SECTIONS 4369-4369.4 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 4369-4369.4

4369. There is within the State Department of Alcohol and Drug
Programs, the Office of Problem and Pathological Gambling.

4369.1. As used in this chapter, the following definitions shall
apply:
(a) "Department" means the State Department of Alcohol and Drug
Programs.
(b) "Office" means the Office of Problem and Pathological
Gambling.
(c) "Pathological gambling disorder" means a progressive mental
disorder meeting the diagnostic criteria set forth by the American
Psychiatric Association's Diagnostic and Statistical Manual, Fourth
Edition.
(d) "Problem gambling" means participation in any form of gambling
to the extent that it creates a negative consequence to the gambler,
the gambler's family, place of employment, or community. This
includes patterns of gambling and subsequent related behaviors that
compromise, disrupt, or damage personal, family, educational,
financial, or vocational interests. The problem gambler does not meet
the diagnostic criteria for pathological gambling disorder.
(e) "Problem gambling prevention programs" means programs designed
to reduce the prevalence of problem and pathological gambling among
California residents. These programs shall include, but are not
limited to, public education and awareness, outreach to high-risk
populations, early identification and responsible gambling programs.

4369.2. (a) The office shall develop a problem gambling prevention
program, which shall be the first priority for funding appropriated
to this office. The prevention program shall be based upon the
allocation priorities established by the department and subject to
funding being appropriated for the purpose of this subdivision, and
shall consist of all of the following:
(1) A toll-free telephone service for immediate crisis management
and containment with subsequent referral of problem and pathological
gamblers to health providers who can provide treatment for gambling
related problems and to self-help groups.
(2) Public awareness campaigns that focus on prevention and
education among the general public including, for example,
dissemination of youth oriented preventive literature, educational
experiences, and public service announcements in the media.
(3) Empirically driven research programs focusing on
epidemiology/prevalence, etiology/causation, and best practices in
prevention and treatment.
(4) Training of health care professionals and educators, and
training for law enforcement agencies and nonprofit organizations in
the identification of problem gambling behavior and knowledge of
referral services and treatment programs.
(5) Training of gambling industry personnel in identifying
customers at risk for problem and pathological gambling and knowledge
of referral and treatment services.
(b) The office shall develop a program to support treatment
services for California residents with problem and pathological
gambling issues. The program shall be based upon the allocation
priorities established by the department and subject to funding being
appropriated for the purposes of this subdivision. These priorities
shall also be based on the best available existing state programs as
well as on continuing research into best practices and on the needs
of California. The treatment program shall consist of all of the
following components:
(1) Treatment services for problem and pathological gamblers and
directly involved family members. These treatment services will be
created through partnerships with established health facilities that
can provide treatment for gambling related problems, substance abuse
facilities, and providers. State funded treatment may include, but is
not limited to, the following: self-administered, home-based
educational programs; outpatient treatment; residential treatment;
and inpatient treatment when medically necessary.
(2) A funding allocation methodology that ensures treatment
services are delivered efficiently and effectively to areas of the
state most in need.
(3) Appropriate review and monitoring of treatment programs by the
director of the office or a designated institution, including grant
oversight and monitoring, standards for treatment, and outcome
monitoring.
(4) Treatment efforts shall provide services that are relevant to
the needs of a diverse multicultural population with attention to
groups with unique needs, including female gamblers, underserved
ethnic groups, the elderly, and the physically challenged.
(c) The office shall make information available as requested by
the Governor and the Legislature with respect to the comprehensive
program.

4369.3. In designing and developing the overall program, the office
shall do all of the following:
(a) Develop a statewide plan to address problem and pathological
gambling.
(b) Adopt any regulations necessary to administer the program.
(c) Develop priorities for funding services and criteria for
distributing program funds.
(d) Monitor the expenditures of state funds by agencies and
organizations receiving program funding.
(e) Evaluate the effectiveness of services provided through the
program.
(f) Notwithstanding any other provision of law, any contracts
required to meet the requirements of this chapter are exempt from the
requirements contained in the Public Contract Code and the State
Administrative Manual, and are exempt from the approval of the
Department of General Services.
(g) The first and highest priority of the office with respect to
the use of any funds appropriated for the purposes of this chapter
shall be to carry out subdivision (a).
(h) Administrative costs for the program may not exceed 10 percent
of the total funding budgeted for the program.

4369.4. All state agencies, including, but not limited to, the
California Horse Racing Board, the California Gambling Control
Commission, the Department of Justice, and any other agency that
regulates casino gambling or cardrooms within the state, and the
Department of Corrections, the California Youth Authority, the State
Departments of Health Services, Alcohol and Drug Programs, and Mental
Health, and the California State Lottery, shall coordinate with the
office to ensure that state programs take into account, as much as
practicable, problem and pathological gamblers. The office shall also
coordinate and work with other entities involved in gambling and the
treatment of problem and pathological gamblers.