reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 4 - State-County Partnership › ARTICLE 4 - County Alcohol and Other Drug Program › Section 11818.

11818. (a) (1) Expenditures made by a county and a county’s provider that may be reimbursed using appropriated funds include salaries of personnel, approved facilities and services provided through contract, operation, maintenance, and service costs, depreciation of county facilities as established in the State of California’s Auditing Standards and Procedures for Counties, lease of facilities where there is no intention to, nor option to, purchase, and other expenditures that may be approved by the director.
(2) Expenditures made by a county and a county’s provider that may not be paid using appropriated funds include expenditures for initial capital improvement, the purchase or construction of buildings, except for equipment items and remodeling expenses as may be provided in regulations of the department, compensation to members of a local advisory board on drug programs, except actual and necessary expenses incurred in the performance of official duties, and expenditures for a purpose for which state reimbursement is claimed under any other law.
(b) (1) Except as provided in Chapter 3 (commencing with Section 11758.10), the cost of services specified in the county contract shall be based upon reimbursement of actual costs as determined with standard accounting practices. The county may enter into contracts with providers at actual cost or a negotiated rate. The provider shall make available to the county information on prior years’ actual cost of providing the services and actual revenues.
(2) (A) Providers that receive a combination of Medi-Cal funding and other federal or state funding for the same service element and location shall be reimbursed for actual costs as limited by Medi-Cal reimbursement requirements, as specified in Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), the Medicaid state plan, subdivisions (c) and (d) of Section 51516 of Title 22 of the California Code of Regulations, except that reimbursement for non-Medi-Cal reimbursable services shall not be limited by Medi-Cal rate requirements or customary charges to privately paying clients.
(B) For those providers who operate under a negotiated rate for non-Medi-Cal reimbursable services, the rates shall be treated as provisional rates, subject to yearend settlement of actual costs.
(Amended by Stats. 2012, Ch. 36, Sec. 43. (SB 1014) Effective June 27, 2012. Operative July 1, 2012, by Sec. 83 of Ch. 36.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 4 - State-County Partnership › ARTICLE 4 - County Alcohol and Other Drug Program › Section 11818.5.

11818.5. (a) Counties shall submit a cost report reflecting the expenditure of funds expended pursuant to the county contract. An annual cost report for the fiscal year ending June 30 shall be submitted to the department by November 1.
(b) Each county shall be responsible for reviewing its contracts with providers of services and the department may audit these contracts. The cost reports shall be reviewed by the department and interim settlements of claims shall be made expeditiously with each county. Final settlement shall be made at the time of audit, which shall be completed within three years of the date the cost report was accepted for interim settlement by the department. If the audit is not completed within three years, the interim settlement shall be considered as the final settlement.
(c) Counties shall report estimated numbers and characteristics of clients-participants by type of service and shall report actual numbers and characteristics of clients-participants served by type of service with the annual cost report. The department shall specify forms and procedures to be followed in reporting this information. The fiscal reporting system established pursuant to this section shall supersede the requirements of paragraph (2) of subdivision (b) of Section 16366.7 of the Government Code for a quarterly fiscal reporting system.
(Amended by Stats. 2012, Ch. 36, Sec. 44. (SB 1014) Effective June 27, 2012. Operative July 1, 2012, by Sec. 83 of Ch. 36.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 4 - State-County Partnership › ARTICLE 4 - County Alcohol and Other Drug Program › Section 11819.1.

11819.1. The Legislature recognizes the need for increased potential for coordination between county alcohol programs and local health system agencies established pursuant to Public Law 93-641. Therefore, the Legislature encourages a harmonious working relationship between local health system agencies and county alcohol programs.
(Repealed and added by Stats. 1984, Ch. 1328, Sec. 55.5.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 5 - State and County Relationships to Health Planning Agencies › ARTICLE 1 - State Agencies › Section 11820.

11820. The Legislature recognizes the potential positive impact that federal, state, and local agencies can have on the alleviation of alcohol and other drug problems through better coordinated planning and utilization of limited health resources. The Legislature encourages persons concerned with alcohol and other drug problems to become involved as much as possible in providing advice and comments on health plans of those agencies.
(Amended by Stats. 2012, Ch. 36, Sec. 45. (SB 1014) Effective June 27, 2012. Operative July 1, 2012, by Sec. 83 of Ch. 36.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 6 - Evaluation › ARTICLE 1 - Statewide Evaluation › Section 11825.

