BILL NUMBER: AB 631	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Leno

                        FEBRUARY 17, 2005

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 631, as introduced, 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 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.
   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 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. In
establishing that program, the department may adopt or adapt
applicable requirements of the Mobile Health Care Services Act
(Chapter 9 (commencing with Section 1765.101) of Division 2). 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, "mobile narcotic treatment
program" means a program in which interested and knowledgeable
physicians and surgeons provide addiction treatment services in a
commercial modular, as defined in Section 18012.5 or 18001.8, and in
which community pharmacies supply necessary medication both to these
physicians and surgeons 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) A physician and surgeon 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) A physician and surgeon in a mobile narcotic treatment program
may provide treatment for a maximum of 20 patients under the
appropriate United States Drug Enforcement Administration
registration. 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) The physicians and surgeons 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 such as levoalphacetylmethadol (LAAM) or
methadone.
   (4)  Mobile narcotic treatment programs, in conjunction with
primary licensed narcotic treatment programs, shall develop protocols
to prevent the diversion of methadone. The department may adopt
regulations to prevent the diversion of methadone.
   (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.