DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750. - 11975.]
Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4.
§§ 11750–11975 · 284 sections
PART 1. CREATION OF DUTIES §§ 11750–11759.5 · 30 sections
CHAPTER 1. General Provisions §§ 11750–11756.5 · 10 sections
- § 11750 (a) It is the intent of the Legislature that the administrative and programmatic functions of the State Department of Alcohol and Drug Programs be transferred…
- § 11751 (a) Except as provided in Section 131055.2, the State Department of Health Care Services shall succeed to and be vested with all the duties, powers, purposes,…
- § 11751.4 It is the intent of the Legislature to ensure the integrity of state alcohol and drug programs.
- § 11752 As used in this division, “department” means the State Department of Health Care Services and “director” means the Director of Health Care Services.
- § 11752.1 (a) “County board of supervisors” includes county boards of supervisors in the case of counties acting jointly. (b) “Agency” means the California Health and…
- § 11754 (a) The department shall be the single state agency authorized to receive any federal funds payable directly to the state by the Substance Abuse and Mental…
- § 11755 The department shall do all of the following: (a) Adopt regulations pursuant to Section 11152 of the Government Code. (b) Employ administrative, technical, and…
- § 11755.2 (a) The department may implement a program for the establishment of group homes for alcohol and other drug abusers as provided for in Section 300x-4a of Title… see note
- § 11756 The department relative to the statewide alcohol and other drug program, in addition to the duties provided for in Section 11755, shall do all of the…
- § 11756.5 (a) An alcoholism or substance use disorder recovery or treatment facility licensed under this division or an alcohol or other drug program certified by the…
CHAPTER 2. Alcohol and Drug Affected Mothers and Infants §§ 11757.50–11757.61 · 6 sections
- § 11757.50 This chapter shall be known and may be cited as the Alcohol and Drug Affected Mothers and Infants Act of 1990.
- § 11757.51 The Legislature finds and declares the following: (a) Many infants affected by alcohol or other drugs require neonatal intensive care because of low birth…
- § 11757.53 (a) The Office of Perinatal Substance Abuse is hereby established within the State Department of Health Care Services. For purposes of this chapter, “office”…
- § 11757.57 (a) The office may provide or contract for training regarding alcohol and other drug dependency to providers of health, social, educational, and support…
- § 11757.59 (a) Funds distributed under this chapter shall be used by counties to fund residential and nonresidential alcohol and other drug treatment programs for…
- § 11757.61 (a) A county that receives funds distributed under this chapter may establish a perinatal coordinating council that consists of persons who are experts in the…
CHAPTER 2.1. Women and Children’s Residential Treatment Services § 11757.65 · 1 section
- § 11757.65 (a) The Legislature hereby finds and declares both of the following: (1) The state has an interest in the women and children’s residential treatment services…
CHAPTER 2.5. Fatal Drug Overdose Information §§ 11758–11758.05 · 5 sections
- § 11758 The definitions contained in this chapter shall govern the construction of this chapter, unless the context requires otherwise.
- § 11758.02 It is the intent of the Legislature that the overdose information gathered pursuant to this chapter shall be used for the purpose of making decisions regarding…
- § 11758.03 For purposes of this chapter, the following terms have the following meanings: (a) “Coroner” means a person whose responsibilities include those described in…
- § 11758.04 (a) A coroner or medical examiner who evaluates an individual who died, in the coroner or medical examiner’s expert opinion, as the result of an overdose as a…
- § 11758.05 (a) The department shall use best efforts to utilize all of its relevant data regarding overdoses in the state to monitor and identify current trends of…
CHAPTER 3. County Plans and Negotiated Net Amount Contracts §§ 11758.10–11758.20 · 2 sections
- § 11758.10 (a) Within 60 days after notification of the final allocation of each fiscal year pursuant to Section 11814, the board of supervisors of each county requesting…
- § 11758.20 (a) The department shall negotiate contracts with each county that requests to enter into a contract to provide alcohol and other drug services. (b) The…
CHAPTER 4. Alcohol and Drug Treatment for Adolescents §§ 11759–11759.5 · 6 sections
- § 11759 This act shall be known, and may be cited, as the Adolescent Alcohol and Drug Treatment and Recovery Program Act of 1998. see note
- § 11759.1 The department, in collaboration with counties and providers of alcohol and other drug services, shall establish community-based nonresidential and residential… see note
- § 11759.2 The department, in collaboration with counties and providers of alcohol and other drug services, shall establish criteria for participation, programmatic… see note
- § 11759.3 Nothing in this chapter shall preclude regional approaches to service delivery by counties, including the utilization of community-based nonresidential and… see note
- § 11759.4 Not later than January 1 of each year, the department, in collaboration with the counties and providers of alcohol and other drug services, shall report to the… see note
- § 11759.5 This chapter shall become inoperative on July 1, 2013.
PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE §§ 11760–11872 · 246 sections
CHAPTER 1. General Provisions §§ 11760–11773.3 · 10 sections
ARTICLE 1. Statement of Problems Related to the Inappropriate Use of Alcoholic Beverages and Other Drug Use and the Reasons for and Limitations on State Government’s Role §§ 11760–11760.2 · 3 sections
- § 11760 The Legislature finds and declares that problems related to the inappropriate use of alcoholic beverages and other drug use adversely affect the general…
- § 11760.1 The Legislature recognizes that any efforts to address the problems related to inappropriate alcohol use and other drug use are greatly hindered by: (a) The…
- § 11760.2 The Legislature finds that state government has an affirmative role in alleviating problems related to the inappropriate use of alcoholic beverages and other…
ARTICLE 2. Coordination of Services §§ 11760.5–11760.6 · 2 sections
- § 11760.5 (a) The Legislature recognizes that substance use disorder should be viewed and treated as a health problem, as well as a public safety problem. The substance…
- § 11760.6 It is the intent of the Legislature that the department encourage the development of high quality, cost-effective services. It is further the intent of the…
ARTICLE 3. Departmental Powers and Duties and Limitations Thereof § 11772 · 1 section
- § 11772 (a) (1) The department may enter into agreements and contracts with any person or public or private agency, corporation, or other legal entity, including…
ARTICLE 4. Methamphetamine Deterrence Program §§ 11773–11773.3 · 4 sections
- § 11773 (a) Subject to Section 11773.1, the department shall develop and implement a statewide prevention campaign designed to deter the abuse of methamphetamine in… see note
- § 11773.1 (a) The department may accept voluntary contributions, in cash or in-kind, to pay for the costs of implementing the program under this article. Voluntary… see note
- § 11773.2 (a) Notwithstanding Section 11773.1, during the 2006–07 fiscal year, the department may develop and implement a limited campaign to deter the abuse of… see note
- § 11773.3 (a) Any funds that are not expended or encumbered for purposes of this article 730 days after being deposited into the California Methamphetamine Abuse… see note
CHAPTER 2. Relationship of the Department to Other Governmental Agencies and the Private Sector §§ 11775–11781.5 · 7 sections
ARTICLE 1. Federal Government § 11775 · 1 section
- § 11775 (a) Each year the department shall apply for federal block grant funds from the federal Substance Abuse and Mental Health Services Administration and may…
ARTICLE 2. Other State Agencies § 11776 · 1 section
- § 11776 The department shall confer and cooperate with other state agencies whose responsibilities include alleviating the problems related to inappropriate alcohol…
ARTICLE 3. The Legislature § 11777 · 1 section
- § 11777 The Legislature, subject to the Governor’s approval, has the sole authority under Section 12 of Article IV of the California Constitution to appropriate any…
ARTICLE 4. Counties § 11778 · 1 section
- § 11778 It is the intent of the Legislature that the department and the counties maintain a cooperative partnership to assure effective implementation of the…
ARTICLE 5. Private Sector § 11778.9 · 1 section
- § 11778.9 It is the intent of the Legislature that the department cooperate closely with individuals and organizations concerned with alleviating problems related to…
ARTICLE 7. Accessing Alcohol and Drug Recovery Programs for the Disenfranchised §§ 11781–11781.5 · 2 sections
- § 11781 The Legislature finds and declares all of the following: (a) Federal, state, and local governments have the responsibility and the expressed intent to provide…
- § 11781.5 The department shall provide direction to counties and to public and private organizations serving the target populations to increase access to alcohol and…
CHAPTER 3. Research §§ 11785–11787 · 3 sections
- § 11785 The Legislature recognizes the importance of encouraging research to study the biological aspects of, and the social factors contributing to, problems related…
- § 11786 The department may enter into contracts for special studies and research to develop the information needed for formulating policies that will reduce the…
- § 11787 The department may coordinate task forces and committees of subject-matter experts to assess and document successful practical applications suggested by…
CHAPTER 3.5. Resources and Information §§ 11788–11794.1 · 8 sections
- § 11788 The department, with the approval of the Secretary of the Health and Human Services Agency, may contract with any public or private agency for the performance…
- § 11789 (a) The department shall be a central information resource on alcohol and other drug use prevention and treatment programs and on research projects with…
- § 11790 The department, at the request of the county alcohol and drug program administrator, may assist local community organizations in initiating effective programs…
- § 11791 The department may develop and implement a mass media alcohol and other drug education program involving newspapers, radio, and television in order to provide…
- § 11792 (a) The department, in consultation with the State Department of Public Health, shall distribute informational materials on the care and treatment of infants…
- § 11793 The department may develop an objective program evaluation device or methodology and evaluate state-supported alcohol and other drug use prevention and…
- § 11794 The department shall, in consultation with the State Department of Education, screen and evaluate books, pamphlets, literature, movies, and other audiovisual…
- § 11794.1 It is the intent of the Legislature that the department, in collaboration with the State Department of Public Health and stakeholders in the medical and…
CHAPTER 3.6. Substance Use Disorder Workforce Development §§ 11794.5–11794.6 · 2 sections
- § 11794.5 (a) (1) On or before July 1, 2023, the State Department of Health Care Services shall develop a statewide substance use disorder (SUD) workforce needs…
- § 11794.6 (a) The Department of Health Care Access and Information may implement SUD workforce development programming, including, but not limited to, any of the…
CHAPTER 4. State-County Partnership §§ 11795–11819.1 · 31 sections
ARTICLE 1. General Provisions §§ 11795–11798.3 · 7 sections
- § 11795 (a) The board of supervisors of each county may apply to the department for funds for the purpose of alleviating problems in its county related to alcohol…
- § 11796 (a) (1) Two or more counties may jointly establish county alcohol and other drug programs pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of…
- § 11796.1 Except as provided in subdivision (b) of Section 11812, nothing in this part shall prevent any city or combination of cities from financing and administering…
- § 11797 (a) Funds allocated to the county pursuant to this part shall be used exclusively for county alcohol and other drug services as identified in the contract for…
- § 11798 (a) Counties that apply for funds to provide alcohol and other drug services shall prepare and submit a contract for alcohol and other drug services to the…
- § 11798.2 (a) A county with an approved contract for alcohol and other drug services shall bear the financial risk in providing any alcohol or other drug services to the…
- § 11798.3 The department shall review each county’s contract for alcohol and other drug services to determine that the contract complies with this division and with the…