11825. The department may establish reasonable criteria to evaluate the performance of programs and services that are described in the county contract for alcohol and other drug abuse services.
(Amended by Stats. 2012, Ch. 36, Sec. 46. (SB 1014) Effective June 27, 2012. Operative July 1, 2012, by Sec. 83 of Ch. 36.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 6 - Evaluation › ARTICLE 1 - Statewide Evaluation › Section 11826.

11826. The department may do all of the following:
(a) Review and conduct evaluation studies of service delivery to clients in programs receiving state allocated funds.
(b) Conduct investigative reporting.
(c) Disseminate evaluation studies, reports, articles, and other reference documents.
(d) Evaluate the administration of county alcohol and other drug programs to determine whether the county provides for adequate administration of the county alcohol and other drug program.
(Amended by Stats. 2004, Ch. 862, Sec. 95. Effective January 1, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 6 - Evaluation › ARTICLE 2 - County Program Evaluation › Section 11827.

11827. The Legislature recognizes that local program effectiveness may be evaluated in a variety of ways, but should reflect the needs and priorities of the local community and attempt to measure the achievement of objectives determined through the planning process described in this part. The Legislature further recognizes that the conducting of these evaluations is essential to holding county alcohol and other drug programs accountable for their use of funds and increasing program effectiveness. The Legislature recognizes the beneficial results of the local evaluation process to those participating in this process.
The Legislature desires to encourage experimentation and diversity in the methods utilized by counties to evaluate the county alcohol and other drug programs’ achievement of their objectives, including, but not limited to, evaluations of individuals’ progress, changes in utilization rates, changes in community attitudes, and measurement of specific programmatic goals in order to advance our knowledge about the effectiveness of programs in alleviating alcohol and other drug problems.
(Amended by Stats. 2012, Ch. 36, Sec. 47. (SB 1014) Effective June 27, 2012. Operative July 1, 2012, by Sec. 83 of Ch. 36.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 6 - Evaluation › ARTICLE 2 - County Program Evaluation › Section 11828.

11828. Each county shall ensure the evaluation of all funded programs to determine whether they have achieved their objectives as determined in the planning process. In addition, recognizing the difficulty and expense of conducting effective county alcohol and other drug program evaluation, the department may assist counties in developing evaluation designs for implementation by counties to measure progress of alcohol or other drug users, changes in community attitudes toward inappropriate alcohol use and other drug problems, changes in the incidence and prevalence of alcohol and other drug problems within the county, or other objectives identified in the planning process. The department, in cooperation with counties that choose to participate, may assist and fund counties to implement the evaluation designs developed. Counties may contract with public or private agencies and utilize funds allocated under this part for purposes of conducting the evaluations.
(Amended by Stats. 2012, Ch. 36, Sec. 48. (SB 1014) Effective June 27, 2012. Operative July 1, 2012, by Sec. 83 of Ch. 36.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 6 - Evaluation › ARTICLE 2 - County Program Evaluation › Section 11829.

11829. The department may disseminate information about the evaluation projects to all counties and interested persons throughout the state in order to advance the knowledge of the field about these evaluation methodologies.
(Amended by Stats. 1984, Ch. 1328, Sec. 61.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7 - Quality Assurance › Section 11830.

11830. The department shall take the following goals and objectives into consideration in the implementation of this part:
(a) The significance of community-based programs to alcohol and other drug abuse recovery shall not be diminished.
(b) Opportunities for low-income and special needs populations to receive alcohol and other drug abuse recovery or treatment services shall be encouraged.
(Amended by Stats. 2023, Ch. 42, Sec. 22. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7 - Quality Assurance › Section 11830.01.

11830.01. (a) The department’s death investigation policy shall be designed to ensure that a resident’s death is addressed and investigated by the department in a timely manner.
(b) The telephonic and written reports of resident deaths occurring in a licensed facility that are required to be reported to the department shall include, but not be limited to, a description of the event or incident, including the time, location, and nature of the event or incident, a list of immediate actions that were taken, including persons contacted, and a description of the followup action that is planned, including, but not limited to, steps taken to prevent a future death.
(c) A telephonic report required under subdivision (b), which includes the event or incident and all information required under subdivision (b) that is known at the time of the report, shall be submitted to the department within one working day of the event or incident.
(d) A written report required under subdivision (b), which includes all information required under subdivision (b), shall be submitted to the department within seven calendar days of the event or incident.
(Added by Stats. 2014, Ch. 815, Sec. 1. (AB 2374) Effective January 1, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7 - Quality Assurance › Section 11831.

