S.B. No. 437 aims to amend the Health and Safety Code regarding civil and administrative penalties for violations related to chemical dependency treatment facilities. The bill proposes to increase the maximum civil penalty to $25,000 for each day of violation and for each act of violation. It introduces new considerations for determining the penalty amount, including the facility's ability to pay and its capacity to continue providing services if its license is not revoked due to the violation. Additionally, the bill emphasizes the importance of assessing the economic impact of penalties on licensed individuals or entities.

The bill also modifies the criteria for assessing penalties by adding factors such as the degree of culpability in causing the violation and the efforts made to correct it. It removes the previous requirement to consider only the amount necessary to deter future violations. Furthermore, the commission is mandated to ensure that the administrative penalty schedules posted on its website are accurate and reflect the economic impact of penalties. The changes will apply only to violations occurring on or after the effective date of the Act, which is set for September 1, 2025.

Statutes affected:
Introduced: Health and Safety Code 464.017, Health and Safety Code 464.019 (Health and Safety Code 464)
Senate Committee Report: Health and Safety Code 464.017, Health and Safety Code 464.019 (Health and Safety Code 464)