Health and Safety Code — Part 20 | HSC — United States — California law | Esheria

Health and Safety Code

Part 20 of 87 · provisions 3,801–4,000

This section says the act is to be known as the Health and Safety Code.

Jurisdiction
United States — California
Instrument
Code
Citation
HSC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
911 call processing AED access AED compliance AED maintenance AI in healthcare review AIDS AIDS clinical trials AIDS disclosure AIDS prevention AIDS program administration AIDS research AIDS services AIDS treatment subsidy API access APIs Alzheimer’s care Alzheimer’s disease programs American Indian mortality CAQH CBD CEQA compliance COBRA COVID-19 COVID-19 public health orders +15,819 more

Statute overview

About this statute

The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

Read the provisions Ask with citations

Legal text

Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 11834.24.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 2. Local Regulation [11834.20 - 11834.25] ( Article 2 added by Stats. 1984, Ch. 1667, Sec. 2. )

    Verify source ↗

    A qualifying alcohol or other drug recovery or treatment facility cannot be denied fire clearance, a license, a permit, or similar authorization just because it did not comply with local ordinances it is exempt from under Section 11834.23.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 2. Local Regulation [11834.20 - 11834.25] ( Article 2 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## 11834.24. A fire inspection clearance or other permit, license, clearance, or similar authorization shall not be denied to an alcohol or other drug recovery or treatment facility because of a failure to comply with local ordinances from which the facility is exempt under Section 11834.23, if the applicant otherwise qualifies for a fire clearance, license, permit, or similar authorization. (Amended by Stats. 2024, Ch. 847, Sec. 54. (AB 2995) Effective January 1, 2025.)
  2. 11834.25.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 2. Local Regulation [11834.20 - 11834.25] ( Article 2 added by Stats. 1984, Ch. 1667, Sec. 2. )

    Verify source ↗

    A small alcohol or other drug recovery or treatment facility serving six or fewer persons is treated as a residential, single-family use for certain real property transfer documents.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 2. Local Regulation [11834.20 - 11834.25] ( Article 2 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## 11834.25. For the purposes of any contract, deed, or covenant for the transfer of real property executed on or after January 1, 1979, an alcohol or other drug recovery or treatment facility which serves six or fewer persons shall be considered a residential use of property and a use of property by a single family, notwithstanding any disclaimers to the contrary. (Amended by Stats. 2024, Ch. 847, Sec. 55. (AB 2995) Effective January 1, 2025.)
  3. 11834.26.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 2.5. Requirements for Licensees [11834.26 - 11834.28] ( Article 2.5 added by Stats. 1993, Ch. 741, Sec. 12. )

    Verify source ↗

    Licensed providers must offer specified nonmedical services, keep naloxone on site with trained staff, and follow relapse and admission rules; the department must issue implementing regulations and may use interim guidance.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 2.5. Requirements for Licensees [11834.26 - 11834.28] ( Article 2.5 added by Stats. 1993, Ch. 741, Sec. 12. ) ## 11834.26. (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. (Amended by Stats. 2026, Ch. 27, Sec. 29. (SB 164) Effective June 29, 2026.)
  4. 11834.27.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 2.5. Requirements for Licensees [11834.26 - 11834.28] ( Article 2.5 added by Stats. 1993, Ch. 741, Sec. 12. )

    Verify source ↗

    The department has the sole authority to set minimum qualifications for certain licensees, designated administrators, and provider staff.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 2.5. Requirements for Licensees [11834.26 - 11834.28] ( Article 2.5 added by Stats. 1993, Ch. 741, Sec. 12. ) ## 11834.27. (a) The department shall have the sole authority in state government to establish the appropriate minimum qualifications of the licensee or designated administrator, and the staff of a provider of any of the services specified in subdivision (a) of Section 11834.26. These qualifications may include, but not be limited to, education, skills, life experience, and training. (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 (commencing with Section 11833). (Added by Stats. 1993, Ch. 741, Sec. 12. Effective January 1, 1994.)
  5. 11834.28.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 2.5. Requirements for Licensees [11834.26 - 11834.28] ( Article 2.5 added by Stats. 1993, Ch. 741, Sec. 12. )