11831. To the maximum extent possible, a reasonable effort to refer a client to other programs, facilities, or services is encouraged for any program or facility which is unable to accept a client after initial assessment.
(Added by Stats. 1989, Ch. 919, Sec. 4.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7 - Quality Assurance › Section 11831.12.

11831.12. (a) A facility licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) shall disclose its license number and the date that the license is scheduled to expire in all of the following circumstances:
(1) To any person who inquires about the facility’s license in writing, verbally, electronically, or by any other method of communication between the person and the facility.
(2) By posting on the internet website of the facility in a clear and conspicuous manner the following language and a link to the department’s internet website that contains the facility’s license number and expiration date: “Licensed by the State Department of Health Care Services.”
(3) Included in any print, audio, or electronic advertising or marketing of the facility in a clear and conspicuous manner. For the purpose of complying with this paragraph, a facility may include the following language and a link to the department’s internet website that contains its license number and expiration date, as described in paragraph (2): “Licensed by the State Department of Health Care Services.”
(b) A program certified by the department pursuant to Chapter 7.1 (commencing with Section 11832) shall disclose its certification number and the date that the certification is scheduled to expire in all of the following circumstances:
(1) To any person who inquires about the certification of the program or the services provided by the program in writing, verbally, electronically, or by any other method of communication between the person and the program.
(2) By posting on the internet website of the program or the services provided by the program in a clear and conspicuous manner the following language and a link to the department’s internet website that contains its certification number and expiration date: “Certified by the State Department of Health Care Services.”
(3) Included in any print, audio, or electronic advertising or marketing of the program or the services provided by the program in a clear and conspicuous manner. For the purpose of complying with this paragraph, a program may include the following language and a link to the department’s internet website that contains its certification number and expiration date, as described in paragraph (2): “Certified by the State Department of Health Care Services.”
(Amended by Stats. 2023, Ch. 42, Sec. 26. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7 - Quality Assurance › Section 11831.6.

11831.6. (a) The following persons, programs, or entities shall not give or receive remuneration or anything of value for the referral of a person who is seeking alcoholism or drug abuse recovery or treatment services:
(1) An alcoholism or drug abuse recovery or treatment facility licensed under this part.
(2) An owner, partner, officer, or director, or shareholder who holds an interest of at least 10 percent in an alcoholism or drug abuse recovery or treatment facility licensed under this part.
(3) A person employed by, or working for, an alcoholism or drug abuse recovery or treatment facility licensed under this part, including, but not limited to, registered and certified counselors and licensed professionals providing counseling services.
(4) An alcohol or other drug program certified by the department in accordance with Chapter 7.1 (commencing with Section 11832).
(5) An owner, partner, officer, or director, or shareholder who holds an interest of at least 10 percent in an alcohol or other drug program certified by the department in accordance with Chapter 7.1 (commencing with Section 11832).
(6) A person employed by, or working for, an alcohol or other drug program certified by the department in accordance with Chapter 7.1 (commencing with Section 11832), including, but not limited to, registered and certified counselors and licensed professionals providing counseling services.
(b) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may, if it deems appropriate, implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions from the department, until regulations are adopted.
(Amended by Stats. 2023, Ch. 42, Sec. 29. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7 - Quality Assurance › Section 11831.65.

