BILL NUMBER: AB 631	CHAPTERED  09/28/06

	CHAPTER  544
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2006
	PASSED THE SENATE  AUGUST 31, 2006
	PASSED THE ASSEMBLY  AUGUST 31, 2006
	AMENDED IN SENATE  AUGUST 28, 2006
	AMENDED IN ASSEMBLY  MAY 26, 2005
	AMENDED IN ASSEMBLY  MARCH 30, 2005

INTRODUCED BY   Assembly Member Leno

                        FEBRUARY 17, 2005

   An act to add and repeal Section 11839.65 of the Health and Safety
Code, relating to narcotic treatment programs.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 631, Leno  Narcotic treatment programs: mobile service units.
   Existing law requires the State Department of Alcohol and Drug
Programs to license narcotic treatment programs to use replacement
narcotic therapy in the treatment of drug addicted persons and
prohibits a program from operating without a license. Existing law
requires the department to, among other things, establish and enforce
narcotic treatment program operation guidelines, inspect programs to
ensure that they are operating in accordance with the law and
adopted regulations, and charge and collect an annual license fee.
Existing law authorizes licensed narcotic treatment programs to use
methadone in replacement narcotic therapy.
   This bill would require the department, until January 1, 2010, to
establish a program for the operation and regulation of mobile
narcotic treatment programs. The bill would require a mobile narcotic
treatment program to hold a primary narcotic treatment program
license or be affiliated and associated with a primary licensed
narcotic treatment program.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 11839.65 is added to the Health and Safety
Code, to read:
   11839.65.  (a) The department shall establish a program for the
operation and regulation of mobile narcotic treatment programs. A
mobile narcotic treatment program established pursuant to this
section shall meet either of the following conditions:
   (1) Hold a primary narcotic treatment program license.
   (2) Be affiliated and associated with a primary licensed narcotic
treatment program. A mobile narcotic treatment program meeting the
requirement of this paragraph shall not be required to have a license
separate from the primary licensed narcotic treatment program with
which it is affiliated and associated.
   (b) For purposes of this section, the following terms have the
following meanings:
   (1) "Authorized staff" means program directors, medical directors,
program physicians, physician extenders, counselors, and other staff
as outlined in Sections 10095 to 10140, inclusive, of Title 9 of the
California Code of Regulations.
   (2) "Mobile narcotic treatment program" means a program in which
interested and knowledgeable physicians and surgeons, counselors, and
authorized licensed professionals provide addiction treatment
services, and through which medication may be obtained directly
through the manufacturer or through the affiliated licensed narcotic
treatment program for distribution to patients and through direct
administration and specified dispensing services.
   (c) Notwithstanding any other provision of law or regulation,
including Section 10020 of Title 9 of the California Code of
Regulations, a mobile narcotic treatment program that is affiliated
and associated with a licensed narcotic treatment program may be
approved by the department if all of the following conditions are
met:
   (1) Authorized staff may provide mobile office addiction services
only if each mobile office patient is registered as a patient in the
licensed narcotic treatment program and both the licensed narcotic
treatment program and the mobile narcotic treatment program ensure
that all services required under Chapter 4 (commencing with Section
10000) of Division 4 of Title 9 of the California Code of Regulations
for the management of narcotic addiction are provided to all
patients treated in the remote site.
   (2) The primary licensed narcotic treatment program shall be
limited to its total licensed capacity as established by the
department, including the patients of physicians in the mobile
narcotic treatment program.
   (3) Authorized staff in the mobile narcotic treatment program
shall dispense or administer pharmacologic treatment for narcotic
addiction that has been approved by the federal Food and Drug
Administration.
   (4) Mobile narcotic treatment programs, in conjunction with
primary licensed narcotic treatment programs, shall develop protocols
to prevent the diversion of medication. The department may adopt
regulations to prevent the diversion of medication.
   (d) In considering a mobile narcotic treatment program
application, the department shall independently weigh the treatment
needs and concerns of the county, city, or areas to be served by the
program.
   (e) Nothing in this section is intended to expand the scope of the
practice of pharmacy.
   (f) Mobile narcotic treatment programs shall be located at
predetermined sites that shall be approved by the department. All
support services provided to the mobile narcotic treatment programs
at the approved sites shall be approved by the department.
  (g) This section shall remain in effect only until January 1, 2010,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2010, deletes or extends that date.