | 13% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Eggman | — | Yea |
| Hertzberg | — | Yea |
| Gonzalez | — | Yea |
| Glazer | — | Yea |
| Skinner | — | Yea |
| Wieckowski | — | Yea |
| Portantino | — | Yea |
| Min | — | Yea |
| Leyva | — | Yea |
| Wilk | — | Not Voting |
| Bradford | — | Not Voting |
| Borgeas | — | Not Voting |
| Pan | — | Yea |
| Roth | — | Yea |
| Atkins | — | Yea |
| Dodd | — | Yea |
| Rubio | — | Yea |
| Newman | — | Yea |
| Kamlager | — | Yea |
| Melendez | — | Yea |
| Bates | — | Yea |
| Hueso | — | Yea |
| Nielsen | — | Yea |
| Allen, Benjamin | Democratic | Yea |
| Archuleta, Bob | Democratic | Yea |
| Becker, Josh | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Cortese, Dave | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Hurtado, Melissa | Democratic | Not Voting |
| Laird, John | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Dahle, Megan | Republican | Yea |
| Grove, Shannon | Republican | Not Voting |
| Jones, Brian W. | Republican | Yea |
| Ochoa Bogh, Rosilicie | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 24 | 0 | 0 | 4 |
| Unaffiliated | 34 | 0 | 0 | 5 |
| Republican | 7 | 0 | 0 | 2 |
| Total | 65 | 0 | 0 | 11 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (76)
| Member | Party | Vote |
|---|---|---|
| Bloom | — | Yea |
| Friedman | — | Yea |
| Cooley | — | Yea |
| Mathis | — | Yea |
| Bigelow | — | Yea |
| Rendon | — | Yea |
| Mullin | — | Yea |
| Holden | — | Yea |
| Villapudua | — | Yea |
| Salas | — | Yea |
| Santiago | — | Yea |
| Maienschein | — | Yea |
| Quirk | — | Yea |
| Wood | — | Yea |
| Kiley | — | Yea |
| Mayes | — | Yea |
| Nazarian | — | Yea |
| Ting | — | Yea |
| Low | — | Yea |
| Levine | — | Yea |
| O'Donnell | — | Yea |
| Waldron | — | Yea |
| Daly | — | Yea |
| McCarty | — | Yea |
| Gray | — | Yea |
| Smith | — | Yea |
| Cunningham | — | Yea |
| Cooper | — | Yea |
| Jones-Sawyer | — | Not Voting |
| Voepel | — | Not Voting |
| Rodriguez | — | Not Voting |
| Medina | — | Not Voting |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Not Voting |
| Luz Rivas | — | Yea |
| Mark Stone | — | Yea |
| Vince Fong | — | Yea |
| Wendy Carrillo | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Bennett, Steve | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Boerner, Tasha | Democratic | Not Voting |
| Bonta, Mia | Democratic | Yea |
| Bryan, Isaac G. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Not Voting |
| Kalra, Ash | Democratic | Yea |
| Lee, Alex | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Yea |
| Petrie-Norris, Cottie | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Ramos, James C. | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Not Voting |
| Rubio, Blanca E. | Democratic | Yea |
| Ward, Christopher M. | Democratic | Yea |
| Weber Pierson, M.D., Akilah | Democratic | Not Voting |
| Wicks, Buffy | Democratic | Yea |
| Chen, Phillip | Republican | Yea |
| Choi, Steven S. | Republican | Yea |
| Dahle, Megan | Republican | Yea |
| Davies, Laurie | Republican | Yea |
| Flora, Heath | Republican | Yea |
| Gallagher, James | Republican | Not Voting |
| Lackey, Tom | Republican | Yea |
| Seyarto, Kelly | Republican | Yea |
| Valladares, Suzette Martinez | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 0 |
| Democratic | 6 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 16 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (16)
| Member | Party | Vote |
|---|---|---|
| Levine | — | Yea |
| Quirk | — | Yea |
| Bigelow | — | Yea |
| Chau | — | Yea |
| Eduardo Garcia | — | Yea |
| Lorena Gonzalez | — | Yea |
| Vince Fong | — | Yea |
| Wendy Carrillo | — | Yea |
| Bryan, Isaac G. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Weber Pierson, M.D., Akilah | Democratic | Yea |
| Dahle, Megan | Republican | Yea |
| Davies, Laurie | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 0 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Republican | 1 | 1 | 0 | 0 |
| Total | 10 | 1 | 0 | 0 |
| % of votes cast | 91% | 9% | 0% | 0% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Holden | — | Yea |
| Chiu | — | Yea |
| Kiley | — | Yea |
| Maienschein | — | Yea |
| Chau | — | Yea |
| Lorena Gonzalez | — | Yea |
| Mark Stone | — | Yea |
| Kalra, Ash | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Davies, Laurie | Republican | Yea |
| Gallagher, James | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 3 | 0 | 0 | 0 |