11831.65. (a) A laboratory or certified outpatient treatment program that leases, manages, or owns housing units that are offered to individuals who concurrently utilize laboratory or outpatient services shall maintain separate contracts for the housing. The contract shall clearly state that payment for housing is the responsibility of the individual and does not depend on insurance benefits. The contract shall include a repayment plan for any subsidized rent, and the laboratory or certified outpatient treatment program shall make a good faith effort to collect the debt. The offer for housing shall not depend on the individual’s agreement to receive services from either the laboratory or the certified outpatient treatment program.
(b) An alcoholism or drug abuse recovery or treatment facility licensed under this part shall only offer an individual discounted housing following discharge from the facility if all of the following conditions are met:
(1) The alcoholism or drug abuse recovery or treatment facility and the individual enter into a written contract for housing that is separate from the contract for treatment, if the individual also pursues outpatient treatment.
(2) The contract described in paragraph (1) includes a repayment plan for any subsidized rent, and the alcoholism or drug abuse recovery or treatment facility makes a good faith effort to collect the debt.
(3) The offer for housing is not dependent upon the individual’s agreement to attend outpatient treatment at a program that is owned or operated by the alcoholism or drug abuse recovery or treatment facility.
(c) An alcoholism or drug abuse recovery or treatment facility licensed under this part shall only offer transportation services to an individual who is seeking recovery or treatment services if all of the following conditions are met:
(1) Any ground transportation provided to an individual who is seeking recovery or treatment services is for a distance of less than 125 miles.
(2) Any air transportation provided to an individual who is seeking recovery or treatment services includes a return ticket that may be used by the individual upon discharge.
(3) A return ticket not used by an individual upon discharge is made available to the individual upon request for a period of one year following the individual’s discharge.
(d) This section does not prohibit a person, program, or entity from providing an individual educational or informational materials about community resources, including, but not limited to, housing assistance.
(Added by Stats. 2019, Ch. 811, Sec. 2. (AB 919) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7 - Quality Assurance › Section 11831.7.

11831.7. (a) The department may investigate allegations of violations of this chapter. The department may, upon finding a violation of this chapter or any regulation adopted pursuant to this chapter, do any of the following:
(1) Assess a penalty upon an alcoholism or drug abuse recovery or treatment facility licensed under this part.
(2) Suspend or revoke the license of an alcoholism or drug abuse recovery or treatment facility licensed under Chapter 7.5 (commencing with Section 11834.01), or deny an application for licensure, extension of the licensing period, or modification to a license. Article 4 (commencing with Section 11834.35) of Chapter 7.5 shall apply to any action taken pursuant to this paragraph.
(3) Assess a penalty upon an alcohol or other drug outpatient program certified by the department in accordance with Chapter 7.1 (commencing with Section 11832).
(4) Suspend or revoke the certification of an alcohol or other drug outpatient program certified by the department in accordance with Chapter 7.1 (commencing with Section 11832).
(5) Suspend or revoke the registration or certification of a counselor for a violation of this chapter.
(b) The department may investigate allegations against a licensed professional providing counseling services at an alcoholism or drug abuse recovery or treatment program licensed, certified, or funded under this part, and recommend disciplinary actions, including, but not limited to, termination of employment at a program and suspension and revocation of licensure by the respective licensing board.
(c) The department shall establish an enforcement program focused on the oversight duties of this chapter. Staff of the enforcement program shall have responsibilities including, but not limited to, all of the following:
(1) Provide the department with analytical support for the development and administration of this chapter.
(2) Provide the department with general oversight and monitoring focused on investigations and enforcement of this chapter.
(3) Provide the department with legal guidance in the interpretation of this chapter.
(d) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may, if it deems appropriate, implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions from the department, until regulations are adopted.
(Amended by Stats. 2023, Ch. 42, Sec. 30. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7 - Quality Assurance › Section 11831.9.

11831.9. (a) The Legislature recognizes that consumers with substance use disorders have disabling conditions, and that these consumers and their families are vulnerable and at risk of being easily victimized by fraudulent marketing practices that adversely impact the delivery of health care. To protect the health, safety, and welfare of this vulnerable population, an operator of a licensed alcoholism or drug abuse recovery or treatment facility, as defined in Section 11834.02, or a certified alcohol or other drug program, shall not do any of the following:
(1) Make a false or misleading statement or provide false or misleading information about the entity’s products, goods, services, or geographical locations in its marketing, advertising materials, or media, or on its internet website or on a third-party internet website.
(2) Make a false or misleading statement or provide false or misleading information about medical treatments or medical services offered in its marketing, advertising materials, or media, or on its internet website, on a third-party internet website, or in its social media presence.
(3) Include on its internet website a picture, description, staff information, or the location of an entity, along with false contact information that surreptitiously directs the reader to a business that does not have a contract with the entity.
(4) Include on its internet website false information or an electronic link that provides false information or surreptitiously directs the reader to another internet website.
(b) The department may investigate an allegation of a violation of this section and, upon finding a violation of this section, or any regulation adopted to enforce this section, may impose one or more of the sanctions described in Section 11831.7 in accordance with regulations adopted pursuant to that section.
(Amended by Stats. 2022, Ch. 172, Sec. 1. (SB 1165) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.1 - Certification of Alcohol and Other Drug Programs › Section 11832.