ARTICLE 2. County Administration §§ 11800–11803 · 4 sections
- § 11800 (a) The board of supervisors shall designate a health-related county agency or department that shall administer the county alcohol and other drug program. The…
- § 11801 The alcohol and drug program administrator, acting through administrative channels designated pursuant to Section 11795, shall do all of the following: (a)…
- § 11802 (a) Money deposited in the county alcohol abuse education and prevention fund pursuant to Section 1463.25 of the Penal Code shall be jointly administered by…
- § 11803 If the county has an alcohol and other drug advisory board, the alcohol and drug program administrator, acting through administrative channels designated…
ARTICLE 3. County Advisory Board § 11805 · 1 section
- § 11805 Each county may have an advisory board on alcohol and other drug problems appointed by the board of supervisors. The advisory board may be independent, be…
ARTICLE 4. County Alcohol and Other Drug Program §§ 11810–11819.1 · 19 sections
- § 11810 It is the intent of the Legislature to provide maximum flexibility in the use of federal and state alcohol and other drug program funds. County government is…
- § 11811 Counties shall have broad discretion in the choice of services they utilize to alleviate the alcohol and other drug problems of specific population groups and…
- § 11811.1 (a) The major purpose of prevention and early intervention activities includes, but is not limited to, all of the following: (1) To facilitate positive change…
- § 11811.3 In addition to the services described in Section 11811, a county may provide other services or programs pursuant to this section, including, but not limited…
- § 11811.5 To the extent the activities meet the provisions for receipt of the federal block grant funds for prevention and treatment of substance use disorders described…
- § 11811.6 The department shall consult with county behavioral health directors, alcohol and drug program administrators, or both, in establishing standards pursuant to…
- § 11811.7 Services financed under this part shall: (a) Be provided on a voluntary basis only, except as provided in Article 1.5 (commencing with Section 5170) of Chapter…
- § 11811.8 The following costs shall not be eligible for state funding pursuant to this part: (a) The costs involved in a peace officer bringing a person in for 72-hour…
- § 11812 The following conditions apply to county expenditures of funds pursuant to this part: (a) Where the services specified in the contract for alcohol and other…
- § 11812.6 In addition to any other services authorized under this chapter, the department shall urge the county to develop within existing resources specific policies…
- § 11813 Nothing in this part shall prohibit a county from appropriating funds for alcohol and other drug programs and services in addition to the funds allocated by…
- § 11814 (a) The department shall issue allocations to contracting counties for alcohol and other drug programs. (b) In issuing allocations to contracting counties, it…
- § 11817.1 The department may reallocate among counties any unexpended federal funds that occur during the fiscal year in programs or services or any allocations either…
- § 11817.3 (a) There shall be an appropriation from the Budget Act to the department to fund programs and services to alleviate problems related to inappropriate alcohol…
- § 11817.6 Payments or advances of funds to counties or other state agencies, which are properly chargeable to appropriations to the department may be made by a…
- § 11817.8 (a) It is the intent of the Legislature that the state and the counties work together to minimize audit exceptions. Audit findings as contained in the…
- § 11818 (a) (1) Expenditures made by a county and a county’s provider that may be reimbursed using appropriated funds include salaries of personnel, approved…
- § 11818.5 (a) Counties shall submit a cost report reflecting the expenditure of funds expended pursuant to the county contract. An annual cost report for the fiscal year…
- § 11819.1 The Legislature recognizes the need for increased potential for coordination between county alcohol programs and local health system agencies established…
CHAPTER 5. State and County Relationships to Health Planning Agencies § 11820 · 1 section
ARTICLE 1. State Agencies § 11820 · 1 section
- § 11820 The Legislature recognizes the potential positive impact that federal, state, and local agencies can have on the alleviation of alcohol and other drug problems…
CHAPTER 6. Evaluation §§ 11825–11829 · 5 sections
ARTICLE 1. Statewide Evaluation §§ 11825–11826 · 2 sections
- § 11825 The department may establish reasonable criteria to evaluate the performance of programs and services that are described in the county contract for alcohol and…
- § 11826 The department may do all of the following: (a) Review and conduct evaluation studies of service delivery to clients in programs receiving state allocated…
ARTICLE 2. County Program Evaluation §§ 11827–11829 · 3 sections
- § 11827 The Legislature recognizes that local program effectiveness may be evaluated in a variety of ways, but should reflect the needs and priorities of the local…
- § 11828 Each county shall ensure the evaluation of all funded programs to determine whether they have achieved their objectives as determined in the planning process.…
- § 11829 The department may disseminate information about the evaluation projects to all counties and interested persons throughout the state in order to advance the…
CHAPTER 7. Quality Assurance §§ 11830–11831.9 · 9 sections
- § 11830 The department shall take the following goals and objectives into consideration in the implementation of this part: (a) The significance of community-based…
- § 11830.01 (a) The department’s death investigation policy shall be designed to ensure that a resident’s death is addressed and investigated by the department in a timely…
- § 11831 To the maximum extent possible, a reasonable effort to refer a client to other programs, facilities, or services is encouraged for any program or facility…
- § 11831.12 (a) A facility licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) shall disclose its license number and the date that the…
- § 11831.5 (a) An operator of a licensed alcoholism or drug abuse recovery or treatment facility, as defined in Section 11834.02, or a certified alcohol or other drug…
- § 11831.6 (a) The following persons, programs, or entities shall not give or receive remuneration or anything of value for the referral of a person who is seeking…
- § 11831.65 (a) A laboratory or certified outpatient treatment program that leases, manages, or owns housing units that are offered to individuals who concurrently utilize…
- § 11831.7 (a) The department may investigate allegations of violations of this chapter. The department may, upon finding a violation of this chapter or any regulation…
- § 11831.9 (a) The Legislature recognizes that consumers with substance use disorders have disabling conditions, and that these consumers and their families are…
CHAPTER 7.1. Certification of Alcohol and Other Drug Programs §§ 11832–11832.25 · 26 sections
- § 11832 (a) The department has the sole authority in state government to certify alcohol or other drug programs. (b) In administering this chapter, the department…
- § 11832.1 The department shall charge a fee for the certification of alcohol or other drug programs, in accordance with Chapter 7.3 (commencing with Section 11833.01).
