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Tennessee General Assembly· SB 1240Signed by Governor.

Mental Health & Substance Abuse Services, Dept. of - As enacted, revises present law relative to recovery residences and alcohol and drug prevention or treatment facilities under certification by the department. - Amends, the official text

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                             PUBLIC CHAPTER NO. 406

                                                    SENATE BILL NO. 1240

                                                By Jackson, Bailey, Bowling

                                           Substituted for: House Bill No. 1351

                                                            By Littleton

AN ACT to amend Tennessee Code Annotated, Title 5; Title 6; Title 7; Title 13; Title 33; Title 47;
          Title 63 and Title 68, relative to addiction services.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 33-2-1401, is amended by deleting
subdivisions (1) and (7) and substituting:

                    (1) "Alcohol and drug prevention or treatment facility" or "ADTF":

                              (A) Means an institution, treatment resource, rehabilitation center, hospital,
                    community mental health center, nonresidential office-based opiate treatment facility,
                    nonresidential substitution-based treatment center for opiate addiction, DUI school,
                    counseling center, or clinic providing alcohol and drug services; and

                              (B) Does not mean a DUI school operated by a state institution of higher
                    education or any facility otherwise licensed or certified by the department, including
                    certified recovery court programs, the department of health, a facility approved by the
                    department of education, or treatment programs operated by the department of
                    correction;

                    (7) "Recovery residence" means a residence classified as a single family residence,
          as defined in § 13-24-102, or any other premise, place, or building that provides a substance-
          free living environment centered on supervised, monitored, or peer-led support that assists
          individuals in recovery from substance use disorder with services that promote long-term
          recovery, including direct connection to other peers in recovery, mutual support groups, and
          recovery support services but does not provide any medical or clinical services, treatment, or
          medication administration on-site except for verification of abstinence; and

          SECTION 2. Tennessee Code Annotated, Section 33-2-1402(a), is amended by deleting the
subsection and substituting:

                    (a)(1) The commissioner shall select and approve organizations meeting the
                    minimum standards as described in§ 33-2-1404.

                              (2) The department shall establish and maintain on its website a list of
                    organizations selected and approved by the commissioner.

                              (3) The department is authorized to promulgate rules to effectuate this
                    subsection (a). The rules must be promulgated in accordance with the Uniform
                    Administrative Procedures Act, compiled in title 4, chapter 5.

          SECTION 3. Tennessee Code Annotated, Title 33, Chapter 2, Part 14, is amended by adding
the following as a new section:

           33-2-1404. Minimum standards for certification.
SB 1240

         (a) An organization selected and approved by the commissioner and performing
certification of recovery residences in this state shall adopt the following minimum standards
as part of the certification:

                  (1) Consistent and fair practices for drug and alcohol testing, including
         frequency of such testing, that promote recovery;

                  (2) Policies and procedures for the recovery residence to maintain an
         environment that promotes the safety of the surrounding neighborhood and the
         community at large;

                  (3) Policies and procedures for an exit plan for each resident living in the
         recovery residence that:

         (A) Respects the resident's choice;

                  (B) Addresses occasions where the resident must leave due to an
         emergency situation or relapse;

         (C) Offers relocation services to the resident; and

         (D) If possible, does not negatively impact the surrounding community;

         (4) A good neighbor policy to address neighborhood concerns and complaints;

                  (5) A requirement that the operator of each recovery residence have available
         for emergency personnel an updated list of current medications and medical
         conditions of each resident living in the home;

                  (6) A policy that ensures residents are informed of all recovery residence
         rules, residency requirements, and resident agreements;

                  (7) Policies and procedures for the management of all monies received and
         spent by the recovery residence in accordance with standard accounting practices,
         including monies received from the residents of the recovery residence;

                  (8) Policies requiring abstinence from alcohol, illicit drugs, and certain nonillicit
         drugs, including Kratom;

                  (9) Policies regarding the maintenance of recovery residences, including the
         installation of functioning smoke detectors, carbon monoxide detectors, fire
         extinguishers, and compliance with local fire codes applicable to comparable
         dwellings occupied by single families;

         (10) Policies and procedures that:

                  (A) Prohibit a recovery residence owner, employee, or administrator
         from requiring a resident to sign any document for the purpose of relinquishing
         the resident's public assistance benefits, including medical assistance
         benefits, cash assistance, and supplemental nutrition assistance program
         benefits, compiled in title 71; and

                  (B) Define ethical financial policies for the management of resident
         funds and rent payments;

                  (11) Requirements for the notification of a family member or other emergency
         contact designated by a resident under certain circumstances, including death due to
         an overdose;

                  (12) Policies and procedures that prohibit overnight visitors who are not bona
         fide residents of the recovery residence except for the residents' children who may be
         allowed overnight visits on a temporary basis when the resident is the custodial
         parent or in compliance with a reunification plan;

         (13) Policies and procedures providing for the safety of residents and

         prohibiting violence, weapons, and other disruptive behavior, including appropriate

         responses for such violations;      •

                  (14) Requirements for sharing physical locations and addresses of recovery
         residences with local governments, police departments, fire departments, emergency

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SB 1240

                    services officials, and health officials. Such requirements should be utilized when the
                    physical location and address of the recovery residence is not identifiable to the
                    public at large as a recovery residence irrespective of whether the physical address is
                    a public record; and

                              (15) Policies and procedures that mandate and define:
                                        (A) An ethical code of conduct for owners, employees, and volunteers

                              of a recovery residence;
                                        (8) Prohibited conflicts of interest; and
                                        (C) A residents' rights and a grievance procedure.

                    (b) Except as provided in subsection (c), a recovery residence seeking certification
          from an organization is subject to the minimum standards established in subsection (a).

                    (c) A recovery residence that is certified by an organization prior to January 1, 2026,
          is not required to comply with the minimum standards established in this section but instead
          remains subject to the certification standards in effect prior to January 1, 2026, until the
          earlier of:

                              (1) The date of its certification renewal, if such renewal occurs on or after July
                    1, 2026; or

                              (2) January 1, 2027.
                    (d) Certification may be valid for no more than three (3) years.
                    (e) Notwithstanding subsection (d), each recovery residence must undergo a physical
          site inspection by the certifying organization at least annually for the recovery residence's
          certification to remain in good standing.
                    (f) This section does not apply to any residence or facility licensed by the department.
                    (g) The physical address.. and location of a recovery residence is __ not subject to
          disclosure under title 10, chapter 7, part 5.
          SECTION 4. The heading in this act is for reference purposes only and does not constitute a
part of the law enacted by this act. However, the Tennessee Code Commission is requested to
include the heading in any compilation or_publi9_ation containing this act.
          SECTION 5. If any provision of this act or its application to any person or circumstance is
held invalid, then the invalidity does not affect other provisions or applications of the act that can be
given effect without the invalid provision or application, and to that end, the provisions of this act are
severable.
          SECTION 6. For the purposes of promulgating rules, this act takes effect upon becoming a
law, the public welfare requiring it. For all other purposes, this act takes effect January 1, 2026, the
public welfare requiring it.

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         SENATE BILL NO. 1240

PASSED:  April 21, 2025

         U- ~ hr"' ]s)e-,, '-
                         \     RANDY McfLLY

                               SPEAKER OF THE S-NATE

                         CAMERON SEXTON, SPEAKER
                         HOUSE OF REPRESENTATIVES

~ APPROVED this ?,-ft..day of  2025

            ~ _,.

         BILL LEE, GOVERNOR
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