    Verify source ↗

    A recovery or treatment facility must either offer MAT directly or have an effective referral process, and must maintain a department-approved MAT policy.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 2.5. Requirements for Licensees [11834.26 - 11834.28] ( Article 2.5 added by Stats. 1993, Ch. 741, Sec. 12. ) ## 11834.28. (a) No sooner than July 1, 2022, an alcohol or other drug recovery or treatment facility 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 a MAT provider and transportation to appointments for MAT. Providing contact information for a MAT provider does not meet the requirement of an effective referral. (c) An alcohol or other drug recovery or treatment facility shall implement and maintain a 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. (Amended by Stats. 2024, Ch. 847, Sec. 57. (AB 2995) Effective January 1, 2025.)
  6. 11834.30.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 3. Offenses [11834.30 - 11834.34] ( Article 3 added by Stats. 1988, Ch. 646, Sec. 4. )

    Verify source ↗

    Certain people and entities must not run or manage an alcohol or other drug recovery or treatment facility in California unless they first obtain a current valid license under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 3. Offenses [11834.30 - 11834.34] ( Article 3 added by Stats. 1988, Ch. 646, Sec. 4. ) ## 11834.30. A person, firm, partnership, association, corporation, or local governmental entity shall not operate, establish, manage, conduct, or maintain an alcohol or other drug recovery or treatment facility to provide the services specified in subdivision (a) of Section 11834.26 within this state without first obtaining a current valid license issued pursuant to this chapter. (Amended by Stats. 2026, Ch. 27, Sec. 31. (SB 164) Effective June 29, 2026.)
  7. 11834.31.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 3. Offenses [11834.30 - 11834.34] ( Article 3 added by Stats. 1988, Ch. 646, Sec. 4. )

    Verify source ↗

    If a facility is alleged to be violating Section 11834.30, the department must investigate, and if unlicensed services are found, issue notice, inform the facility, and may trigger penalties and referral.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 3. Offenses [11834.30 - 11834.34] ( Article 3 added by Stats. 1988, Ch. 646, Sec. 4. ) ## 11834.31. If a facility is alleged to be in violation of Section 11834.30, the department shall conduct a site visit to investigate the allegation. If the department’s employee or agent finds evidence that the facility is providing the services specified in subdivision (a) of Section 11834.26 without a license, the employee or agent shall take the following actions: (a) Submit the findings of the investigation to the department. (b) Upon departmental authorization, issue a written notice to the facility stating that the facility is operating in violation of Section 11834.30. The notice shall include all of the following: (1) The date by which the facility shall cease providing services. (2) Notice that the department will assess against the facility a civil penalty of two thousand dollars ($2,000) per day for every day the facility continues to provide services beyond the date specified in the notice. (3) Notice that the case will be referred for civil proceedings pursuant to Section 11834.32 in the event the facility continues to provide services beyond the date specified in the notice. (c) Inform the facility of the licensing requirements of this chapter. (d) A person or entity found to be in violation of Section 11834.30 shall be prohibited from applying for initial licensure for a period of five years from the date of the notice specified in subdivision (b). (Amended by Stats. 2026, Ch. 27, Sec. 32. (SB 164) Effective June 29, 2026.)
  8. 11834.32.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 3. Offenses [11834.30 - 11834.34] ( Article 3 added by Stats. 1988, Ch. 646, Sec. 4. )

    Verify source ↗

    The director may seek a court order to stop violations of Section 11834.30, and if the court finds an actual violation, it must order the facility to stop continuing the violation.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 3. Offenses [11834.30 - 11834.34] ( Article 3 added by Stats. 1988, Ch. 646, Sec. 4. ) ## 11834.32. (a) The director may bring an action to enjoin the violation of Section 11834.30 in the superior court in and for the county in which the violation occurred. Any proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable damage or loss. (b) With respect to any and all actions brought pursuant to this section alleging actual violation of Section 11834.30, the court shall, if it finds the allegations to be true, issue its order enjoining the alcoholism or drug abuse recovery or treatment facility from continuance of the violation. (Added by renumbering Section 11834.30 by Stats. 1993, Ch. 741, Sec. 13. Effective January 1, 1994.)
  9. 11834.33.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 3. Offenses [11834.30 - 11834.34] ( Article 3 added by Stats. 1988, Ch. 646, Sec. 4. )

    Verify source ↗

    The department must notify the complainant within 10 days that a complaint was received, and must also notify the complainant when the complaint is closed and whether a violation was found.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 3. Offenses [11834.30 - 11834.34] ( Article 3 added by Stats. 1988, Ch. 646, Sec. 4. ) ## 11834.33. When the department receives a complaint against an alcohol or other drug recovery or treatment facility licensed pursuant to this chapter, or against a facility alleged to be in violation of Section 11834.30, from a member of the public, the department shall do both of the following: (a) Within 10 days of the date of the complaint, provide notice to the person filing the complaint that the complaint has been received. (b) Upon closing the complaint, provide notice to the person filing the complaint that the complaint has been closed and whether the department found the facility to be in violation of this chapter. (Added by Stats. 2025, Ch. 261, Sec. 1. (AB 424) Effective January 1, 2026.)
  10. 11834.34.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 3. Offenses [11834.30 - 11834.34] ( Article 3 added by Stats. 1988, Ch. 646, Sec. 4. )