- § 11832.2 (a) As used in this chapter, “alcohol or other drug program” or “program” means a business entity with a physical location in the State of California that…
- § 11832.3 (a) Except as provided in subdivision (b), any alcohol or other drug program shall be certified by the department in accordance with this chapter. (b) Any…
- § 11832.4 A person or entity applying for a certification pursuant to this chapter shall submit all of the following to the department: (a) A complete written…
- § 11832.5 (a) The department may issue a certification to an alcohol or other drug program upon all of the following: (1) Submission of a complete application, fees, and…
- § 11832.6 (a) A certification shall be valid for a period of two years from the date of issuance. (b) The department may renew a certification for subsequent two-year…
- § 11832.7 Except as provided in subdivision (b) of Section 11832.3, no person, firm, partnership, association, or local government entity shall establish, operate,…
- § 11832.8 (a) An alcohol or other drug program shall adopt policies and procedures that are consistent with this chapter and any regulations adopted pursuant to this…
- § 11832.9 (a) Alcohol and other drug programs that are certified in accordance with this chapter shall either offer medications for addiction treatment (MAT) directly to…
- § 11832.10 (a) The department shall have the sole authority in state government to establish the minimum qualifications of an alcohol or other drug program administrator…
- § 11832.11 (a) A program shall submit, in a form and manner determined by the department, a report to the department of any of the following events: (1) Death of any…
- § 11832.12 (a) The department shall conduct onsite visits for compliance at least once during each certification period. (b) The department may conduct announced or…
- § 11832.13 (a) The department may enter and inspect any building, or portion thereof, that contains an alcohol or other drug program and its records, at a reasonable…
- § 11832.14 (a) The director may suspend or revoke any certification issued under this chapter, as well as any other certification issued under this chapter held by the…
- § 11832.15 (a) Proceedings for the suspension, revocation, or denial of a certification under this chapter shall be conducted in accordance with Chapter 5 (commencing…
- § 11832.16 (a) The withdrawal of an application for a certification after it has been filed with the department shall not, unless the department consents in writing to…
- § 11832.17 A certification shall terminate by operation of law, prior to its expiration date, when any of the following conditions occur: (a) The program is sold or…
- § 11832.18 (a) If a program is alleged to be in violation of Section 11832.7, the department shall conduct a site visit to investigate the allegation. If the department…
- § 11832.19 (a) The director may bring an action to enjoin the violation of Section 11832.7 in the superior court in and for the county in which the violation occurred.…
- § 11832.20 (a) (1) In addition to the penalties of suspension or revocation of a certification issued under this chapter, the department may also levy a civil penalty for…
- § 11832.21 The civil and administrative remedies available to the department pursuant to this chapter are not exclusive, and may be sought and employed in any combination…
- § 11832.22 (a) Any alcohol or other program operating in a setting that is exempt from mandatory certification under subdivision (b) of Section 11832.3 may voluntarily…
- § 11832.23 (a) The department shall adopt regulations necessary to implement this chapter. (b) Notwithstanding the rulemaking provisions of the Administrative Procedure…
- § 11832.24 Any alcohol or other drug program certified by the department under the alcohol or other drug program certification standards developed in accordance with…
- § 11832.25 Notwithstanding Sections 11832.3 and 11832.7, any alcohol or other drug program that is not deemed certified pursuant to Section 11832.24 shall apply for…
CHAPTER 7.2. Personnel Requirements § 11833 · 1 section
- § 11833 (a) The department shall have the sole authority in state government to determine the qualifications, including the appropriate skills, education, training,…
CHAPTER 7.3. Licensing and Certification Program Funding §§ 11833.01–11833.04 · 4 sections
- § 11833.01 This chapter applies to all programs, facilities, or services certified pursuant to Chapter 7.1 (commencing with Section 11832) or licensed pursuant to Chapter…
- § 11833.02 (a) The department shall charge a fee to all programs for licensure or certification by the department, regardless of the form of organization or ownership of…
- § 11833.03 The Residential and Outpatient Program Licensing Fund is hereby established in the State Treasury. All fees, fines, and penalties collected from residential…
- § 11833.04 Notwithstanding the rulemaking provisions of the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2…
CHAPTER 7.4. Licensing and Certification Program Disclosures § 11833.05 · 1 section
- § 11833.05 (a) A program certified by the department pursuant to Chapter 7.1 (commencing with Section 11832) or a facility licensed by the department pursuant to Chapter…
CHAPTER 7.5. Licensing §§ 11834.01–11834.50 · 34 sections
ARTICLE 1. General Provisions §§ 11834.01–11834.18 · 12 sections
- § 11834.01 The department has the sole authority in state government to license adult alcohol or other drug recovery or treatment facilities. (a) In administering this…
- § 11834.015 (a) The department shall adopt the American Society of Addiction Medicine treatment criteria, or an equivalent evidence-based standard, as the minimum standard…
- § 11834.02 (a) As used in this chapter, “alcohol or other drug recovery or treatment facility” or “facility” means a premises, place, or building that provides…
- § 11834.025 (a) (1) As a condition of providing incidental medical services, as defined in subdivision (a) of Section 11834.026, at a facility licensed by the department,…
- § 11834.026 (a) As used in this section, “incidental medical services” means services that are in compliance with the community standard of practice and are not required…
- § 11834.03 (a) A person or entity applying for licensure shall file with the department, on forms provided by the department, all of the following: (1) A completed…
- § 11834.09 (a) (1) The department may issue a single license to operate an alcohol or other drug recovery or treatment facility upon receipt of a completed written…
- § 11834.10 (a) A licensee shall not operate an alcohol or other drug recovery or treatment facility beyond the conditions and limitations specified on the license. (b)…
- § 11834.15 The department may assess civil penalties in accordance with Sections 11834.31 and 11834.34.