11832. (a) The department has the sole authority in state government to certify alcohol or other drug programs.
(b) In administering this chapter, the department shall issue certifications for a period of two years to those alcohol or other drug programs that meet the requirements set forth in this chapter.
(Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.1 - Certification of Alcohol and Other Drug Programs › Section 11832.1.

11832.1. The department shall charge a fee for the certification of alcohol or other drug programs, in accordance with Chapter 7.3 (commencing with Section 11833.01).
(Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.1 - Certification of Alcohol and Other Drug Programs › Section 11832.2.

11832.2. (a) As used in this chapter, “alcohol or other drug program” or “program” means a business entity with a physical location in the State of California that provides one or more of the following services to clients:
(1) Treatment services.
(2) Recovery services.
(3) Detoxification services.
(4) Medications for addiction treatment.
(b) An individual health care practitioner duly licensed and regulated under Division 2 (commencing with Section 500) of the Business and Professions Code, acting within the scope of their license or certificate is not a program as described in subdivision (a).
(Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.1 - Certification of Alcohol and Other Drug Programs › Section 11832.3.

11832.3. (a) Except as provided in subdivision (b), any alcohol or other drug program shall be certified by the department in accordance with this chapter.
(b) Any alcohol or other drug program operating in the following settings are exempt from certification under this chapter:
(1) Adult alcoholism or drug abuse recovery or treatment facilities, driving-under-the-influence programs, and narcotic treatment programs licensed by the department.
(2) Clinics licensed by the State Department of Public Health in accordance with Chapter 1 (commencing with Section 1200) of Division 2.
(3) Health facilities licensed by the State Department of Public Health in accordance with Chapter 2 (commencing with Section 1250) of Division 2.
(4) Community care facilities licensed by the State Department of Social Services in accordance with Chapter 3 (commencing with Section 1500) of Division 2.
(5) Residential care facilities for persons with chronic, life-threatening illness licensed by the State Department of Social Services in accordance with Chapter 3.01 (commencing with Section 1568.01) of Division 2.
(6) Residential care facilities for the elderly licensed by the State Department of Social Services in accordance with Chapter 3.2 (commencing with Section 1569) of Division 2.
(7) Adult day health care centers licensed by the State Department of Social Services in accordance with Chapter 3.3 (commencing with Section 1570) of Division 2.
(8) Public elementary and secondary schools as defined in the Education Code.
(9) County jails and state correctional institutions, including juvenile justice facilities.
(Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.1 - Certification of Alcohol and Other Drug Programs › Section 11832.4.

11832.4. A person or entity applying for a certification pursuant to this chapter shall submit all of the following to the department:
(a) A complete written application.
(b) A certification fee, as established in accordance with Chapter 7.3 (commencing Section 11833.01).
(c) An initial application fee.
(d) Any other documentation specified by the department.
(Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.1 - Certification of Alcohol and Other Drug Programs › Section 11832.5.

11832.5. (a) The department may issue a certification to an alcohol or other drug program upon all of the following:
(1) Submission of a complete application, fees, and documentation in accordance with Section 11832.4.
(2) Completion of an onsite review.
(3) Determination that the applicant can comply with this chapter and any regulations adopted pursuant to this chapter.
(b) The department shall terminate review of an application for either of the following reasons:
(1) Failure to comply with Section 11832.4.
(2) Prior revocation of an applicant’s certification issued by the department, or an adult alcoholism or drug abuse recovery or treatment facility license, within five years from the date of the application submission.
(c) Termination of review shall require submission of a new application.
(d) The department may deny the issuance of a certification for any of the following reasons:
(1) Failure of the applicant to demonstrate the ability to comply with this chapter or the regulations adopted pursuant to this chapter.
(2) Failure of the applicant to remedy any deficiency identified pursuant to this chapter or the regulations adopted pursuant to this chapter.
(3) Failure of the applicant to comply with this division or with Division 4 (commencing with Section 9000) of Title 9 of the California Code of Regulations.
(Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.1 - Certification of Alcohol and Other Drug Programs › Section 11832.6.

