Your rights in a drug or alcohol treatment program

This page is general information, not legal advice. Do Not Lose Hope is not a treatment program or a law office.

What rights do I have in every licensed program?

California's personal rights rule for licensed residential alcohol and drug programs lists six rights. The program must tell you about them in person and give you a copy at admission (9 CCR 10569; DHCS 5080):

1. Privacy. Your treatment information is protected under federal law, 42 CFR Part 2.
2. Dignity. Staff and others must treat you with dignity.
3. A safe place. Your housing must be safe, healthy and reasonably comfortable for your needs.
4. No abuse. You have the right to be free from intellectual, emotional and physical abuse.
5. Know how to complain. The program must tell you the rules on complaints, including how to reach DHCS.
6. Religious choice. You may attend religious services of your choice and see a spiritual advisor, as long as it does not conflict with program rules. Taking part in religious services must be voluntary.

That last point matters. A program cannot force you to pray or attend services as a condition of care.

You sign a form that says you were told your rights and got a copy. Keep your copy. If you did not get one, ask for it.

Can a program refuse me because I take medicine for addiction?

Not for that reason alone. A licensed California facility may not deny you admission based only on a valid prescription for an FDA approved medicine used to treat a substance use disorder. Every licensed facility must also keep at least two unexpired doses of naloxone on site, with a trained staff member who knows where it is (Health and Safety Code 11834.26, checked October 21, 2026).

In county Drug Medi-Cal programs, a provider must give you your medicine even if you say no to counseling (DHCS BHIN 21-024, checked October 21, 2026). See Medication for addiction treatment.

Can they kick me out if I use again?

A new California law, AB 1037, took effect January 1, 2026. DHCS explains it this way (BHIN 26-006, February 9, 2026, checked October 21, 2026):

• A licensed program may not deny you admission only because you used or are under the influence.
• Admission agreements do not have to require abstinence.
• Every licensed program must have a written plan for when a resident returns to use, including on site.
• That plan does not have to end in discharge. The program must put first keeping you connected to some level of treatment.

So ask: "What is your return to use plan?" before you sign. If you are discharged, ask where they are referring you next.

Who can see my treatment records?

Substance use treatment records get stronger privacy protection than most health records. Under 42 CFR Part 2, they generally cannot be used to investigate or prosecute you without your written consent or a court order. A subpoena alone is not enough (HHS, checked October 19, 2026).

Before you sign a release, read who it lets the program share with, what it covers and for how long. You can say no to a release that is not needed for your care. You also have the right to see and get a copy of your health records, and to ask for corrections (HHS, checked October 21, 2026).

If you are an immigrant, see Is it safe to get help for drug or alcohol use if I am an immigrant? and Will my therapist share my information with immigration?.

How do I file a complaint?

Start inside the program if it feels safe. Ask for the grievance process in writing. Your program must tell you how to complain.

Go to DHCS when you need an outside agency. DHCS investigates complaints about licensed or certified alcohol and drug programs, and about registered or certified counselors who break the code of conduct (DHCS, modified October 2, 2026). You can:

• file online with the DHCS complaint form
• email sudcomplaints@dhcs.ca.gov
• call (877) 685-8333 toll free, or (916) 322-2911
• fax (916) 440-5094
• mail: Department of Health Care Services, Licensing and Certification Division, P.O. Box 997413, MS 2601, Sacramento, CA 95899-7413

DHCS does not automatically tell you the result. You can ask for it when the investigation closes.

Note: the DHCS 5080 rights form you get may list older DHCS phone numbers. Use the numbers above, from the current DHCS complaint page.

What to include: the program's name and address, dates, what happened, who was involved, and any witnesses. Keep copies of what you send.

If there is danger right now, call 911.

What about sober living homes?

DHCS does not license or investigate sober living or transitional homes, unless the home provides services that need a license, such as detox or counseling. DHCS may open an investigation into an unlicensed home that provides 24 hour residential treatment services (DHCS). For problems with an unlicensed sober living home about rent, deposits or eviction, a local tenant or legal aid office may help.

What if Medi-Cal denies, cuts or delays my treatment?

That is a different process. You get a written notice, and you can appeal with the county plan within 60 days of the date on the notice. To keep getting treatment during the appeal, ask within 10 days of the notice date or before services stop, whichever is later (DHCS notice of rights, checked October 19, 2026). The same appeal rules apply to county drug treatment. Full steps: How to complain or appeal when Medi-Cal mental health or addiction care is denied.

In San Mateo County, the Office of Consumer and Family Affairs helps clients and families with grievances: (800) 388-5189 (San Mateo County Health). In Santa Clara County, call the Member Rights Unit at (800) 704-0900 or (408) 793-5894.

Can I leave a program?

Ask before you start what happens if you leave early, and what your discharge plan would be. If a court, probation or a diversion program ordered your treatment, leaving can have legal consequences. Talk to your lawyer or probation officer first. If you are not a citizen and are in diversion, see Is a diversion program safe if I am not a citizen?.

Rights checklist

Questions people ask

Will complaining get me kicked out? San Mateo County's behavioral health system tells clients they will not be discriminated against for raising a problem or filing a grievance (San Mateo County BHRS brochure). If you are punished for complaining, add that to your DHCS complaint.

Do these rights apply to outpatient programs? The six personal rights above come from the rule for residential programs. The privacy rules and the DHCS complaint process cover licensed or certified programs more broadly.

Can my family call DHCS for me? The DHCS page does not limit who can file. Include as much detail as you can.

Do I lose these rights because I am undocumented? Nothing in the rights rule or the 5080 form depends on immigration status.

Who can help

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• DHCS Licensing and Certification complaints: (877) 685-8333, sudcomplaints@dhcs.ca.gov.
• San Mateo County Office of Consumer and Family Affairs: (800) 388-5189, OCFA@smcgov.org.
• Santa Clara County Behavioral Health Member Rights: (800) 704-0900 or (408) 793-5894.
• Health Consumer Alliance: 888-804-3536, free help with health coverage problems.
• 988 Suicide & Crisis Lifeline: call or text 988, or chat at 988lifeline.org.

You came to treatment to get well. You deserve to be safe and respected while you do.