- § 11834.16 A license shall be valid for a period of two years from the date of issuance. The department may extend the licensure period for subsequent two-year periods…
- § 11834.17 A city, county, city and county, or district shall not adopt or enforce a building ordinance or local rule or regulations relating to the subject of fire and…
- § 11834.18 (a) This chapter does not authorize the imposition of rent regulations or controls for licensed alcohol or other drug recovery or treatment facilities. (b)…
ARTICLE 2. Local Regulation §§ 11834.20–11834.25 · 6 sections
- § 11834.20 (a) The Legislature hereby declares that it is the policy of this state that each county and city shall permit and encourage the development of sufficient…
- § 11834.21 (a) Any person licensed under this chapter who operates or proposes to operate an alcohol or other drug recovery or treatment facility, the department or other…
- § 11834.22 An alcohol or other drug recovery or treatment facility which serves six or fewer persons shall not be subject to any business taxes, local registration fees,…
- § 11834.23 (a) Whether or not unrelated persons are living together, an alcohol or other drug recovery or treatment facility that serves six or fewer persons shall be…
- § 11834.24 A fire inspection clearance or other permit, license, clearance, or similar authorization shall not be denied to an alcohol or other drug recovery or treatment…
- § 11834.25 For the purposes of any contract, deed, or covenant for the transfer of real property executed on or after January 1, 1979, an alcohol or other drug recovery…
ARTICLE 2.5. Requirements for Licensees §§ 11834.26–11834.28 · 3 sections
- § 11834.26 (a) The licensee shall provide one of the following combinations of nonmedical services: (1) Recovery and treatment services. (2) Recovery, treatment, and…
- § 11834.27 (a) The department shall have the sole authority in state government to establish the appropriate minimum qualifications of the licensee or designated…
- § 11834.28 (a) No sooner than July 1, 2022, an alcohol or other drug recovery or treatment facility shall either offer medications for addiction treatment (MAT) directly…
ARTICLE 3. Offenses §§ 11834.30–11834.34 · 5 sections
- § 11834.30 A person, firm, partnership, association, corporation, or local governmental entity shall not operate, establish, manage, conduct, or maintain an alcohol or…
- § 11834.31 If a facility is alleged to be in violation of Section 11834.30, the department shall conduct a site visit to investigate the allegation. If the department’s…
- § 11834.32 (a) The director may bring an action to enjoin the violation of Section 11834.30 in the superior court in and for the county in which the violation occurred.…
- § 11834.33 When the department receives a complaint against an alcohol or other drug recovery or treatment facility licensed pursuant to this chapter, or against a…
- § 11834.34 (a) In addition to the penalties of suspension or revocation of a license issued under this chapter, the department may also levy a civil penalty for violation…
ARTICLE 4. Suspension and Revocation §§ 11834.35–11834.45 · 7 sections
- § 11834.35 Any employee or agent of the department upon presentation of proper identification, may enter and inspect any building, premises, and records, at a reasonable…
- § 11834.36 (a) The director may suspend or revoke any license issued under this chapter, as well as any other licenses issued under this chapter to operate an adult…
- § 11834.37 (a) Proceedings for the suspension, revocation, or denial of a license under this chapter shall be conducted in accordance with the provisions of Chapter 5…
- § 11834.38 Any license suspended pursuant to this chapter may be reinstated pursuant to Section 11522 of the Government Code.
