2022 Colorado Code
Title 25 - Public Health and Environment
Article 1.5 - Powers and Duties of the Department of Public Health and Environment
Part 1 - General Powers and Duties
§ 25-1.5-108.5. Regulation of Recovery Residences - Definition - Rules

1. 1. As used in this section, "recovery residence", "sober living facility", or "sober home" means any premises, place, facility, or building that provides housing accommodation for individuals with a primary diagnosis of a substance use disorder that:
      1. Is free from alcohol and nonprescribed or illicit drugs;
      2. Promotes independent living and life skill development; and
      3. Provides structured activities and recovery support services that are primarily intended to promote recovery from substance use disorders.

   2. "Recovery residence" does not include:
      1. A private residence in which an individual related to the owner of the residence by blood, adoption, or marriage is required to abstain from substance use or receive behavioral health services for a substance use disorder as a condition of residing in the residence;
      2. The supportive residential community for individuals who are homeless operated under section 24-32-724 at the Fort Lyon property for the purpose of providing substance abuse supportive services, medical care, job training, and skill development for the residents;
      3. A facility approved for residential treatment by the office of behavioral health in the department of human services; or
      4. Permanent supportive housing units incorporated into affordable housing developments.

2. A recovery residence may admit individuals who are receiving medication-assisted treatment, including agonist treatment, for substance use disorders; except that a recovery residence receiving state money or providing services that are paid for through state programs shall not deny admission to persons who are participating in prescribed medication-assisted treatment, as defined in section 23-21-803, for a substance use disorder.
3. Effective January 1, 2020, a person shall not operate a facility using the term "recovery residence", "sober living facility", "sober home", or a substantially similar term, and a licensed, registered, or certified health-care provider or a licensed health facility shall not refer an individual in need of recovery support services to a facility, unless the facility:
   1. Is certified by a recovery residence certifying body approved by the office of behavioral health in the department of human services as specified in subsection (4) of this section;
   2. Is chartered by Oxford House or its successor organization;
   3. Has been operating as a recovery residence in Colorado for thirty or more years as of May 23, 2019; or
   4. Is a community-based organization that provides reentry services as described in section 17-33-101 (7).

4. The office of behavioral health in the department of human services shall, by rule, determine the requirements for a recovery residence certifying body seeking approval for purposes of subsection (3)(a) of this section, which rules must include a requirement that a recovery residence certifying body include a representative from the office on its board.
5. A recovery residence owner, employee, or administrator, or an individual related to a recovery residence owner, employee, or administrator, shall not directly or indirectly:
   1. Solicit, accept, or receive a commission, payment, trade, fee, or anything of monetary or material value, excluding the supportive services required to place the resident:
      1. For admission of a resident, except for state or federal contracts that specifically reimburse for resident fees;
      2. From a treatment facility that is licensed or certified by the department of public health and environment for the treatment of substance use disorders; or
      3. From a facility approved for residential treatment by the office of behavioral health in the department of human services;

   2. Solicit, accept, or receive a commission, payment, trade, fee, or anything of monetary or material value from a toxicology laboratory that provides confirmation testing or point-of-care testing for residents.

Source: L. 2019: Entire section added, (HB 19-1009), ch. 274, p. 2587, § 2, effective May 23. L. 2020: (2) amended, (SB 20-007), ch. 286, p. 1390, § 4, effective July 13.