BILL NUMBER: AB 2221AMENDED 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 specialistthat 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.