SECTIONS 11750-11756.8 - California Statutes

HEALTH AND SAFETY CODE

SECTION 11750-11756.8

11750. There is in state government in the California Health and
Human Services Agency a State Department of Alcohol and Drug
Programs.

11751. The State Department of Alcohol and Drug Programs is under
the control of an executive officer known as the Director of Alcohol
and Drug Programs, who shall be appointed by the Governor, subject to
confirmation by the Senate, and hold office at the pleasure of the
Governor. The director shall receive the annual salary provided by
Article 1 (commencing with Section 11550) of Chapter 6 of Part 1 of
Division 3 of Title 2 of the Government Code.

11751.1. The Director of Alcohol and Drug Programs shall have the
powers of a head of a department pursuant to Chapter 2 (commencing
with Section 11150) of Part 1 of Division 3 of Title 2 of the
Government Code.

11751.2. There is in the State Department of Alcohol and Drug
Programs any divisions as established by the department to the extent
authorized by existing law.

11751.4. It is the intent of the Legislature to ensure the
integrity of state alcohol and drug programs.

11751.9. All officers or employees of the State Department of
Alcohol and Drug Programs shall be appointed by the Director of
Alcohol and Drug Programs.

11752. As used in this division, "department" means the State
Department of Alcohol and Drug Programs and "director" means the
Director of the State Department of Alcohol and Drug Programs.

11752.1. (a) "County board of supervisors" includes county boards
of supervisors in the case of counties acting jointly.
(b) "Agency" means the California Health and Human Services
Agency.
(c) "Secretary" means the Secretary of California Health and Human
Services.
(d) "County plan for alcohol and other drug services" or "county
plan" means the county plan, including a budget, adopted by the board
of supervisors pursuant to Chapter 4 (commencing with Section 11795)
of Part 2.
(e) "Advisory board" means the county advisory board on alcohol
and other drug problems established at the sole discretion of the
county board of supervisors pursuant to Section 11805. If a county
does not establish an advisory board, any provision of this chapter
relative to the activities, duties, and functions of the advisory
board shall be inapplicable to that county.
(f) "Alcohol and drug program administrator" means the county
program administrator designated pursuant to Section 11800.
(g) "State alcohol and other drug program" includes all state
alcohol and other drug projects administered by the department and
all county alcohol and other drug programs funded under this
division.
(h) "Health systems agency" means the health planning agency
established pursuant to Public Law 93-641.
(i) "Alcohol and other drug problems" means problems of
individuals, families, and the community that are related to the
abuse of alcohol and other drugs.
(j) "Alcohol abuser" means anyone who has a problem related to the
consumption of alcoholic beverages whether or not it is of a
periodic or continuing nature. This definition includes, but is not
limited to, persons referred to as "alcoholics" and "drinking
drivers." These problems may be evidenced by substantial impairment
to the person's physical, mental, or social well-being, which
impairment adversely affects his or her abilities to function in the
community.
(k) "Drug abuser" means anyone who has a problem related to the
consumption of illicit, illegal, legal, or prescription drugs or
over-the-counter medications in a manner other than prescribed,
whether or not it is of a periodic or continuing nature. This
definition includes, but is not limited to, persons referred to as
"drug addicts." The drug-consumption-related problems of these
persons may be evidenced by substantial impairment to the person's
physical, mental, or social well-being, which impairment adversely
affects his or her abilities to function in the community.
(l) "Alcohol and other drug service" means a service that is
designed to encourage recovery from the abuse of alcohol and other
drugs and to alleviate or preclude problems in the individual, his or
her family, and the community.
(m) "Alcohol and other drug abuse program" means a collection of
alcohol and other drug services that are coordinated to achieve the
specified objectives of this part.
(n) "Driving-under-the-influence program," "DUI program," or
"licensed program" means an alcohol and other drug service that has
been issued a valid license by the department to provide services
pursuant to Chapter 9 (commencing with Section 11836) of Part 2.
(o) "Clients-participants" means recipients of alcohol and other
drug prevention, treatment, and recovery program services.
(p) "Substance Abuse and Mental Health Services Administration"
means that agency of the United States Department of Health and Human
Services.

11754. (a) The department shall be the single state agency
authorized to receive any federal funds payable directly to the state
by the Substance Abuse and Mental Health Services Administration to
implement programs that provide services to alleviate the problems
related to alcohol and other drug use.
(b) The department may receive other federal funds and expend them
pursuant to this division, the Budget Act, or other statutes.

