BILL NUMBER: AB 631	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 30, 2005

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 amended, 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).
  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, "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  
knowledgeable physicians and surgeons, counselors, and authorized
licensed professionals provide addiction treatment services, and that
may obtain medication 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)  A physician and surgeon   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) 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. 
    (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)  The physicians and surgeons   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 
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  
medication  . The department may adopt regulations to prevent
the diversion of  methadone   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.