Report Title:

Clean and Sober Homes; Licensure

 

Description:

Requires the licensing of clean and sober homes and the establishment of standard operating procedures.  (HB2816 HD2)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

2816

TWENTY-FOURTH LEGISLATURE, 2008

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO SUBSTANCE ABUSE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§321-     Clean and sober homes.  (a)  All clean and sober homes shall be licensed to ensure the health, safety, and welfare of the individuals placed therein.

     (b)  Any operator of a clean and sober home shall obtain a general excise tax license under section 237-9 prior to commencing operation of a clean and sober home.

     (c)  The director shall adopt rules regarding clean and sober homes in accordance with chapter 91 that shall be designed to:

     (1)  Establish standard operating procedures;

     (2)  Provide a residential program for care and rehabilitation for persons suffering or recovering from substance abuse who require structured living;

     (3)  Provide a review process to monitor compliance in meeting the standard operating procedures; and

     (4)  Set occupancy limits on homes based on room size and not based on the cost of the rental housing.

     (d)  Prior to commencing operations of a clean and sober home licensed under this section, the operator of the home shall conduct at least one public informational meeting at a neighborhood board meeting in the area in which the home will be located.  If the home will be located in an area that does not have a neighborhood board, the public informational meeting shall be held at the county council."

     SECTION 2.  The department of health shall convene a task force composed of current service providers under its alcohol and drug abuse division to make recommendations to the department for adopting rules establishing standard operating procedures for clean and sober homes.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2020.