- § 11834.39 (a) The withdrawal of an application for a license after it has been filed with the department shall not, unless the department consents in writing to the…
- § 11834.40 A license shall terminate by operation of law, prior to its expiration date, when any of the following conditions occur: (a) The licensee sells or otherwise…
- § 11834.45 The civil and administrative remedies available to the department pursuant to this chapter are not exclusive, and may be sought and employed in any combination…
ARTICLE 5. Regulations § 11834.50 · 1 section
- § 11834.50 The department shall adopt regulations to implement this chapter in accordance with the purposes required by Section 11835. These regulations shall be adopted…
CHAPTER 7.6. Licensing and Certification During Emergencies or Disasters §§ 11834.60–11834.63 · 4 sections
- § 11834.60 This chapter shall only apply to alcohol or other drug recovery or treatment facilities, as defined in Section 11834.02, and alcohol or other drug programs, as…
- § 11834.61 (a) An alcohol or other drug recovery or treatment facility or an alcohol or other drug program may request the department to place its license or…
- § 11834.62 Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret,…
- § 11834.63 If an alcohol or other drug recovery or treatment facility or an alcohol or other drug program subject to this chapter is licensed or certified by one or more…
CHAPTER 8. Regulations § 11835 · 1 section
- § 11835 (a) The purposes of any regulations adopted by the department shall be to implement, interpret, or make specific the provisions of this part and shall not…
CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs §§ 11836–11838.11 · 24 sections
- § 11836 (a) The department shall have the sole authority to issue, deny, suspend, or revoke the license of a driving-under-the-influence program. As used in this…
- § 11836.10 No person, firm, partnership, association, corporation, or local governmental entity shall operate, establish, manage, conduct, or maintain a…
- § 11836.11 The department shall require license renewal on a biennial basis.
- § 11836.12 Criteria for licensure of new or existing programs shall include all of the following: (a) Completion of a written application containing necessary and…
- § 11836.14 An initial license shall not be issued until all requirements identified in this chapter and in regulations adopted pursuant to this chapter have been met.
- § 11836.15 The department shall adopt regulations to implement this chapter, in accordance with the purposes and process required in Section 11835, which shall include,…
- § 11836.16 The State Department of Health Care Services shall adopt regulations for satellite offices of driving-under-the-influence programs. The regulations shall…
- § 11837 (a) Pursuant to the provisions of law relating to suspension of a person’s privilege to operate a motor vehicle upon conviction for driving while under the…
- § 11837.1 (a) In utilizing any program described in Section 11837, the court may require periodic reports concerning the performance of each person referred to and…
- § 11837.2 (a) (1) The court may refer persons only to licensed programs. Subject to these provisions, a person is eligible to participate in the program if the program…
- § 11837.3 (a) (1) Each county, through the county alcohol and drug program administrator, shall determine its ability to establish, through public or private resources,…
- § 11837.4 (a) No program, regardless of how it is funded, may be licensed unless all of the requirements of this chapter and of the regulations adopted pursuant to this…
- § 11837.5 (a) No person may participate in any program that has not been licensed by the department pursuant to this chapter. (b) The department shall charge reasonable…
- § 11837.6 (a) The major responsibility for assuring programmatic and fiscal integrity of each program rests with the county alcohol and drug program administrator of…
- § 11837.7 (a) The county alcohol and drug program administrator, or the advisory board acting through the county alcohol and drug program administrator, shall inform the…
- § 11837.8 (a) The department shall authorize each county alcohol and drug program administrator to retain, in an amount not in excess of that specified by the…
- § 11837.9 The participation of the probation department in a program established pursuant to this chapter shall be described in the amendment to the county plan.
- § 11838 (a) The Legislature encourages all counties to utilize the procedure described in this chapter, but recognizes that it is not feasible for every county to…
- § 11838.1 The department, in cooperation with the county and the Department of Motor Vehicles, shall establish uniform statewide reporting procedures and forms for the…
- § 11838.3 (a) The director may bring an action to enjoin any violation of Section 11836.10 in the superior court in and for the county in which the violation occurred.…
- § 11838.4 (a) Notwithstanding any other provision of this chapter, any person who violates Section 11836.10 may be assessed by the department an immediate civil penalty…
- § 11838.5 The civil, criminal, and administrative remedies available to the department pursuant to this article are not exclusive, and may be sought and employed in any…
- § 11838.10 The director may suspend or revoke any license issued under this chapter, or deny an application to renew a license or to modify the terms and conditions of a…
- § 11838.11 (a) Proceedings for the suspension, revocation, or denial of a license under this chapter shall be conducted in accordance with Chapter 5 (commencing with…
CHAPTER 10. Narcotic Treatment Programs §§ 11839–11839.34 · 37 sections
ARTICLE 1. Narcotic Treatment Programs §§ 11839–11839.22 · 25 sections
- § 11839 The department, with the approval of the Secretary of California Health and Human Services, may contract with any public or private agency for the performance…
- § 11839.01 (a) (1) Notwithstanding any other law, the department shall amend Chapter 4 (commencing with Section 10000) of Division 4 of Title 9 of the California Code of…
- § 11839.1 The Legislature finds and declares that it is in the best interests of the health and welfare of the people of this state to coordinate narcotic treatment…
- § 11839.2 The following medications are authorized for use in narcotic replacement therapy and medication-assisted treatment by licensed narcotic treatment programs: (a)…
- § 11839.3 (a) In addition to the duties authorized by other statutes, the department shall perform all of the following: (1) License the establishment of narcotic…
- § 11839.4 The department shall impose a civil penalty of one hundred dollars ($100) per day for a program that fails to timely submit a corrective action plan, or to…
- § 11839.5 In addition to the duties authorized by other provisions, the department shall be responsible for licensing narcotic treatment programs to use narcotic…
