Terms as used in this chapter shall have the following meanings:
CABINET. The Kentucky Cabinet for Health and Family Services.
CERTIFYING ORGANIZATION.
(1) The Kentucky Recovery Housing Network;
(2) The National Alliance for Recovery Residences;
(3) Oxford House, Inc.; and
(4) Any other organization that develops and administers professional certification programs requiring minimum standards for the operation of recovery residences that has been recognized and approved by the Cabinet for Health and Family Services.
LOCAL GOVERNMENT. A city, county, urban-county government, consolidated local government, charter county government, or unified local government.
MEDICATION FOR ADDICTION TREATMENT. The use of pharmacological agents approved by the United States Food and Drug Administration for the treatment of substance use disorders in combination with counseling and other behavioral health therapies to provide a whole-patient approach to the treatment of substance use disorders.
RECOVERY RESIDENCE. Any premises, place, or building that:
(1) Holds itself out as a recovery residence, recovery home, sober living residence, alcohol, illicit drug, and other intoxicating substance-free home for unrelated individuals, or any other similarly named or identified residence that promotes substance use disorder recovery through abstinence from intoxicating substances;
(2) Provides a housing arrangement for a group of unrelated individuals who are recovering from substance use disorders or to a group of parents who are recovering from a substance use disorder and their children, including peer-to-peer supervision models; and
(3) Is not licensed or otherwise approved by the Cabinet or any other agency of state government to provide any medical, clinical, behavioral health, or substance use treatment service for which a license or other approval is required under state law.
RECOVERY SUPPORT SERVICES.
(1) Activities that are directed primarily toward recovery from substance use disorders and includes but is not limited to mutual aid self-help meetings, recovery coaching, spiritual coaching, group support, and assistance in achieving and retaining gainful employment; and
(2) Does not include any medical, clinical, behavioral health, or other substance use treatment service for which a license or other approval is required under state law.
(Ord. 01-2024, passed 1-16-2024)
(A) (1) Effective March 15, 2024, no individual or entity shall, except as provided in division (B) of this section, establish, operate, or maintain a recovery residence, recovery home, sober living residence, alcohol, illicit drug, and other intoxicating substance-free home for unrelated individuals, or any other similarly named or identified residence that promotes substance use disorder recovery through abstinence from intoxicating substances or represent, promote, advertise, or otherwise claim to operate a recovery residence, recovery home, sober living residence, alcohol, illicit drug, and other intoxicating substance-free home for unrelated individuals, or any other similarly named or identified residence that promotes substance use disorder recovery through abstinence from intoxicating substances unless that individual or entity has:
(a) Been certified by a certifying organization; and
(b) Provided proof of certification by a certifying organization to the city in a form and manner prescribed by the city.
(2) The provisions of this division (A) shall not apply to:
(a) A recovery residence that is recognized as a part of the Recovery Kentucky Program administered by the Kentucky Housing Corporation; or
(b) A recovery residence that is:
1. Owned or operated by an entity that is exempt, in part or in whole, pursuant to 42 U.S.C. sec. 3607 or 12187 from compliance with the Americans with Disabilities Act, Pub. L. No. 101-336, or the Fair Housing Act, Pub. L. No. 100-430; and
2. Affiliated with a religious institution that is organized under 26 U.S.C. sec. 501(c) for charitable religious purposes; unless the recovery residence accepts Medicare or Medicaid funds.
(B) Notwithstanding division (A) of this section:
(1) A recovery residence operating without certification from a certifying organization on March 15, 2024, shall be permitted to continue to operate until June 30, 2024, if the recovery residence provides the city with proof that it initiated a certification process with a certifying organization prior to March 15, 2024; and
(2) A recovery residence that seeks to begin operating after March 15, 2024, may be permitted by the city to operate for a period of not more than six months if the recovery residence provides the city with proof that it has initiated a certification process with a certifying organization.
(Ord. 01-2024, passed 1-16-2024)
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