BILL NUMBER: AB 2221	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 15, 2010
	AMENDED IN ASSEMBLY  APRIL 27, 2010
	AMENDED IN ASSEMBLY  APRIL 13, 2010

INTRODUCED BY   Assembly Member Beall

                        FEBRUARY 18, 2010

   An act to amend  , repeal, and add  Section 11834.02 of
the Health and Safety Code, relating to alcoholism or drug abuse
treatment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2221, as amended, Beall. Substance abuse: treatment facilities.

   Existing law provides for the licensure, certification, and
regulation of alcoholism or drug use recovery or treatment facilities
serving adults, administered by the State Department of Alcohol and
Drug Programs. These facilities are defined to mean any 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.
   This bill would  , until January 1, 2013,  revise the
above-described definition to also include any premises, place, or
building that provides a program, accredited by a nationally
recognized accrediting organization, that uses a multidisciplinary
team, as specified, to provide limited medical services within a
residential facility that do not require a health facility license,
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 any 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. As used in this chapter, "alcoholism or drug
abuse recovery or treatment facility" or "facility" also means any
premises, place, or building that provides a program, accredited by a
nationally recognized accrediting organization, that uses a
multidisciplinary team, including a physician and surgeon when
available, to provide medical services within a residential facility
 , limited to routine services within the scope of practice
of an addiction medicine specialist  that do not require a
health facility license, 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" include, but are not limited
to, all of the following:
   (1) Mothers over 18 years of age and their children.
   (2) Emancipated minors, which may include, but are 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. 
   (e) Nothing contained in this section shall be construed to permit
the state or a local governmental entity to require the provision of
medical services on site as a condition of licensure, funding, or
other regulatory supervision.  
   (f) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. 
   SEC. 2.    Section 11834.02 is added to the 
 Health and Safety Code   , to read:  
   11834.02.  (a)  As used in this chapter, "alcoholism or drug abuse
recovery or treatment facility" or "facility" means 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.
   (b)  As used in this chapter, "adults" include, but are not
limited to, all of the following:
   (1)  Mothers over 18 years of age and their children.
   (2)  Emancipated minors, which may include, but are 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.
   (e) This section shall become operative on January 1, 2013.