BILL NUMBER: AB 395	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 18, 2013

INTRODUCED BY   Assembly Member Fox
    (   Coauthor:   Assembly Member  
Chesbro   ) 

                        FEBRUARY 15, 2013

   An act to amend Section 11834.02 of the Health and Safety Code,
relating to alcohol and drug programs.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 395, as amended, Fox. Alcoholism and drug abuse treatment
facilities.
   Existing law requires the State Department of Alcohol and Drug
Programs to license adult alcoholism and drug abuse recovery or
treatment facilities, as defined.
   This bill would include in the definition of alcoholism and drug
abuse recovery and treatment facilities a premises, place, or
building that does not require a health facility license and that
provides a program, accredited by a nationally recognized accrediting
organization, that uses a multidisciplinary team  , as
specified,  to provide 24-hour residential medical services to
adults who are recovering from problems related to alcohol, drug, or
alcohol and drug misuse or abuse and who need alcohol, drug, or
alcohol and drug recovery treatment or detoxification services.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 11834.02 of the Health and Safety Code is
amended to read:
   11834.02.  (a)  As used in this chapter, "alcoholism or drug abuse
recovery or treatment facility" or "facility" means either of the
following:
   (1) A premises, place, or building that provides 24-hour
residential nonmedical services to adults who are recovering from
problems related to alcohol, drug, or alcohol and drug misuse or
abuse, and who need alcohol, drug, or alcohol and drug recovery
treatment or detoxification services.
   (2) A premises, place, or building that does not require a health
facility license and that provides a program, accredited by a
nationally recognized accrediting organization, that uses a
multidisciplinary team  , which includes a physician
knowledgeable about addiction medicine,  to provide 24-hour
residential medical services to adults who are recovering from
problems related to alcohol, drug, or alcohol and drug misuse or
abuse and who need alcohol, drug, or alcohol and drug recovery
treatment or detoxification services.
   (b)  As used in this chapter, "adults" includes, but is not
limited to, all of the following:
   (1)  Mothers over 18 years of age and their children.
   (2)  Emancipated minors, which may include, but is not limited to,
mothers under 18 years of age and their children.
   (c)  As used in this chapter, "emancipated minors" means persons
under 18 years of age who have acquired emancipation status pursuant
to Section 7002 of the Family Code.
   (d)  Notwithstanding subdivision (a), an alcoholism or drug abuse
recovery or treatment facility may serve adolescents upon the
issuance of a waiver granted by the department pursuant to
regulations adopted under subdivision (c) of Section 11834.50.