11832.6. (a) A certification shall be valid for a period of two years from the date of issuance.
(b) The department may renew a certification for subsequent two-year periods if, prior to the expiration date on the certification, an alcohol or other drug program submits a completed written application for renewal, pays the required fees, and remains in compliance with this chapter and any regulations adopted pursuant to this chapter, as determined by the department.
(c) Failure to submit to the department the required written application for renewal, or failure to submit to the department the required fees prior to the expiration date on the certification, shall result in the automatic expiration of the certification at the end of the two-year period.
(Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.1 - Certification of Alcohol and Other Drug Programs › Section 11832.7.

11832.7. Except as provided in subdivision (b) of Section 11832.3, no person, firm, partnership, association, or local government entity shall establish, operate, manage, conduct, or maintain an alcohol or other drug program within this state without first obtaining a certification pursuant to this chapter.
(Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.1 - Certification of Alcohol and Other Drug Programs › Section 11832.8.

11832.8. (a) An alcohol or other drug program shall adopt policies and procedures that are consistent with this chapter and any regulations adopted pursuant to this chapter.
(b) All policies and procedures shall be kept in an operation manual and address and include, at a minimum, all of the following:
(1) Admission and discharge.
(2) Client rights.
(3) Services.
(4) Medications.
(5) Staff and client code of conduct.
(Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.1 - Certification of Alcohol and Other Drug Programs › Section 11832.9.

11832.9. (a) Alcohol and other drug programs that are certified in accordance with this chapter shall either offer medications for addiction treatment (MAT) directly to clients, or have an effective referral process in place with narcotic treatment programs, community health centers, or other MAT providers.
(b) An effective referral process shall include an established relationship with an MAT provider and transportation to appointments for MAT. Providing contact information for an MAT provider does not meet the requirement of an effective referral.
(c) Certified alcohol and other drug programs shall implement and maintain an MAT policy approved by the department. The MAT policy shall do all of the following:
(1) Explain how a client receives information about the benefits and risks of MAT.
(2) Describe the availability of MAT at the program, if applicable, or the referral process for MAT.
(3) Identify an evidence-based assessment for determining a client’s MAT needs.
(4) Address administration, storage, and disposal of MAT, if applicable.
(5) Outline training for staff about the benefits and risks of MAT.
(6) Outline training for staff on the MAT policy.
(d) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section through the use of all-county letters, provider bulletins, or similar instructions, without taking any further regulatory action.
(Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.1 - Certification of Alcohol and Other Drug Programs › Section 11832.10.

11832.10. (a) The department shall have the sole authority in state government to establish the minimum qualifications of an alcohol or other drug program administrator and staff who provide any of the services identified in Section 11832.2.
(b) Nothing in this section shall be construed to apply to credentialing or licensing of individuals or to certification qualifications established pursuant to Chapter 7.2 (commencing with Section 11833).
(Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.1 - Certification of Alcohol and Other Drug Programs › Section 11832.11.

11832.11. (a) A program shall submit, in a form and manner determined by the department, a report to the department of any of the following events:
(1) Death of any person that occurs at the program.
(2) Injury of any client at the program that requires emergency medical treatment.
(3) Cases of communicable disease reportable under Sections 2500 and 2502 of Title 17 of the California Code of Regulations.
(4) Catastrophes such as flooding, tornado, earthquake, or any other natural disaster.
(5) Fires or explosions that occur in or on the premises.
(b) A program shall notify the department, in a timely manner, of any of the following:
(1) Change to the program’s organizational structure.
(2) Change in the program’s mailing address, facility telephone number, or email address.
(3) Change to the operational days and hours of the program, including any planned temporary pause in operations.
(Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.1 - Certification of Alcohol and Other Drug Programs › Section 11832.12.

11832.12. (a) The department shall conduct onsite visits for compliance at least once during each certification period.
(b) The department may conduct announced or unannounced site visits at any time to any alcohol or other drug program certified pursuant to this chapter to determine compliance with applicable statutes and regulations.
(Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.1 - Certification of Alcohol and Other Drug Programs › Section 11832.13.