- § 11839.6 (a) The department shall establish a program for the operation and regulation of office-based narcotic treatment programs. An office-based narcotic treatment…
- § 11839.6.1 (a) No sooner than July 1, 2022, the department shall establish a program for the operation and regulation of mobile narcotic treatment programs. A mobile…
- § 11839.7 (a) (1) Each narcotic treatment program authorized to use narcotic replacement therapy in this state, except narcotic treatment research programs approved by…
- § 11839.8 The director may deny the application for initial issuance of a license if the applicant or any partner, officer, director, 10 percent or greater shareholder,…
- § 11839.9 (a) The director shall suspend or revoke any license issued under this article, or deny an application to renew a license or to modify the terms and conditions…
- § 11839.10 (a) The department shall cease review of an application for a license if either of the following occur: (1) An application for a license indicates, or the…
- § 11839.11 A narcotic treatment program license shall automatically terminate if the Substance Abuse and Mental Health Services Administration withdraws or revokes its…
- § 11839.12 Except as provided in Section 11839.16, proceedings for the suspension, revocation, or denial of a license or cessation of review of a renewal license under…
- § 11839.13 (a) The withdrawal of an application for a license after it has been filed with the department shall not, unless the department consents in writing to the…
- § 11839.14 For purposes of this article, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action that the…
- § 11839.15 The director may bring an action to enjoin the violation of Section 11839.7, or the violation of a departmental order issued pursuant to Section 11839.16, in…
- § 11839.16 (a) (1) The director shall, in addition to any other remedy, issue an order that prohibits a narcotic treatment program from admitting new patients or from…
- § 11839.17 (a) In cases where a program is closing and the licensed entity that has agreed to assume temporary operation of the closing program is unable to do so, the…
- § 11839.18 Any licensee may petition the director for waiver of licensure fees or late payment penalties for the current fiscal year based upon financial hardship. Prior…
- § 11839.19 (a) The department shall not license the establishment of a narcotic treatment program without a written application by the treatment facility that meets…
- § 11839.20 (a) It is the intent of the Legislature in licensing narcotic treatment programs to provide a means whereby the patient may be rehabilitated and will no longer…
- § 11839.21 The State Department of Health Services shall establish criteria for acceptable performance from those laboratories performing urinalysis or other body fluid…
- § 11839.22 The state department shall require a system to detect multiple registrations by narcotic treatment program patients.
ARTICLE 2. Narcotic Treatment Program Body Fluids Testing §§ 11839.23–11839.34 · 12 sections
- § 11839.23 The State Department of Health Services shall adopt and publish rules and regulations to be used in approving and governing the operation of laboratories…
- § 11839.24 Substance use testing for narcotic treatment programs operating in the state shall be performed only by a laboratory approved and licensed by the State…
- § 11839.25 Each laboratory in this state that performs the test referred to in Section 11839.24 shall be licensed by the State Director of Health Services. The…
- § 11839.26 The State Department of Health Care Services shall enforce this article and the rules and regulations adopted pursuant to this article.
- § 11839.27 The State Department of Health Services shall annually publish a list of approved and licensed laboratories engaging in the performance of tests referred to in…
- § 11839.28 Every laboratory that has been approved and for which a license has been issued shall be periodically inspected by a duly authorized representative of the…
- § 11839.29 Any license issued pursuant to Section 11839.25 may be suspended or revoked by the State Director of Health Services. The State Director of Health Services may…
- § 11839.30 The State Director of Health Services may deny a license if any of the following apply to the applicant, or any partner, officer, or director thereof: (a) The…
- § 11839.31 The State Director of Health Services may suspend, revoke, or take other disciplinary action against a licensee as provided in this chapter, if the licensee or…
- § 11839.32 The State Director of Health Services may take disciplinary action against any licensee after a hearing as provided in this article by any of the following:…
- § 11839.33 All accusations against licensees shall be filed within three years after the act or omission alleged as the ground for disciplinary action, except that with…
- § 11839.34 After suspension or revocation of the license upon any of the grounds set forth in this article, the license shall not be reinstated or reissued within a…
CHAPTER 11. General Financial Provisions § 11841 · 1 section
ARTICLE 3. Other Revenues § 11841 · 1 section
- § 11841 (a) It is the intent of the Legislature that all programs funded under this part shall be partially self-supporting by raising revenues in addition to the…
CHAPTER 12. Registration of Narcotic, Alcohol, and Other Drug Use Programs §§ 11842–11845.5 · 5 sections
- § 11842 As used in this chapter, “substance use disorder program” means any program that provides any service of care, treatment, rehabilitation, counseling,…
- § 11842.5 As used in this chapter, a substance use disorder program includes, but is not limited to: (a) Residential programs that provide a residential setting and…
- § 11843 The county shall establish and maintain a registry of all narcotic and drug programs and alcohol and other drug programs within the county in order to promote…
- § 11843.5 Each narcotic and drug program and alcohol and other drug program in a county shall register annually with the county alcohol and drug program administrator by…
- § 11845.5 (a) The identity and records of the identity, diagnosis, prognosis, or treatment of any patient, which identity and records are maintained in connection with…
CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs §§ 11847–11856.5 · 23 sections
- § 11847 The Legislature hereby finds and declares that it is essential to the health and welfare of the people of this state that action be taken by state government…
- § 11847.1 The department shall consult with state and local health planning bodies and encourage and promote effective use of facilities, resources, and funds in the…
- § 11847.2 Any community alcohol and other drug service may by contract furnish community alcohol and other drug services to any other county.
