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Addiction treatment marketing rules in California
What you can claim, how you can pay for referrals, and where California diverges from the federal floor. Derived from the live ruleset library.
Yes. California has its own addiction-treatment marketing law, and Pre-Trip carries it as a live, human-reviewed ruleset, last verified 2026-07-23. On top of the federal floor that applies everywhere (EKRA, 42 CFR Part 2, and the FTC Act), California adds state-specific limits on what you can claim and how you can pay for referrals. A clean pass here means the copy cleared both layers.
Cal. Health and Safety Code 11831.6 (SB 1228; no giving or receiving remuneration or anything of value for referral of a person seeking alcohol or other drug recovery or treatment services; covers lic
Every California scan also runs the always-on federal layer: 42 CFR Part 2 confidentiality and FTC endorsement rules in addic, Platform certification requirements for addiction treatment adve, EKRA referral remuneration in marketing copy, FTC deceptive health claims and endorsements. A ruleset counts toward a clean pass only while it is published, matches its content hash, and its review clock is fresh, which is why the date above is load-bearing.
The claim types California law puts off-limits in treatment marketing. Each is compiled from the cited section; the scanner reads your copy for them, and the patterns stay on the server.
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High riskPromises of cure or guarantees of treatment success for substance use disorder.
Promises of cure or guarantees of treatment outcome are false or misleading statements about services under HSC 11831.9 and false advertising under Bus. and Prof. Code 17500 and 17200. DHCS may investigate and sanction under HSC 11831.7 (civil penalty up to $2,000 per occurrence plus license or certification action).
Cal. HSC 11831.9 (false or misleading statements about services); Cal. Bus. and Prof. Code 17500, 17200
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High riskOffers of free or covered travel, airfare, lodging, or scholarship beds as an inducement to enter treatment.
Free travel or lodging offered to induce a person seeking recovery services to a referral is a thing of value for a referral under HSC 11831.6, which DHCS may sanction under HSC 11831.7, and is deceptive marketing under Bus. and Prof. Code 17500.
Cal. HSC 11831.6; HSC 11831.7
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High riskOffering to provide or arrange transportation to treatment or admission.
Providing or arranging transportation as an inducement is a thing of value connected to a referral under HSC 11831.6, sanctionable by DHCS under HSC 11831.7.
Cal. HSC 11831.6; HSC 11831.7
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FlagA directory, helpline, or placement service describing itself as independent, unbiased, or neutral in copy that routes callers to treatment providers.
An independence or neutrality claim by a service that in fact routes callers to paying providers is a false or misleading statement about services under HSC 11831.9 and false advertising under Bus. and Prof. Code 17500; HSC 11831.6 separately prohibits remuneration for those referrals.
Cal. HSC 11831.9; Cal. Bus. and Prof. Code 17500
The exposure California attaches to a marketing violation, by tier. Exact amounts and elements live in the cited statute.
- CivilCivil penalties per violation and deceptive-practices exposure. Amounts are in the cited section.
- LicenseAdvertising violations can trigger license discipline for the facility or the provider.
What the scanner does with two versions of the same idea. The flagged line is rendered the way Pre-Trip renders a finding; the clean line is a pass.
Our program guarantees your recovery from addiction, for good.
A promise of cure or a guaranteed outcome for substance use disorder. Outcomes cannot be guaranteed, and the claim is unsubstantiated on its face.
Cure and guarantee claims · Cal. HSC 11831.6 (referral remuneration)
Our program gives people the tools and the support to build lasting recovery.
Describes the service and the support without promising a guaranteed result.
Compensation for marketers, recruiters, or referral partners described as paid per admission, per patient, per referral, or per placement, or otherwise conditioned on the volume or value of patients delivered.. In California, HSC 11831.6 separately prohibits giving or receiving remuneration for a referral in both directions, sanctionable by DHCS under HSC 11831.7.
18 U.S.C. 220 makes paying or receiving remuneration for referrals to recovery homes, clinical treatment facilities, or labs a federal crime, up to $200,000 and 10 years per occurrence, and labeling t
California and federal sources
- Cal. HSC 11831.6 (referral remuneration) primary
- Cal. HSC 11831.7 (DHCS enforcement) primary
- Cal. HSC 11831.9 (false or misleading marketing; geographic locations) primary
- Cal. Bus. and Prof. Code 17500 (false advertising) primary
- Cal. Bus. and Prof. Code 17200 (UCL) primary
- 42 C.F.R. Part 2 (eCFR current text) primary
- 16 C.F.R. Part 255 Endorsement Guides primary
- HHS fact sheet, 42 CFR Part 2 Final Rule (2024)
- 15 U.S.C. 45d (OARFPA 2018) primary
Pre-Trip is a rigorous screen, not legal advice. Counsel decides; we help you arrive prepared. Coverage for California reflects the library as of the build and changes as the law does.