    Verify source ↗

    The department may levy civil penalties for violations of this chapter or its regulations, and it must first give the licensee notice to correct the deficiency.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 3. Offenses [11834.30 - 11834.34] ( Article 3 added by Stats. 1988, Ch. 646, Sec. 4. ) ## 11834.34. (a) In addition to the penalties of suspension or revocation of a license issued under this chapter, the department may also levy a civil penalty for violation of this chapter or the regulations adopted pursuant to this chapter. (1) The amount of the civil penalty, as determined by the department, shall not be less than two hundred fifty dollars ($250) or more than five hundred dollars ($500) per day for each violation, except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event shall a civil penalty assessment exceed one thousand dollars ($1,000) per day. (2) A licensee that is cited for repeating the same violation within 24 months of the first violation is subject to an immediate civil penalty of five hundred dollars ($500) and seven hundred fifty dollars ($750) for each day the violation continues until the deficiency is corrected. (3) A licensee that has been assessed a civil penalty pursuant to paragraph (2) that repeats the same violation within 24 months of the violation subject to paragraph (2) is subject to an immediate civil penalty of five hundred dollars ($500) and one thousand dollars ($1,000) for each day the violation continues until the deficiency is corrected. (b) Prior to the assessment of any civil penalty, the department shall provide the licensee with notice requiring the licensee to correct the deficiency within the period of time specified in the notice. (Amended by Stats. 2018, Ch. 775, Sec. 6. (AB 3162) Effective January 1, 2019.)
  11. 11834.35.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 4. Suspension and Revocation [11834.35 - 11834.45] ( Article 4 added by Stats. 1988, Ch. 646, Sec. 5. )

    Verify source ↗

    Department employees or agents may enter and inspect buildings, premises, and records at a reasonable time, with or without notice, if they show proper identification.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 4. Suspension and Revocation [11834.35 - 11834.45] ( Article 4 added by Stats. 1988, Ch. 646, Sec. 5. ) ## 11834.35. Any employee or agent of the department upon presentation of proper identification, may enter and inspect any building, premises, and 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. Failure of the owner or operator of the building or premises to allow the employee or agent of the department to enter and inspect the building, premises, 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 cost of any legal action required to gain entry to a licensed facility shall be borne by the owner or operator responsible for preventing the department from entering and inspecting the building, premises, and records. (Added by Stats. 1993, Ch. 741, Sec. 19. Effective January 1, 1994.)
  12. 11834.36.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 4. Suspension and Revocation [11834.35 - 11834.45] ( Article 4 added by Stats. 1988, Ch. 646, Sec. 5. )

    Verify source ↗

    The director may suspend, revoke, or deny licenses for listed reasons, and may temporarily suspend a license before hearing when needed to protect residents. The director must notify the licensee, serve an accusation, and set a hearing within 15 days after a notice of defense. A temporary suspension ends if no final decision is made within 30 days after the proposed decision is received.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 4. Suspension and Revocation [11834.35 - 11834.45] ( Article 4 added by Stats. 1988, Ch. 646, Sec. 5. ) ## 11834.36. (a) The director may suspend or revoke any license issued under this chapter, as well as any other licenses issued under this chapter to operate an adult alcohol or other drug recovery or treatment facility held by the same person or entity, or deny an application for licensure, extension of the licensing period, or modification to a license, upon any of the following grounds and in the manner provided in this chapter: (1) Violation by the licensee of any provision of this chapter or regulations adopted pursuant to this chapter. (2) Repeated violation by the licensee 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 an alcohol or other drug recovery or treatment facility that is inimical to the health, morals, welfare, or safety of either an individual in, or receiving services from, the facility or to the people of the State of California. (5) Misrepresentation of any material fact in obtaining the alcohol or other drug recovery or treatment facility license, including, but not limited to, providing false information or documentation to the department. (6) The licensee’s refusal to allow the department entry into the facility to determine compliance with the requirements of this chapter or regulations adopted pursuant to this chapter. (7) Violation by the licensee of Section 11834.026 or the regulations adopted pursuant to that section. (8) Failure to pay any civil penalties assessed by the department. (b) The director may temporarily suspend any license, as well as any other licenses issued under this chapter to operate an adult alcohol or other drug recovery or treatment facility held by the same person or entity, prior to any hearing when, in the opinion of the director, the action is necessary to protect residents of the alcohol or other drug recovery or treatment facility from physical or mental abuse, abandonment, or any other substantial threat to health or safety. The director shall notify the licensee of the temporary suspension and the effective date of the temporary suspension and at the same time shall serve the provider with an accusation. Upon receipt of a notice of defense to the accusation by the licensee, 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 licensure under this chapter from any person or entity that previously had a license issued under this chapter suspended or revoked for a period of five years from the date of the final decision and order. (Amended by Stats. 2024, Ch. 847, Sec. 60. (AB 2995) Effective January 1, 2025.)
  13. 11834.37.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 4. Suspension and Revocation [11834.35 - 11834.45] ( Article 4 added by Stats. 1988, Ch. 646, Sec. 5. )

