36-2061. Definitions

In this article, unless the context otherwise requires:

1. "Assistance or activity directed toward recovery from any substance use disorder" includes a supervised, monitored or peer-led environment directed toward recovery from any substance use disorder.

2. "Certifying organization" means an organization that certifies homes as sober living homes and that is affiliated with a national organization approved by the department whose primary function is to improve access to and the quality of sober living residences through standards, education, research and advocacy.

3. "Close friend" means any individual whose close association with the person is the equivalent of a family relationship.

4. "License" means a license issued by the director pursuant to this article.

5. "Medication-assisted treatment" means the use of pharmacological medications that are approved by the United States food and drug administration, in combination with counseling and behavioral therapies, to provide a whole patient approach to treating substance use disorders.

6. "Service or treatment directed toward recovery from any substance use disorder" includes providing or arranging transportation to or from any service, treatment or activity directed toward recovery from any substance use disorder.

7. "Sober living home":

(a) Means any premises, place or dwelling unit, or any person that provides any premises, place or dwelling unit, that may provide verification of abstinence and that does at least one of the following:

(i) Provides alcohol-free and drug-free housing in a supervised, monitored or peer-led environment for individuals who are in recovery or seeking recovery from any substance use disorder.

(ii) Advertises, markets, holds itself out or otherwise implies through any means, including oral, written, electronic or printed means, that it provides or will provide a living environment directed toward recovery from any substance use disorder, including housing that provides or arranges for residents to receive any assistance or activity directed toward recovery from any substance use disorder and housing that arranges for residents to receive any service or treatment directed toward recovery from any substance use disorder.

(b) Does not include:

(i) Any premises, place or dwelling unit that is licensed to provide on-site medical services, behavioral health services or medication administration.

(ii) Any person who provides any premises, place or dwelling unit directed toward recovery from any substance abuse disorder exclusively to residents who are related to the person by affinity or consanguinity of the first or second degree, a person who is a close friend of the person for whom the person serves as a legal guardian, and the person is not operating the premises, place or dwelling unit as a business and does not require, collect or receive any form of compensation for profit from the residents, including insurance or rent.

(iii) Any housing for persons in recovery from substance use disorders that is self-run, self-supported, alcohol and drug free, chartered and monitored by a nationally recognized nonprofit credentialing entity, established in accordance with 42 United States Code section 300x-25 and held to the standards of that nationally recognized nonprofit credentialing entity.

(c) Beginning on the effective date of the rules for licensure adopted pursuant to sections 36-4202 and 36-4204, does not include a transitional housing facility as defined in section 36-4201.