BILL NUMBER: AB 972	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2011

INTRODUCED BY   Assembly Members Butler and Beall

                        FEBRUARY 18, 2011

   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 972, as amended, Butler. Substance abuse: treatment facilities.

   Existing law provides for the licensure, certification, and
regulation of alcoholism or drug  use   abuse
 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, 2014, revise this 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 medical services within a residential facility that does 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.  
   This bill would, until January 1, 2017, revise the definition of
an alcoholism or drug abuse recovery or treatment facility to include
a facility that provides a medical program exclusively to residents
of the facility, as specified, and that is accredited by a nationally
recognized accrediting organization. 
   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
that does 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.   or
detoxification services, including a facility that provides a medical
program exclusively to residents of the facility pursuant to
subdivision (e) and that is accredited by a nationally recognized
accrediting organization. 
   (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 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) An alcoholism or drug abuse recovery or treatment facility may
provide medical services by a multidisciplinary team, including a
physician, exclusively to residents of the facility for the purpose
of assisting in detoxification and recovery. The medical services
provided under this subdivision shall be limited to the following:
 
   (1) Medical evaluation, psychiatric counseling, and prescription
of medications for assistance with detoxification.  
   (2) Additional psychiatric evaluation and counseling, if
necessary.  
   (3) Prescribing and monitoring of medications, including public
health inoculations.  
   (4) Obtaining medical histories and routine examinations for
general oversight of the medical condition of residents within the
facility.  
   (5) Routine, noninvasive testing, including drawing blood samples
for laboratory examination and testing offsite.  
   (e) 
    (f) Nothing contained in this section shall be construed
to permit the state or a local governmental entity to require the
provision of medical services  onsite  within a
facility  as a condition of licensure, funding, or other
regulatory supervision. 
   (f) 
    (g)   This section shall remain in effect only until
January 1,  2014     2017  , and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1,  2014   2017  ,
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" 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 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, 
2014   2017  .