    Verify source ↗

    License suspension, revocation, and denial proceedings must follow the Government Code procedure, and the department gets the powers granted there. The department must handle revocations promptly, and the Office of Administrative Hearings must prioritize revocation hearings, especially when residents’ health or safety is at issue.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 4. Suspension and Revocation [11834.35 - 11834.45] ( Article 4 added by Stats. 1988, Ch. 646, Sec. 5. ) ## 11834.37. (a) Proceedings for the suspension, revocation, or denial of a license under this chapter shall be conducted in accordance with the provisions of 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 licensure revocations under this chapter in a timely and expeditious manner. The Office of Administrative Hearings shall give priority calendar preference to licensure revocation hearings pursuant to this chapter, particularly revocations where the health and safety of the residents are in question. (Amended by Stats. 1995, Ch. 938, Sec. 64.8. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  14. 11834.38.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 4. Suspension and Revocation [11834.35 - 11834.45] ( Article 4 added by Stats. 1988, Ch. 646, Sec. 5. )

    Verify source ↗

    A license suspended under this chapter may be reinstated under Government Code Section 11522.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 4. Suspension and Revocation [11834.35 - 11834.45] ( Article 4 added by Stats. 1988, Ch. 646, Sec. 5. ) ## 11834.38. Any license suspended pursuant to this chapter may be reinstated pursuant to Section 11522 of the Government Code. (Added by renumbering Section 11834.37 by Stats. 1993, Ch. 741, Sec. 21. Effective January 1, 1994.)
  15. 11834.39.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 4. Suspension and Revocation [11834.35 - 11834.45] ( Article 4 added by Stats. 1988, Ch. 646, Sec. 5. )

    Verify source ↗

    Withdrawing a license application, or losing a license by suspension, expiration, forfeiture, cancellation, or surrender, does not stop the department from continuing or starting denial or disciplinary action unless it consents in writing.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 4. Suspension and Revocation [11834.35 - 11834.45] ( Article 4 added by Stats. 1988, Ch. 646, Sec. 5. ) ## 11834.39. (a) The withdrawal of an application for a license 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 license upon any ground provided by law or to enter an order denying the license upon any of these grounds. (b) The suspension, expiration, or forfeiture by operation of law of a license 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 licensee upon any ground provided by law or to enter an order suspending or revoking the license or otherwise taking disciplinary action against the licensee on any ground provided by law. (Added by renumbering Section 11834.38 by Stats. 1993, Ch. 741, Sec. 22. Effective January 1, 1994.)
  16. 11834.40.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 4. Suspension and Revocation [11834.35 - 11834.45] ( Article 4 added by Stats. 1988, Ch. 646, Sec. 5. )

    Verify source ↗

    A license ends automatically before its expiration date if the listed events happen.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 4. Suspension and Revocation [11834.35 - 11834.45] ( Article 4 added by Stats. 1988, Ch. 646, Sec. 5. ) ## 11834.40. A license shall terminate by operation of law, prior to its expiration date, when any of the following conditions occur: (a) The licensee sells or otherwise transfers the facility or the property of the facility as identified on the license, unless the transfer of ownership applies to the transfer of stock when the facility is owned by and licensed as a corporation, and when the transfer of stock does not constitute a majority change in ownership. (b) The licensee surrenders the license to the department. (c) The licensee moves the facility identified on the license from one location to another. The department shall develop regulations to provide for an expedited application and licensing process for a newly located facility. (d) The licensee is a sole proprietor and the licensee dies. (e) The licensee actually or constructively abandons the licensed facility. Constructive abandonment includes insolvency, eviction, or seizure of assets or equipment resulting in the failure to provide recovery, treatment, or withdrawal management services to residents. (Amended by Stats. 2026, Ch. 27, Sec. 33. (SB 164) Effective June 29, 2026.)
  17. 11834.45.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 4. Suspension and Revocation [11834.35 - 11834.45] ( Article 4 added by Stats. 1988, Ch. 646, Sec. 5. )

