S 157

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No. 103. An act relating to recovery residence certification.
                                     (S.157)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 18 V.S.A. § 4802 is amended to read:
§ 4802. DEFINITIONS
   As used in this chapter:
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      (5) “Designated substance abuse counselor” means a person approved
by the Secretary to evaluate and treat substance abusers individuals with
substance use disorder, pursuant to the provisions of this chapter.
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      (12) “Recovery residence” means a shared living residence supporting
residents recovering from a substance use disorder that provides residents with
peer support, assistance accessing support services, and other community
resources related to substance use disorder.
      (13) “Secretary” means the Secretary of Human Services or designee.
      (13)(14) “Substance abuse crisis team” means an organization approved
by the Secretary to provide emergency treatment and transportation services to
substance abusers individuals with substance use disorder pursuant to the
provisions of this chapter.
      (14)(15) “Substance abuser” “Individual with substance use disorder”
means anyone who drinks alcohol or consumes other drugs to an extent or with
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a frequency that impairs or endangers his or her the individual’s health or the
health and welfare of others.
      (15)(16) “Treatment” means the broad range of medical, detoxification,
residential, outpatient, aftercare, and follow-up services which that are needed
by substance abusers individuals with substance use disorder and may include
a variety of other medical, social, vocational, and educational services relevant
to the rehabilitation of these persons.
Sec. 2. 18 V.S.A. § 4806 is amended to read:
§ 4806. DIVISION OF SUBSTANCE USE PROGRAMS
   (a) The Division of Substance Use Programs shall plan, operate, and
evaluate a consistent, effective program of substance use programs. All duties,
responsibilities, and authority of the Division shall be carried out and exercised
by and within the Department of Health.
   (b) The Division shall be responsible for the following services:
      (1) prevention and intervention;
      (2) [Repealed.]
      (3) project CRASH schools; and
      (4) alcohol and drug treatment; and
      (5) recovery residences.
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Sec. 3. 9 V.S.A. § 4452 is amended to read:
§ 4452. EXCLUSIONS
   (a) Unless created to avoid the application of this chapter, this chapter does
not apply to any of the following:
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   (b)(1) Notwithstanding subsections 4463(b) and 4467(b) and section 4468
of this chapter only, a recovery residence may immediately exit or transfer a
resident if all of the following conditions are met:
          (A) the recovery residence has developed and adopted a residential
agreement:
             (i) containing a written exit and transfer policy approved by the
Vermont Alliance for Recovery Residences or another certifying organization
approved by the Department of Health that:
                (I) addresses the length of time that a bed will be held in the
event of a temporary removal;
                (II) establishes the criteria by which a resident can return to the
recovery residence in the event of a temporary removal; and
                (III) ensures a resident’s possessions will be held not less than
60 days in the event of permanent removal;
             (ii) explaining the recovery residence’s program rules and social
standards;
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            (iii) designating alternative housing arrangements for the resident
in the event of an exit or transfer, including contingency plans when alternative
housing arrangements are not available;
            (iii)(iv) describing the recovery residence’s substance use policy,
which shall exempt the use of a resident’s valid prescription medication when
used as prescribed; and
            (iv)(v) indicating that by signing a residential agreement, a
resident acknowledges that the recovery residence may cause the resident to be
immediately exited or transferred to alternative housing if for behaving in a
manner that impacts the health or safety of other individuals residing, working,
or volunteering at the recovery residence, such as the resident violates
violating the recovery residence’s substance use policy, repeatedly refusing to
engage in services or programming, being charged with a criminal offense,
engaging in theft, materially interfering with the recovery of other residents, or
engages engaging in acts of violence that threaten the health or safety of other
residents, recovery residence staff, or volunteers;
          (B) the recovery residence has obtained the resident’s written consent
to its residential agreement, reaffirmed after seven days;
          (C) the resident violated behaved in a manner that impacted the
health or safety of other individuals residing, working, or volunteering at the
recovery residence, such as violating the recovery residence’s substance use
policy in the residential agreement, repeatedly refusing to engage in services or
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programming, being charged with a criminal offense, engaging in theft,
materially interfering with the recovery of other residents, or engaged engaging
in acts of violence that threatened threaten the health or safety of other
residents, recovery residence staff, or volunteers; and
          (D) the recovery residence has provided or arranged for a
stabilization re-engagement bed or other alternative temporary housing;
          (E) the recovery residence has provided written or electronic notice
to the resident containing the date and rationale for the temporary removal or
transfer and options for returning to the recovery residence; and
          (F) the recovery residence has established a grievance process
approved by the Vermont Alliance for Recovery Residences or another
certifying organization approved by the Department of Health.
      (2) Relapse of a substance use disorder resulting in exiting a recovery
residence shall not be deemed a cause of the resident’s own homelessness for
purposes of obtaining emergency housing.
      (3) Notwithstanding section 4460 of this chapter, a recovery residence
employee may enter the recovery residence at reasonable times as necessary to
carry out functions related to the operation of the recovery residence.
      (4) As used in this subsection, “recovery residence” means a shared
living residence supporting persons recovering from a substance use disorder
This subsection shall only apply to a recovery residence that:
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          (A) provides tenants with peer support and assistance accessing
support services and community resources available to persons recovering
from substance use disorders meets the definition of “recovery residence” in 18
V.S.A. § 4802; and
          (B) is certified by an organization approved by the Department of
Health and that is either a Vermont affiliate of the National Alliance for
Recovery Residences or another approved organization.
Sec. 4. 2024 Acts and Resolves No. 163, Sec. 5 is amended to read:
   Sec. 5. SUNSET; RECOVERY RESIDENCES; RESIDENTIAL
            AGREEMENT; REPORTING
   (a) 9 V.S.A. § 4452(b) is repealed on July 1, 2026. [Repealed.]
   (b) Sec. 4 (report; recovery residences’ exit and transfer data) is repealed
on July 1, 2026.
Sec. 5. RULEMAKING; RECOVERY RESIDENCE CERTIFICATION
   (a) On or before September 1, 2027, the Department of Health shall file an
initial proposed rule with the Secretary of State pursuant to 3 V.S.A.
§ 836(a)(2) for the purposes of establishing a voluntary recovery residence
certification program. At a minimum, the rule shall:
      (1) require that a recovery residence seeking certification from the State
comply with the certification standards of the Vermont Alliance for Recovery
Residences or another organization approved by the Department; and
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        (2) set forth data collection standards and reporting requirements for
certified recovery residences, including data elements and frequency, exit and
transfer data, and requirements for annual reporting from the Department to the
General Assembly that measure the program’s effectiveness.
   (b) The Department shall complete the rulemaking process and adopt a
permanent rule pursuant to 3 V.S.A. chapter 25 on or before December 1,
2028.
   (c) If the Department identifies the need for a fee to support the voluntary
recovery residence certification program described in this section, the
Department shall first propose the fee to the General Assembly and, if the
General Assembly chooses to enact it into law, may incorporate the fee into the
required rule.
Sec. 6. EFFECTIVE DATE
   This act shall take effect on July 1, 2026.
Date Governor signed bill: May 19, 2026
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