- § 11847.3 The department shall, within available resources, consult with federal, state, and local agencies involved in the provision and delivery of services of…
- § 11847.4 The department shall provide technical assistance, guidance, and information to local governments and state agencies with respect to the creation and…
- § 11847.5 The department shall establish goals and priorities for all state agencies providing narcotic and alcohol and other drug services. All state governmental units…
- § 11847.6 The department shall, in the same manner and subject to the same conditions as other state agencies, develop and submit annually to the Department of Finance a…
- § 11848.5 (a) Once the negotiated rate with service providers has been approved by the county, all participating governmental funding sources, except the Medi-Cal…
- § 11849 Expenditures incurred pursuant to this part shall be in accordance with the regulations of the director and shall be subject to payment whether incurred by…
- § 11849.5 (a) In determining the amounts that may be paid, fees paid by persons receiving services or fees paid on behalf of those persons by the federal government, by…
- § 11850 The department shall coordinate all narcotic and alcohol and other drug services and related programs conducted by state agencies with the federal government,…
- § 11850.5 The department may require state agencies to contract with it for services to carry out the provisions of this division.
- § 11851 The department may accept and expend grants, gifts, and legacies of money, and, with the consent of the Department of Finance, accept, manage, and expend…
- § 11851.5 In addition to those expenditures authorized under Section 11851, expenditures shall include expenses incurred by members of the local advisory board on…
- § 11852.5 (a) Charges shall be made for services rendered to each person under a county contract in accordance with this section. Charges for the care and treatment of…
- § 11853 Counties are encouraged to contract with providers for the provision of alcohol and drug services. Counties shall comply with the regulations of the department…
- § 11853.5 (a) Any government entity that contracts with a privately owned recovery residence to provide recovery services, or an alcohol or other drug recovery or…
- § 11854 The department shall devise and implement, in consultation with the counties, a program reporting method to evidence county compliance with this part. Until…
- § 11854.5 Each county may establish standards that meet or exceed state standards for the treatment and operation of all county-operated and county-contracted alcohol…
- § 11855 Payments or advances of funds to cities, counties, cities and counties, or other state agencies, which funds are properly chargeable to appropriations to the…
- § 11855.5 (a) The department may charge a reasonable fee for the certification or renewal certification of a program that voluntarily requests the certification. The fee…
- § 11856 The department shall encourage the development of educational courses that provide core knowledge concerning alcohol and other drug problems and programs to…
- § 11856.5 The department shall conduct onsite monitoring and reviews of individual county-operated alcohol and other drug programs and alcohol and other drug program…
CHAPTER 14. Ethical Treatment for Persons with Substance Use Disorder §§ 11857–11857.5 · 6 sections
- § 11857 (a) This chapter shall be known, and may be cited, as the California Ethical Treatment for Persons with Substance Use Disorder Act. (b) The purpose of this…
- § 11857.1 The following definitions apply for purposes of this chapter: (a) “Certified treatment program” means a program certified pursuant to Chapter 7 (commencing…
- § 11857.2 (a) Every treatment provider operating in the state shall adopt, and make available to all clients and prospective clients, a client bill of rights that…
- § 11857.3 (a) Any marketing or advertising materials published or disseminated by a treatment provider shall provide accurate and complete information, in plain language…
- § 11857.4 (a) Every treatment provider shall maintain records of referrals made to or from recovery residences, including, if available, information about where the…
- § 11857.5 (a) (1) A treatment provider shall not request, receive, or retain payment for substance use disorder treatments provided to a client as a result of conduct…
CHAPTER 16. Opioid Antagonist on Premises of Stadiums, Concert Venues, and Amusement Parks §§ 11870–11872 · 3 sections
- § 11870 For purposes of this chapter, the following definitions apply: (a) “Amusement park” means a gated facility that requires a ticket for entry, has attendance…
- § 11871 (a) Each stadium, concert venue, and amusement park shall, at all times, maintain unexpired doses of naloxone hydrochloride or any other opioid antagonist on…
- § 11872 (a) (1) Notwithstanding any other law except for Division 5 (commencing with Section 6300) of the Labor Code and Chapters 3.2 (commencing with Section 330),…
PART 3. STATE GOVERNMENT’S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE USE OF ALCOHOL AND OTHER DRUGS §§ 11876–11975 · 8 sections
CHAPTER 1. General § 11876 · 1 section
ARTICLE 3. Narcotic Treatment Programs § 11876 · 1 section
- § 11876 The department shall inspect programs dispensing controlled substances described in subdivision (c) of Section 11839.2 to ensure that the programs are…
CHAPTER 2. Community Alcohol and Other Drug Use Control §§ 11970–11975 · 7 sections
ARTICLE 1. Comprehensive Drug Court Implementation Act of 1999 §§ 11970–11974 · 6 sections
- § 11970 (a) This article shall be known and may be cited as the Comprehensive Drug Court Implementation Act of 1999. (b) The State Department of Alcohol and Drug… see note
- § 11970.5 (a) This article shall be known and may be cited as the Drug Court Programs Act. (b) This section shall become operative on July 1, 2013.
- § 11971 (a) (1) At its option, a county may provide a program authorized by this article. A county that chooses to provide a program shall ensure that any funds used…
- § 11972 (a) Counties and courts that opt to have treatment court programs shall ensure the programs are designed and operated in accordance with state and national…
- § 11973 (a) It is the intent of the Legislature that dependency drug courts be funded unless an evaluation of cost avoidance as provided in this section with respect… see note
- § 11974 (a) Notwithstanding the rulemaking provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the…
ARTICLE 2. Drug Court Partnership Act of 2002 § 11975 · 1 section
- § 11975 (a) This article shall be known and may be cited as the Drug Court Partnership Act of 2002. (b) The Drug Court Partnership Program, as provided for in this… see note