HB2045: Recovery residences; certification by Department of Behavioral Health and Developmental Services.


VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend the Code of Virginia by adding in Article 4 of Chapter 4 of Title 37.2 a section numbered 37.2-431.1, relating to Department of Behavioral Health and Developmental Services; certification of recovery residences.
[H 2045]
Approved

 

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 4 of Chapter 4 of Title 37.2 a section numbered 37.2-431.1 as follows:

§ 37.2-431.1. Certified recovery residences.

A. As used in this section:

"Certified recovery residence" means a recovery residence that has been certified by the Department.

"Credentialing entity" means a nonprofit organization that develops and administers professional certification programs according to nationally recognized recovery housing standards.

"Recovery residence" means a housing facility that provides alcohol-free and illicit-drug-free housing to individuals with substance abuse disorders and individuals with co-occurring mental illnesses and substance abuse disorders that does not include clinical treatment services.

B. No person shall advertise, represent, or otherwise imply to the public that a recovery residence or other housing facility is a certified recovery residence unless such recovery residence or other housing facility has been certified by the Department in accordance with regulations adopted by the Board. Such regulations may require accreditation by or membership in a credentialing agency as a condition of certification.

C. The Department shall maintain a list of certified recovery residences on its website.

D. The Department may institute civil proceedings in the name of the Commonwealth to enjoin any person from violating the provisions of this section and to recover a civil penalty of at least $200 but no more than $1,000 for each violation. Such proceedings shall be brought in the general district or circuit court for the county or city in which the violation occurred or where the defendant resides. Civil penalties assessed under this section shall be paid into the Behavioral Health and Developmental Services Trust Fund established in § 37.2-318.


HOUSE BILL NO. 2045
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Health, Welfare and Institutions
on January 22, 2019)
(Patron Prior to Substitute--Delegate Hurst)
A BILL to amend the Code of Virginia by adding in Article 4 of Chapter 4 of Title 37.2 a section numbered 37.2-431.1, relating to Department of Behavioral Health and Developmental Services; certification of recovery residences.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 4 of Chapter 4 of Title 37.2 a section numbered 37.2-431.1 as follows:

§ 37.2-431.1. Certified recovery residences.

A. As used in this section:

"Certified recovery residence" means a recovery residence that has been certified by the Department.

"Credentialing entity" means a nonprofit organization that develops and administers professional certification programs according to nationally recognized recovery housing standards.

"Recovery residence" means a housing facility that provides alcohol-free and illicit-drug-free housing to individuals with substance abuse disorders and individuals with co-occurring mental illnesses and substance abuse disorders that does not include clinical treatment services.

B. No person shall advertise, represent, or otherwise imply to the public that a recovery residence or other housing facility is a certified recovery residence unless such recovery residence or other housing facility has been certified by the Department in accordance with regulations adopted by the Board. Such regulations may require accreditation by or membership in a credentialing agency as a condition of certification.

C. The Department shall maintain a list of certified recovery residences on its website.

D. The Department may institute civil proceedings in the name of the Commonwealth to enjoin any person from violating the provisions of this section and to recover a civil penalty of at least $200 but no more than $1,000 for each violation. Such proceedings shall be brought in the general district or circuit court for the county or city in which the violation occurred or where the defendant resides. Civil penalties assessed under this section shall be paid into the Behavioral Health and Developmental Services Trust Fund established in § 37.2-318.

HOUSE BILL NO. 2045

Offered January 9, 2019
Prefiled January 7, 2019
A BILL to amend the Code of Virginia by adding in Article 4 of Chapter 4 of Title 37.2 a section numbered 37.2-431.1, relating to Department of Behavioral Health and Developmental Services; certification of recovery residences.
Patron-- Hurst

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 4 of Chapter 4 of Title 37.2 a section numbered 37.2-431.1 as follows:

§ 37.2-431.1. Certified recovery residences.

A. As used in this section:

"Certificate of compliance" means a certificate that is issued to a recovery residence by a credentialing entity.

"Certified recovery residence" means a recovery residence that has been certified by the Department.

"Credentialing entity" means a nonprofit organization that develops and administers professional certification programs according to nationally recognized recovery housing standards.

"Recovery residence" means a housing facility that provides alcohol-free and illicit-drug-free housing to individuals with substance abuse disorders and individuals with co-occurring mental illnesses and substance abuse disorders that does not include clinical treatment services.

B. No person shall advertise, represent, or otherwise imply to the public that a recovery residence or other housing facility is a certified recovery residence unless it is certified by the Department.

C. A recovery residence seeking certification shall submit to the Department a completed application and verification of a certification of compliance issued by a Department-approved credentialing entity.

D. The Department shall approve one or more credentialing entities to administer certificates of compliance to recovery residences. The Department shall maintain a list of approved credentialing agencies on its website. The Department and any Department-approved credentialing entity shall maintain a list of certified recovery residences on its respective website.

E. Any person in violation of the provisions of subsection B may be assessed a civil penalty not to exceed $1,000 for each offense by the Department. In determining the amount of any such civil penalty, the Department shall consider the nature, number, and seriousness of the violations; the ability of the certified recovery residence to pay the penalty; and any other factors the Department determines are relevant. Civil penalties assessed under this section shall be paid into the Behavioral Health and Developmental Services Trust Fund established in § 37.2-318.