Cal. HSC § 11834.26 — California Code / Code hsc / Division 10.5 / Part 2 / Chapter 7.5 / Article 2.5 / Section 11834.26
Section 11834.26
Status: in_force

(a) The licensee shall provide one of the following combinations of nonmedical services:

(1) Recovery and treatment services.

(2) Recovery, treatment, and withdrawal management services.

(b) (1) A licensee with an existing license to provide detoxification-only services may provide those services before July 1, 2027.

(2) A license to provide detoxification-only services shall expire on July 1, 2027.

(3) The department shall not issue a new license to provide detoxification-only services, and shall not extend an existing license to provide detoxification-only services on or after July 1, 2027.

(c) The department shall adopt regulations requiring records and procedures that are appropriate for each of the services specified in subdivision (a). The records and procedures may include all of the following:

(1) Admission criteria.

(2) Intake process.

(3) Assessments.

(4) Recovery, treatment, or withdrawal management planning.

(5) Referral.

(6)  Documentation of provision of recovery, treatment, or withdrawal management services.

(7) Discharge and continuing care planning.

(8) Indicators of recovery, treatment, or withdrawal management outcomes.

(d) A licensee shall not deny admission to any individual based solely on either of the following:

(1) The individual having a valid prescription from a licensed health care professional for a medication approved by the federal Food and Drug Administration for the purpose of narcotic replacement treatment or medication-assisted treatment of substance use disorders.

(2) The individual having consumed, used, or otherwise been under the influence of alcohol or other drugs, as these circumstances represent symptoms of the condition of substance use disorders.

(e) A licensee shall develop a plan to address when a resident relapses, including when a resident is on the licensed premises after using alcohol or other drugs.

(1) The plan shall include details of how the treatment stay and treatment plan of the resident will be adjusted to address the relapse episode and how the resident will be treated and supervised while under the influence of alcohol or other drugs, as well as discharge and continuing care planning, including when a licensee determines that a resident requires services beyond the scope of the licensee.

(2) This subdivision does not require a licensee to discharge a resident, as relapse, lapses, and momentary reengagement with alcohol or other drugs are symptoms of the condition of substance use disorders.

(3) In developing a plan pursuant to this subdivision, the licensee shall prioritize the individual maintaining some level of connection to treatment and shall consider options to avoid complete disconnection of the resident from treatment.

(f) (1) The department shall have the authority to implement this section by bulletin or all-county or all-provider letter, after stakeholder input, until regulations are promulgated. The department shall promulgate regulations to implement this section no later than January 1, 2030.

(2) On and after July 1, 2027, a licensee that provides withdrawal management services shall provide those services as required in guidance issued by the department.

(g) (1) A licensee shall, at all times, maintain at least two unexpired doses of naloxone hydrochloride, or any other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, on the premises and shall, at all times, have at least one staff member on the premises who knows the specific location of the naloxone hydrochloride, or other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, and who has been trained on the administration of naloxone hydrochloride, or the other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, in accordance with the training requirements set forth by the department. Proof of completion of training on the administration of naloxone hydrochloride, or other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, shall be documented in the staff member’s individual personnel file.

(2) A trained staff member shall not be liable for damages in a civil action or subject to criminal prosecution for the administration, in good faith, of naloxone hydrochloride, or any other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, to a person appearing to experience an overdose. This paragraph shall not apply in a case where the person who renders emergency care treatment by the use of naloxone hydrochloride, or any other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an overdose, acts with gross negligence or engages in willful and wanton misconduct.

(h) In the development of regulations implementing this section, the written record requirements shall be modified or adapted for social model programs.