36-2062. Licensure required; standards; administrative clearance from local jurisdiction; use of title

A. The director shall adopt rules to establish minimum standards and requirements for the licensure of sober living homes in this state necessary to ensure the public health, safety and welfare.  The director may use the current standards adopted by any recognized national organization approved by the department as guidelines in prescribing the minimum standards and requirements under this subsection.  The standards shall include:

1. A requirement that each sober living home develop policies and procedures to allow individuals who are on medication-assisted treatment to continue to receive this treatment while living in the sober living home.

2. Consistent and fair practices for drug and alcohol testing, including frequency, that promote the residents' recovery.

3. Policies and procedures to meet the requirement that the sober living home maintain an environment that promotes the recovery, health and safety of residents and the safety of the surrounding neighborhood and the community at large.

4. Policies and procedures for discharge planning of persons living in the sober living home that do not negatively impact the surrounding community, including policies and procedures to be implemented if the sober living home's license is suspended or revoked.

5. A good neighbor policy to address neighborhood concerns and complaints.

6. A requirement that the operator of each sober living home have available for emergency personnel an up-to-date list of current medications and medical conditions of each person living in the sober living home.

7. A policy that ensures residents are informed of all sober living home rules, residency requirements and resident agreements.

8. Policies and procedures for managing all monies received and spent by the sober living home in accordance with standard accounting practices, including monies received from residents of the sober living home.

9. A requirement that each sober living home post a statement of resident rights that includes the right to file a complaint about the sober living home or provider and information about how to file a complaint.

10. Policies that promote recovery by requiring residents to participate in treatment, self-help groups or other recovery supports.

11. Policies and procedures that require the sober living home to maintain an environment that is free from alcohol and illegal substances at all times and that require abstinence from alcohol and illicit drugs.

12. Procedures regarding the appropriate use and security of medication by a resident.

13. Policies regarding the maintenance of sober living homes, including the installation of functioning smoke detectors, carbon monoxide detectors and fire extinguishers and compliance with local fire codes and rules applicable to comparable dwellings occupied by single families.

14. Policies and procedures that prohibit a sober living home owner, employee or administrator from requiring a resident to sign any document for the purpose of relinquishing the resident's public assistance benefits, including medical assistance benefits, cash assistance and supplemental nutrition assistance program benefits.

15. Policies and procedures for managing complaints about sober living homes.

16. Policies and procedures for notifying the department and a family member or other emergency contact designated by a resident under certain circumstances, including death, permanent or severe harm and overdose.

17. Policies and procedures for providing activities that promote independent living and life skills development.

18. Policies and procedures for providing activities directed primarily toward recovery from substance use disorders.

B. The licensure of a sober living home under this article is for one year. 

C. To receive and maintain licensure, a sober living home must comply with all federal, state and local laws, including the Americans with disabilities act of 1990. The sober living home shall obtain and maintain current documentation from the local jurisdiction verifying compliance with all local zoning, building, fire and licensing ordinances and rules. The sober living home shall provide documentation to the department on request, in the application for an initial license and when requesting approval for any proposed change in the maximum number of residents or any construction of or modification to the sober living home.  The department shall identify on each license the maximum number of residents who are allowed to live in the sober living home, including any manager or other staff living on the premises.

D. A treatment facility that is licensed by the department to treat substance use disorders and that has one or more sober living homes on the same campus as the facility's program shall obtain licensure for each sober living home pursuant to this article.

E. A person shall not establish, conduct or maintain in this state a sober living home unless that person holds a current and valid license issued by the department. The license is valid only for the establishment, operation and maintenance of the sober living home.  The licensee shall not:

1. Imply by advertising or directory listing or otherwise imply that the licensee is authorized to perform services more specialized or of a higher degree of care than is authorized by this article and the adopted rules for sober living homes.

2. Transfer or assign the license.  A license is valid only for the premises occupied by the sober living home at the time of its issuance.