1. A. As used in this section:

   "Credentialing entity" means a nonprofit organization that develops and administers professional certification programs according to standards of the National Alliance for Recovery Residences or standards endorsed by Oxford House, Inc.

   "Level of support" means the level of support and structure that a recovery residence provides to residents, as specified in the standards of the National Alliance for Recovery Residences.

   "Recovery residence" means a housing facility that provides alcohol-free and illicit-drug-free housing to individuals with substance use disorders and individuals with co-occurring mental illnesses and substance use disorders that does not include clinical treatment services.

2. B. Every recovery residence shall disclose to each prospective resident its credentialing entity. If the credentialing entity is the National Alliance for Recovery Residences, the recovery residence shall disclose the level of support provided by the recovery residence. If the credentialing entity is Oxford House, Inc., the recovery residence shall disclose that the recovery residence is self-governed and unstaffed.
3. C. No person shall operate a recovery residence or advertise, represent, or otherwise imply to the public that a recovery residence or other housing facility is certified by the Department unless such recovery residence or other housing facility has been certified by the Department in accordance with regulations adopted by the Board. Such regulations (i) may require accreditation by or membership in a credentialing entity as a condition of certification; (ii) shall require the recovery residence, as a condition of certification, to comply with any minimum square footage requirements related to beds and sleeping rooms established by the credentialing entity or the square footage requirements set forth in § 36-105.4, whichever is greater; (iii) shall require recovery residences to report to the Department any death or serious injury that occurs in the recovery residence; and (iv) shall require that no recovery residence, or operator, employee, or agent of a recovery residence, require a resident to participate in medical or psychological services, including clinical substance use treatment, that such recovery residence receives financial benefit from, either directly or indirectly, as a condition of entering or continuing residence at such recovery residence. The Department may issue a conditional certification to any recovery residence that has indicated an intent to receive accreditation by or membership in a credentialing entity when such accreditation or membership is a condition of certification. The maximum term of a conditional certification shall be six months. At the discretion of the Department, a conditional certification may be renewed for a period not to exceed three months if the provider is not able to demonstrate compliance with all certification regulations but demonstrates progress toward compliance. However, in no case shall the total period of conditional certification exceed nine successive months. Conditional certifications may be revoked for serious health and safety concerns. Violation of this subsection is a Class 1 misdemeanor.
4. D. The Department shall maintain a list of conditionally certified and a list of certified recovery residences on its website and shall provide (i) for each recovery residence included on such list, the credentialing entity; (ii) for recovery residences for which the National Alliance of Recovery Residences is the credentialing entity, the level of support provided by the recovery residence; and (iii) for recovery residences for which Oxford House, Inc., is the credentialing entity, a disclosure that the recovery residence is self-governed and unstaffed.
5. E. The Department shall monitor any credentialing entity providing credentials to recovery residences in the Commonwealth to ensure that any criteria of such credentialing entity related to Department certification complies with Department regulations.
6. F. Referrals to recovery residences made by the Department or any agency of the Commonwealth shall only be made to recovery residences that are certified by the Department. No court may refer or release a person to a recovery residence that is not certified by the Department.
7. G. No such credentialing entity shall provide credentials to a recovery residence that is owned or operated by an individual who is employed by or in a position of authority at such credentialing entity, or an immediate family member, as that term is defined in § 2.2-3101, of any such individual. The Department may require the recovery residence to seek accreditation by or membership in another credentialing entity specified by the Department as a condition of certification.

8. H. The Board shall, in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), promulgate such regulations as the Board deems necessary to establish minimum certification standards for recovery residences. Such regulations shall include:

   1. 1. Department protocols for recovery residences, including:

      1. a. Denial of applications for certification or conditional certification; and
      2. b. Corrective actions plans, which may include warning notices, probationary status, suspension of indigent bed funding, temporary suspension of admission to residences, revocation of conditional certification, and decertification.
   2. 2. Requirements for renewal of certification, which shall occur every two years. Such renewal shall be submitted 90 days prior to the expiration date of a recovery residence's certification.

   3. 3. A process for submission and investigation of complaints regarding recovery residences, including:

      1. a. A process for residents of recovery residences to report certain complaints directly to the Department, including a timeframe for the Department to respond to such complaints.
      2. b. A process and timeframe for credentialing entities to report sanctions of recovery residences to the Department.
      3. c. A standardized internal grievance escalation protocol for complaints submitted to the operator of recovery residences and credentialing entities, including criteria for mandatory referral of certain complaints to the appropriate authority.
   4. 4. A prohibition on the use of non-disclosure agreements that conflict with submission and investigation of complaints regarding recovery residences as permitted pursuant to 42 C.F.R. Part 2.

   5. 5. Protocols for prohibiting the consumption or possession of any marijuana or marijuana products by residents of recovery residences.

      Such regulations shall align with national best practice standards appropriate for the level of support provided by recovery residences.

9. I. The Board shall, in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), promulgate regulations to establish a process for operators of recovery residences to apply for certification independently or in conjunction with a credentialing entity. Such process shall include provisions for credentialing entities to share information required for certification and certification renewal with the Department on behalf of the recovery residence that is applying for certification with such entity, including application forms, policies and procedures, and inspection reports.

2019, c. 220; 2022, cc. 732, 755; 2024, c. 30; 2025, c. 608; 2026, cc. 1000, 1079.