| Unaffiliated | 11 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Bigelow | — | Yea |
| Wood | — | Yea |
| McCarty | — | Yea |
| Maienschein | — | Yea |
| Mayes | — | Yea |
| Waldron | — | Yea |
| Rodriguez | — | Yea |
| Santiago | — | Yea |
| Nazarian | — | Yea |
| Luz Rivas | — | Yea |
| Wendy Carrillo | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Flora, Heath | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 12 | 0 | 0 | 1 |
| Unaffiliated | 22 | 0 | 0 | 1 |
| Republican | 4 | 0 | 0 | 0 |
| Total | 38 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Hertzberg | — | Yea |
| Bates | — | Yea |
| Roth | — | Yea |
| Newman | — | Yea |
| Nielsen | — | Yea |
| Dodd | — | Yea |
| Borgeas | — | Yea |
| Melendez | — | Yea |
| Bradford | — | Yea |
| Skinner | — | Yea |
| Wilk | — | Yea |
| Gonzalez | — | Yea |
| Min | — | Yea |
| Hueso | — | Yea |
| Leyva | — | Yea |
| Wieckowski | — | Yea |
| Kamlager | — | Yea |
| Portantino | — | Yea |
| Eggman | — | Yea |
| Glazer | — | Yea |
| Pan | — | Yea |
| Rubio | — | Yea |
| Atkins | — | Not Voting |
| Allen, Benjamin | Democratic | Yea |
| Archuleta, Bob | Democratic | Yea |
| Becker, Josh | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Cortese, Dave | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Hurtado, Melissa | Democratic | Yea |
| Laird, John | Democratic | Yea |
| Limón, Monique | Democratic | Not Voting |
| McGuire, Mike | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Dahle, Megan | Republican | Yea |
| Grove, Shannon | Republican | Yea |
| Jones, Brian W. | Republican | Yea |
| Ochoa Bogh, Rosilicie | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Wieckowski | — | Yea |
| Kamlager | — | Yea |
| Portantino | — | Yea |
| Bradford | — | Yea |
| Bates | — | Yea |
| Laird, John | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 0 | 0 | 1 |
| Republican | 1 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 6 | 0 | 0 | 1 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Portantino | — | Yea |
| Bradford | — | Yea |
| Wieckowski | — | Yea |
| Kamlager | — | Yea |
| Bates | — | Not Voting |
| Laird, John | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 6 | 0 | 0 | 0 |
| Unaffiliated | 4 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 11 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Hertzberg | — | Yea |
| Borgeas | — | Yea |
| Gonzalez | — | Yea |
| Wieckowski | — | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Laird, John | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 3 | 0 | 0 | 0 |
| Unaffiliated | 6 | 0 | 0 | 1 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 10 | 0 | 0 | 1 |
| % of votes cast | 91% | 0% | 0% | 9% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Roth | — | Yea |
| Eggman | — | Yea |
| Rubio | — | Yea |
| Leyva | — | Yea |
| Gonzalez | — | Yea |
| Pan | — | Yea |
| Melendez | — | Not Voting |
| Hurtado, Melissa | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Grove, Shannon | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 349 do?
- 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 Substance Use Disorder Act to provide protection for substance use disorder 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 and advertising with respect to treatment providers, as defined by the bill. The bill would require a treatment provider doing business in the state to adopt a client bill of rights for persons receiving treatment for substance use disorder, as specified, and to make the bill of rights available to all clients and prospective clients. 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, a county counsel, a city attorney, or any injured person or entity to bring a claim for declaratory relief or to recover a civil penalty, as specified. The bill also would authorize the department to investigate allegations of violations of the bill and to take subsequent action, including assessing penalties and suspending or revoking a provider's license or certification.
- Who sponsors SB 349?
- SB 349 is sponsored by Umberg, Thomas J. (Democratic), Davies, Laurie (Republican), and Kalra, Ash (Democratic).
- What is the current status of SB 349?
- This bill has been enacted into law. Introduced February 09, 2021. Enacted.
- Where can I track SB 349?
- Track SB 349 free on One Click Politics — get push/email alerts when it moves.
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