California’s Health & Safety Code (HSC) § 11834 is part of a chapter of statutes that confirm the state’s rights to inspect and license non-medical, mostly residential drug rehab facilities.
Licensing requirements apply to rehab centers that offer a certain level of care. This can include programs that provide medical treatment, recovery planning, and certified substance abuse counselors.
Families seeking a safe recovery place will want to know which facilities are licensed and how to check on a clinic’s inspection record.
California Rules and Regulations for Licensing Drug Rehabs
California Health and Safety Code sets a definition for a drug rehab facility.
“(a) As used in this chapter, “alcohol or other drug recovery or treatment facility” or “facility” means a premises, place, or building that provides residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or addiction, and who need alcohol, drug, or alcohol and drug recovery treatment or withdrawal management services.”
California code emphasizes that the state is the only entity with the power to license certain types of rehabs.
“The department has the sole authority in state government to license adult alcohol or other drug recovery or treatment facilities.
(a) In administering this chapter, the department shall issue new licenses for a period of two years to those programs that meet the criteria for licensure set forth in Section 11834.03.
(b) Onsite program visits for compliance shall be conducted at least once during the license period.”
The law also provides the power to make announced or unannounced visits to confirm the compliance of a treatment clinic.
Licensing and inspections are generally handled by California’s Department of Health Care Services (DHCS).
See: How to check a drug rehab’s licensing status and inspection record.
Sober Living Homes Are Unlicensed
Sober living homes offer a place to live for recovering Substance Use Disorder (SUD) patients along with peer support. They don’t usually need to submit to licensing because they don’t generally provide medical and detox services and professional counseling.
At least they aren’t supposed to. HSC 11834.01. also goes over how residential homes and group homes can come under investigation if they provide care they aren’t qualified to administer. This can be extremely harmful to residents.
HSC 11834.10. explains how licensed facilities should only provide the care they are authorized to provide.
Sober Living home companies can face criminal charges and be forced to get licensed. Families who lose a loved one at a negligent sober living home must often examine the services that were provided at the home, and whether unqualified care contributed to a tragic wrongful death.
ASAM Requirements for California Treatment Centers
California statutes also ensure that facilities are following the American Society of Addiction Medicine’s (ASAM) criteria in their operations and treatment of patients.
It’s part of the licensing requirements.
“(a) The department shall adopt the American Society of Addiction Medicine treatment criteria, or an equivalent evidence-based standard, as the minimum standard of care for licensed facilities and shall require a licensee to maintain those standards with respect to the level of care to be provided by the licensee.”
When rehab businesses veer away from these standards, and a patient comes to harm, it can serve as evidence of facility negligence. Families can point out every protocol listed by the ASAM and how compliance could have prevented a tragedy.
One of the most common threads through fatal overdose cases includes a failure to monitor a patient adequately. The ASAM criteria lay out how important surveillance of patients can be.
Other Health & Safety Codes Regulating California Drug Rehab
Further licensing can also allow rehabs to provide “incidental medical services.” This wouldn’t include general primary medical care. However, facilities assisting patients through withdrawal and treating emergencies, such as drug overdoses, could take certain clinical action.
HSC 11834.026. permits some treatment programs to access medical information. It allows them to monitor vital signs and help administer certain medications. The use of certain drug recovery treatments. This would include the use of NARCAN in an emergency.
The code also explains the need for every facility that serves over 6 patients to have proper liability insurance coverage, among other policies.
“(d) Commercial general liability insurance that includes coverage for premises liability, products and completed operations, contractual liability, personal injury and advertising liability, abuse, molestation, sexual actions, and assault and battery, with minimum coverage amounts for bodily injury or property damage of not less than one million dollars ($1,000,000) per occurrence.”
HSC Section 11834.31 (being considered for amendment as of Aug 2026) makes clear that the DHCS must investigate a report of an unlicensed facility providing licensed care within 10 days of receiving the complaint. The department would generally be given 60 days to complete an investigation and enforce penalties.
- The DHCS can take away a program’s license or suspend it. Facilities may be given a deadline to fix violations. They can also be hit with fines that accrue daily until compliance. Drug rehab providers may be forced to close forever, but families can still file claims against a shuttered rehab business.
Contact Us if Your Loved One Was Killed by an Overdose in a Drug Rehab
A patient who dies while in the care of a drug care facility is not at fault. Families can file lawsuits and seek justice. They can also secure much-needed money to pay funeral bills and replace any income the deceased may have supported the family with.
Attorney Martin Gasparian offers a free, confidential consultation to families who lost a loved one. It’s a no-risk, no-obligation way to find out what a wrongful death case would be worth and how to hold a negligent treatment center fully responsible.