Bill Text: VA SB190 | 2024 | Regular Session | Prefiled
Bill Title: Recovery residences; certification requirements, death and serious injury reports, report.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-12 - Incorporated by Rehabilitation and Social Services (13-Y 0-N) [SB190 Detail]
Download: Virginia-2024-SB190-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §37.2-431.1 of the Code of Virginia is amended and reenacted as follows:
§37.2-431.1. Recovery residences.
A. As used in this section:
"Credentialing entity" means a nonprofit organization that develops and administers professional certification programs according to standards of the National Alliance for Recovery Residences or standards endorsed by Oxford House, Inc.
"Level of support" means the level of support and structure that a recovery residence provides to residents, as specified in the standards of the National Alliance for Recovery Residences.
"Recovery residence" means a housing facility that is certified by the Department in accordance with regulations adopted by the Board and 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. Every recovery residence shall disclose to each prospective resident its credentialing entity. If the credentialing entity is the National Alliance for Recovery Residences, the recovery residence shall disclose the level of support provided by the recovery residence. If the credentialing entity is Oxford House, Inc., the recovery residence shall disclose that the recovery residence is self-governed and unstaffed.
C. No person shall operate a recovery residence or advertise,
represent, or otherwise imply to the public that a recovery residence or other
housing facility is certified by the Department unless such recovery residence
or other housing facility has been certified by the Department in accordance
with regulations adopted by the Board. Such regulations (i) may require
accreditation by or membership in a credentialing agency as a condition of
certification and;
(ii) shall require the recovery residence, as a condition of certification, to
comply with any uniform
health and safety requirements established by the Department and
published on its website, including
minimum square footage requirements related to beds and sleeping rooms
established by the credentialing entity Department or the square
footage requirements set forth in §36-105.4, whichever is greater; and (iii) shall require recovery residences, in the
same manner required for licensed facilities and programs, to report
to the Department any death or serious injury that
occurs in the recovery residence.
D. The Department shall maintain a list of recovery residences on its website and shall provide (i) for each recovery residence included on such list, the credentialing entity; (ii) for recovery residences for which the National Alliance of Recovery Residences is the credentialing entity, the level of support provided by the recovery residence and the certification standards of the National Alliance of Recovery Residences; and (iii) for recovery residences for which Oxford House, Inc., is the credentialing entity, a disclosure that the recovery residence is self-governed and unstaffed and the certification standards of Oxford House, Inc.
E. 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.
2. That the Department of Behavioral Health and Developmental Services (the Department) shall convene a work group to (i) analyze and make recommendations regarding the creation of a process through which the Department can provide oversight of all recovery residences in the Commonwealth and (ii) make recommendations to ensure transparency with the public and residents or potential residents of recovery residences regarding the certification of each recovery residence, including certification requirements, results, and inspections. Such work group shall include representatives of Oxford House, Inc., the Virginia Association of Addiction Professionals, and the Virginia Association of Recovery Residences and other relevant stakeholders. The Department shall report the work group's findings and recommendations to the General Assembly by November 1, 2024.