11832.13. (a) The department may enter and inspect any building, or portion thereof, that contains an alcohol or other drug program and its records, at a reasonable time, with or without notice, to secure information regarding compliance with, or to prevent a violation of, this chapter or any regulation adopted pursuant to this chapter.
(b) Failure of an alcohol or other drug program to allow the department to enter and inspect the building and records shall result in the department taking legal action to gain entry by an inspection warrant issued pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure. The alcohol or other drug program shall pay for all costs associated with legal action required to gain entry.
(Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.1 - Certification of Alcohol and Other Drug Programs › Section 11832.14.

11832.14. (a) The director may suspend or revoke any certification issued under this chapter, as well as any other certification issued under this chapter held by the same person or entity, or deny an application for certification, renewal of a certification, or modification of a certification, upon any of the following grounds and in the manner provided in this chapter:
(1) Violation by the program of any provision of this chapter or regulations adopted pursuant to this chapter.
(2) Repeated violation by the program of any of the provisions of this chapter or regulations adopted pursuant to this chapter.
(3) Aiding, abetting, or permitting the violation of, or any repeated violation of, any of the provisions described in paragraph (1) or (2).
(4) Conduct in the operation of a program that is inimical to the health, morals, welfare, or safety of an individual receiving services from the program or to the people of the State of California.
(5) Misrepresentation of any material fact in obtaining certification, including, but not limited to, providing false information or documentation to the department.
(6) Refusal to allow the department entry into the building to determine compliance with the requirements of this chapter or regulations adopted pursuant to this chapter.
(7) Failure to pay any civil penalties assessed by the department.
(b) The director may temporarily suspend any certification, as well as any other alcohol or other drug program certification issued under this chapter held by the same person or entity, prior to any hearing when, in the opinion of the director, the action is necessary to protect individuals who receive services from any substantial threat to health or safety. The director shall notify the program of the temporary suspension and the effective date of the temporary suspension and at the same time shall serve the program with an accusation. Upon receipt of a notice of defense to the accusation by the program, the director shall, within 15 days, set the matter for hearing, and the hearing shall be held as soon as possible. The temporary suspension shall remain in effect until the time the hearing is completed and the director has made a final determination on the merits. However, the temporary suspension shall be deemed vacated if the director fails to make a final determination on the merits within 30 days after the department receives the proposed decision from the Office of Administrative Hearings.
(c) The department may terminate review of an application for a certification under this chapter from any person or entity that previously had a certification issued under this chapter suspended or revoked for a period of five years from the date of the final decision and order.
(Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.1 - Certification of Alcohol and Other Drug Programs › Section 11832.15.

11832.15. (a) Proceedings for the suspension, revocation, or denial of a certification under this chapter shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In the event of conflict between this chapter and the Government Code, the Government Code shall prevail.
(b) In all proceedings conducted in accordance with this section, the standard of proof to be applied shall be by the preponderance of the evidence.
(c) The department shall commence and process certification revocations under this chapter in a timely and expeditious manner.
(Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.1 - Certification of Alcohol and Other Drug Programs › Section 11832.16.

11832.16. (a) The withdrawal of an application for a certification after it has been filed with the department shall not, unless the department consents in writing to the withdrawal, deprive the department of its authority to institute or continue a proceeding against the applicant for the denial of the certification upon any ground provided by law or to enter an order denying the certification upon any of these grounds.
(b) The suspension, expiration, or forfeiture by operation of law of a certification issued by the department, or its suspension, forfeiture, or cancellation by order of the department or by order of a court of law, or its surrender without the written consent of the department, shall not deprive the department of its authority to institute or continue a disciplinary proceeding against the program upon any ground provided by law or to enter an order suspending or revoking the certification or otherwise taking disciplinary action against the program on any ground provided by law.
(Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS › PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE › CHAPTER 7.1 - Certification of Alcohol and Other Drug Programs › Section 11832.17.

11832.17. A certification shall terminate by operation of law, prior to its expiration date, when any of the following conditions occur:
(a) The program is sold or otherwise transferred.
(b) The program surrenders its certification to the department.
(c) The program relocates from the address identified on the certification to a different location.
(d) The certified alcohol or other drug program is operated by a sole proprietor and the sole proprietor dies.
(e) The program abandons the certification or otherwise ceases operation.
(Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.)