11755. The department shall do all of the following:
(a) Adopt regulations pursuant to Section 11152 of the Government
Code.
(b) Employ administrative, technical, and other personnel as may
be necessary for the performance of its powers and duties.
(c) Do or perform any of the acts that may be necessary,
desirable, or proper to carry out the purpose of this division.
(d) Provide funds to counties for the planning and implementation
of local programs to alleviate problems related to alcohol and other
drug use.
(e) Review and execute negotiated net amount contracts and Drug
Medi-Cal contracts, and approve or disapprove county plans submitted
for state and federal funds allocated by the department.
(f) Provide for technical assistance and training to local alcohol
and other drug programs to assist in the planning and implementation
of quality services. The department may charge a fee to cover the
cost of providing technical assistance to these alcohol and other
drug programs.
(g) Review research in, and serve as a resource to provide
information relating to, alcohol and other drug programs.
(h) In cooperation with the Department of Personnel
Administration, encourage training in other state agencies to assist
the agencies to recognize employee problems relating to alcohol and
other drug use that affects job performance and encourage the
employees to seek appropriate services.
(i) Assist and cooperate with the Office of Statewide Health
Planning and Development and the California Health Policy and Data
Advisory Commission in the drafting and adoption of the state health
plan to assure inclusion of appropriate provisions relating to
alcohol and other drug problems.
(j) In the same manner and subject to the same conditions as other
state agencies, develop and submit annually to the Department of
Finance a program budget for the state-funded alcohol and other drug
program, which budget shall include expenditures proposed to be made
under this division, and may include expenditures proposed to be made
by any other state agency relating to alcohol and other drug
problems, pursuant to an interagency agreement with the department.
(k) Review and certify alcohol and other drug programs meeting
state standards pursuant to Chapter 7 (commencing with Section 11830)
and Chapter 13 (commencing with Section 11847) of Part 2.
(l) Develop standards for assuring minimal statewide levels of
service quality provided by alcohol and other drug programs.
(m) Review and license narcotic treatment programs.
(n) Develop and implement, in partnership with the counties,
alcohol and other drug prevention strategies especially designed for
youth.
(o) Develop and maintain a centralized alcohol and drug abuse
indicator data collection system that shall gather and obtain
information on the status of the alcohol and other drug abuse
problems in the State of California. This information shall include,
but not be limited to, all of the following:
(1) The number and characteristics of persons receiving recovery
or treatment services from alcohol and other drug programs providing
publicly funded services or services licensed by the department.
(2) The location and types of services offered by these programs.
(3) The number of admissions to hospitals on both an emergency
room and inpatient basis for treatment related to alcohol and other
drugs.
(4) The number of arrests for alcohol and other drug violations.
(5) The number of Department of the Youth Authority commitments
for drug violations.
(6) The number of Department of Corrections commitments for drug
violations.
(7) The number or percentage of persons having alcohol or other
drug problems as determined by survey information.
(8) The amounts of illicit drugs confiscated by law enforcement in
the state.
(9) The statewide alcohol and other drug program distribution and
the fiscal impact of alcohol and other drug problems upon the state.
Providers of publicly funded services or services licensed by the
department to clients-participants shall report data in a manner, in
a format, and under a schedule prescribed by the department.
(p) Issue an annual report that portrays the drugs abused,
populations affected, user characteristics, crime-related costs,
socioeconomic costs, and other related information deemed necessary
in providing a problem profile of alcohol and other drug abuse in the
state.
(q) (1) Require any individual, public or private organization, or
government agency, receiving federal grant funds, to comply with all
federal statutes, regulations, guidelines, and terms and conditions
of the grants. The failure of the individual, public or private
organization, or government agency, to comply with the statutes,
regulations, guidelines, and terms and conditions of grants received
may result in the department's disallowing noncompliant costs, or the
suspension or termination of the contract or grant award allocating
the grant funds.
(2) Adopt regulations implementing this subdivision in accordance
with Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code. For the purposes of the
Administrative Procedure Act, the adoption of the regulations shall
be deemed necessary for the preservation of the public peace, health
and safety, or general welfare. Subsequent amendments to the adoption
of emergency regulations shall be deemed an emergency only if those
amendments are adopted in direct response to a change in federal
statutes, regulations, guidelines, or the terms and conditions of
federal grants. Nothing in this paragraph shall be interpreted as
prohibiting the department from adopting subsequent amendments on a
nonemergency basis or as emergency regulations in accordance with the
standards set forth in Section 11346.1 of the Government Code.

11755.2. (a) The department may implement a program for the
establishment of group homes for alcohol and other drug abusers as
provided for in Section 300x-4a of Title 42 of the United States
Code.
(b) The department may establish the Resident-Run Housing
Revolving Fund for the purpose of making loans to group resident-run
homes in conformance with federal statutes and regulations. Any
program for the purpose of making loans to group resident-run homes
shall be a part of the Resident-Run Housing Revolving Fund. Any
unexpended balances in a current program shall be transferred to the
Resident-Run Housing Revolving Fund and be available for expenditure
during the following fiscal year. Appropriations for subsequent
fiscal years shall be provided in the annual Budget Act. All loan
payments received from previous loans shall be deposited in the
Resident-Run Housing Revolving Fund, as well as all future
collections. The Resident-Run Housing Revolving Fund shall be
invested in the Pooled Money Investment Fund. Interest earned shall
accrue to the Resident-Run Housing Revolving Fund and may be made
available for future group resident-run home loans.
(c) The department may adopt regulations as are necessary to
implement this section.

11756. The department relative to the statewide alcohol and other
drug program, in addition to the duties provided for in Section
11755, shall do all of the following:
(a) Cooperate with other governmental agencies and the private
sector in establishing, conducting, and coordinating alcohol and
other drug programs and projects pursuant to Chapter 2 (commencing
with Section 11775) of Part 2.
(b) Cooperate with other state agencies to encourage appropriate
health facilities to recognize, without discrimination, persons with
alcohol and other drug problems who also require medical care and to
provide them with adequate and appropriate services.
(c) Encourage counties to coordinate alcohol and other drug
services, where appropriate, with county health and social service
programs, or with regional health programs pursuant to Article 1
(commencing with Section 11820) of Chapter 5 of Part 2.
(d) Encourage the utilization, support, assistance, and dedication
of interested persons in the community in order to increase the
number of persons with alcohol and other drug problems who
voluntarily seek appropriate services to alleviate those problems.
(e) Evaluate or require the evaluation, including the collection
of appropriate and necessary information, of alcohol and other drug
programs pursuant to Chapter 6 (commencing with Section 11825) of
Part 2.
(f) Review and license driving-under-the-influence programs.
(g) Perform all other duties specifically required pursuant to
this part.

11756.8. The department shall provide semiannual updates to the
Legislature on its progress in implementing the systems of care
redesign project, including, but not limited to, an updated timeline
for the project.