California 20252026 Regular Session Status: Introduced 1 D cosponsors

SB 43 — Substance use disorder: addiction treatment referral agencies.

Last action — Returned to Secretary of Senate pursuant to Joint Rule 56.

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  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been introduced in the Senate. Introduced December 05, 2024. It must pass committee before a floor vote.

Next likely step: a committee referral and hearing.

Prognosis

Stalled 28% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • Introduced

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 2 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 requires the State Department of Health Care Services to regulate and certify alcohol or other drug programs, as defined. Existing law also requires the department to regulate and license adult alcohol or other drug recovery or treatment facilities, and requires a licensee to provide specified nonmedical services. Existing law requires all programs certified and facilities licensed by the department to make specified disclosures to the department regarding, among other things, ownership or control of, or financial interest in, a recovery residence, as defined. Existing law prohibits a licensed facility, a certified program, or other specified persons, programs, and entities from giving or receiving remuneration or anything of value for the referral of a person who is seeking alcohol or other drug recovery or treatment services. Existing law generally prohibits referrals for remuneration to any skilled nursing home or other specified types of care facilities without first obtaining a written license from the Director of Public Health or from an inspection service approved by the director, as specified. Existing law establishes the Attorney General as the head of the Department of Justice (department) , with charge of all legal matters in which the state is interested, except as specified. Existing law imposes various requirements on the Attorney General related to consumer protection, including, among others, the supervision of charitable trusts, the enforcement of antitrust laws, and the permitting of check cashing businesses. This bill would make it unlawful for a person, association, or corporation, to establish, conduct, or maintain a referral agency or referring any person for remuneration to an alcoholism or drug abuse treatment program certified by or a facility licensed by the State Department of Health Care Services without first obtaining a certificate of compliance from the department, as specified, and would require the department to issue a certificate of compliance, as prescribed. The bill would require the department to impose a fee for the certificate of compliance application and would specify the information required to be included on the application. The bill, among other provisions, would prohibit a referral agency from having a direct or indirect financial interest in a program or facility doing business with the referral agency. The bill would not apply to a local public agency performing referral services without cost to recipients of adult alcoholism or drug abuse recovery or treatment services when otherwise authorized by law. This bill would make it unlawful for a referral agency holding a certificate of compliance to participate in or operate a group advertising and referral service for addiction treatment services unless specified conditions are met, including that the referral agency files with the department a copy of the standard form contract that regulates its relationship with member programs. The bill would provide that the contract shall be kept confidential and is not open to public inspection. The bill would authorize the department or 5 or more individual or member programs to petition the superior court of any county for the issuance of an injunction restraining conduct that is a violation of that provision. This bill would authorize the department to suspend or revoke the certificate of compliance for failure to comply with the provisions of the bill, and to impose a civil penalty, as specified. The bill also would authorize the Attorney General to bring a civil action against a person, association, or corporation referring persons without a certificate of compliance in violation of the bill, and would make those individuals liable for a civil penalty in the amount of the remuneration illegally received, as specified. The bill would authorize a district attorney, county counsel, city attorney, or any person who has suffered any injury or damages, as specified, to bring a claim that an act or practice violates the bill's provisions and seek, among other things, declaratory relief, as provided. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

Bill Text

Action History

  1. Returned to Secretary of Senate pursuant to Joint Rule 56.

  2. May 23 hearing: Held in committee and under submission.

  3. Set for hearing May 23.

  4. May 12 hearing: Placed on APPR. suspense file.

  5. Set for hearing May 12.

  6. From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0. Page 938.) (April 29). Re-referred to Com. on APPR.

  7. Withdrawn from committee.

  8. Re-referred to Com. on JUD.

  9. April 23 hearing postponed by committee.

  10. From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.

  11. Set for hearing April 29 in JUD. pending receipt.

  12. Set for hearing April 23.

  13. From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.

  14. April 9 hearing postponed by committee.

  15. Set for hearing April 9.

  16. From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.

  17. Re-referred to Coms. on HEALTH and JUD.

  18. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  19. Referred to Com. on RLS.

  20. Read first time.

  21. From printer. May be acted upon on or after January 5.

  22. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass, but first be re-referred to the Committee on [Appropriations]

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 2000
Democratic 11000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Allen, Benjamin Democratic Yea
Arreguín, Jesse Democratic Yea
Ashby, Angelique V. Democratic 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
Wahab, Aisha Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wiener, Scott D. Democratic Yea
Niello, Roger W. Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Subjects

public-safety healthcare labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 43 do?
Existing law requires the State Department of Health Care Services to regulate and certify alcohol or other drug programs, as defined. Existing law also requires the department to regulate and license adult alcohol or other drug recovery or treatment facilities, and requires a licensee to provide specified nonmedical services. Existing law requires all programs certified and facilities licensed by the department to make specified disclosures to the department regarding, among other things, ownership or control of, or financial interest in, a recovery residence, as defined. Existing law prohibits a licensed facility, a certified program, or other specified persons, programs, and entities from giving or receiving remuneration or anything of value for the referral of a person who is seeking alcohol or other drug recovery or treatment services. Existing law generally prohibits referrals for remuneration to any skilled nursing home or other specified types of care facilities without first obtaining a written license from the Director of Public Health or from an inspection service approved by the director, as specified. Existing law establishes the Attorney General as the head of the Department of Justice (department) , with charge of all legal matters in which the state is interested, except as specified. Existing law imposes various requirements on the Attorney General related to consumer protection, including, among others, the supervision of charitable trusts, the enforcement of antitrust laws, and the permitting of check cashing businesses. This bill would make it unlawful for a person, association, or corporation, to establish, conduct, or maintain a referral agency or referring any person for remuneration to an alcoholism or drug abuse treatment program certified by or a facility licensed by the State Department of Health Care Services without first obtaining a certificate of compliance from the department, as specified, and would require the department to issue a certificate of compliance, as prescribed. The bill would require the department to impose a fee for the certificate of compliance application and would specify the information required to be included on the application. The bill, among other provisions, would prohibit a referral agency from having a direct or indirect financial interest in a program or facility doing business with the referral agency. The bill would not apply to a local public agency performing referral services without cost to recipients of adult alcoholism or drug abuse recovery or treatment services when otherwise authorized by law. This bill would make it unlawful for a referral agency holding a certificate of compliance to participate in or operate a group advertising and referral service for addiction treatment services unless specified conditions are met, including that the referral agency files with the department a copy of the standard form contract that regulates its relationship with member programs. The bill would provide that the contract shall be kept confidential and is not open to public inspection. The bill would authorize the department or 5 or more individual or member programs to petition the superior court of any county for the issuance of an injunction restraining conduct that is a violation of that provision. This bill would authorize the department to suspend or revoke the certificate of compliance for failure to comply with the provisions of the bill, and to impose a civil penalty, as specified. The bill also would authorize the Attorney General to bring a civil action against a person, association, or corporation referring persons without a certificate of compliance in violation of the bill, and would make those individuals liable for a civil penalty in the amount of the remuneration illegally received, as specified. The bill would authorize a district attorney, county counsel, city attorney, or any person who has suffered any injury or damages, as specified, to bring a claim that an act or practice violates the bill's provisions and seek, among other things, declaratory relief, as provided. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
Who sponsors SB 43?
SB 43 is sponsored by Umberg, Thomas J. (Democratic).
What is the current status of SB 43?
This bill has been introduced in the Senate. Introduced December 05, 2024. It must pass committee before a floor vote.
Where can I track SB 43?
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