AB 646

This bill creates a registry for recovery residences and specifies circumstances

under which a state employee may not be disciplined for using controlled substances

as part of medication-assisted treatment.

Recovery residences

This bill requires the Department of Health Services to establish and maintain

a registry of approved recovery residences. DHS must approve a recovery residence

for registration if the recovery residence is either certified by a nationally recognized

recovery residence certification organization that is approved by DHS or a chapter

of a national recovery residence organization that is approved by DHS, and the

certification organization or national organization has requirements for recovery

residences as described in the bill. DHS may not include a recovery residence in the

registry if the recovery residence excludes any resident solely on the basis that the

resident participates in medication-assisted treatment. DHS must revoke the

registration of a recovery residence if it ceases to be certified by or have chapter

status from whichever organization had approved it. A recovery residence is not

required to register unless the recovery residence seeks referrals or funds from the

state or federal funds passing through the state treasury. Upon request for referrals

to recovery residences, DHS must provide a list of registered recovery residences but

may limit the list of registered recovery residences it provides based on the

geographical and other preferences specified by the person requesting referrals. The

bill prohibits a recovery residence from using the designation of or holding itself out

as “registered” or “state approved” unless the recovery residence is included in the

registry under this bill.

State employee discipline

This bill provides that a state employee is not subject to discipline without prior

progressive discipline if the person is under the influence of a controlled substance

or a controlled substance analog while on duty if the employee is using the controlled

substance or controlled substance analog as dispensed, prescribed, or recommended

as part of medication-assisted treatment. The bill also provides that a state

employee is not subject to discipline without prior progressive discipline for

possession of a controlled substance or a controlled substance analog without a

prescription while on duty if the employee is using the controlled substance or

controlled substance analog as dispensed, prescribed, or recommended as part of

medication-assisted treatment.

Under current law, a state employee may be removed, suspended without pay,

discharged, demoted, or receive a reduction in pay without receiving prior

progressive discipline for being under the influence of or in possession of a controlled

substance or controlled substance analog while on duty.