    Verify source ↗

    The department may use civil and administrative remedies in any combination it considers advisable to enforce this chapter, and those remedies are not exclusive.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 4. Suspension and Revocation [11834.35 - 11834.45] ( Article 4 added by Stats. 1988, Ch. 646, Sec. 5. ) ## 11834.45. The civil and administrative remedies available to the department pursuant to this chapter are not exclusive, and may be sought and employed in any combination deemed advisable by the department to enforce this chapter. (Added by renumbering Section 11834.33 by Stats. 1993, Ch. 741, Sec. 17. Effective January 1, 1994.)
  18. 11834.50.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 5. Regulations [11834.50- 11834.50.] ( Article 5 heading added by Stats. 1993, Ch. 741, Sec. 24. )

    Verify source ↗

    The department must adopt regulations for this chapter, and it must consult affected groups before doing so.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.5. Licensing [11834.01 - 11834.50] ( Chapter 7.5 added by Stats. 1984, Ch. 1667, Sec. 2. ) ## ARTICLE 5. Regulations [11834.50- 11834.50.] ( Article 5 heading added by Stats. 1993, Ch. 741, Sec. 24. ) ## 11834.50. The department shall adopt regulations to implement this chapter in accordance with the purposes required by Section 11835. These regulations shall be adopted only after consultation with appropriate groups affected by the proposed regulations. The regulations shall include, but not be limited to, all of the following: (a) Provision for a formal appeal process for the denial, suspension, or revocation of a license. (b) Establishment of requirements for compliance, procedures for issuance of deficiency notices, and civil penalties for noncompliance. (c) Provision for the issuance of a waiver for an alcohol or other drug recovery or treatment facility to serve not more than three adolescents, or 10 percent of the total licensed capacity, whichever is less, 14 years of age and older, when a need exists and services specific to adolescents are otherwise unavailable. The regulations shall specify the procedures and criteria for granting the waiver. The procedures shall include, but not be limited to, criminal record reviews and fingerprinting. (d) Establishment of the elements and minimum requirements for recovery, treatment, and withdrawal management services. (e) Provision for an expedited process for reviewing an application for licensure when a license is terminated pursuant to subdivision (c) of Section 11834.40. (Amended by Stats. 2026, Ch. 27, Sec. 34. (SB 164) Effective June 29, 2026.)
  19. 11834.60.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.6. Licensing and Certification During Emergencies or Disasters [11834.60 - 11834.63] ( Chapter 7.6 added by Stats. 2025, Ch. 546, Sec. 12. )

    Verify source ↗

    This chapter applies only to certain alcohol or other drug recovery or treatment facilities and alcohol or other drug programs.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.6. Licensing and Certification During Emergencies or Disasters [11834.60 - 11834.63] ( Chapter 7.6 added by Stats. 2025, Ch. 546, Sec. 12. ) ## 11834.60. This chapter shall only apply to alcohol or other drug recovery or treatment facilities, as defined in Section 11834.02, and alcohol or other drug programs, as defined in Section 11832.2. (Added by Stats. 2025, Ch. 546, Sec. 12. (SB 582) Effective January 1, 2026.)
  20. 11834.61.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.6. Licensing and Certification During Emergencies or Disasters [11834.60 - 11834.63] ( Chapter 7.6 added by Stats. 2025, Ch. 546, Sec. 12. )

    Verify source ↗

    Certain alcohol or other drug facilities and programs may ask the department to put a license or certification on inactive status during a declared emergency or disaster, if they closed because of building damage and plan to reopen at the same location.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.6. Licensing and Certification During Emergencies or Disasters [11834.60 - 11834.63] ( Chapter 7.6 added by Stats. 2025, Ch. 546, Sec. 12. ) ## 11834.61. (a) An alcohol or other drug recovery or treatment facility or an alcohol or other drug program may request the department to place its license or certification on inactive status as a result of an emergency or disaster proclaimed or declared, as described in Section 1796.81, if both of the following apply: (1) The facility or program is forced to close because the destruction or damage to the building renders the building inhabitable or threatens the health and safety of the residents or clients. (2) The facility or program intends to become operational at the same location. (b) A facility or program shall request the current license or certification to be made inactive pursuant to subdivision (a) within 90 days of the applicable proclamation or declaration. (c) To request an inactive license or certification, a facility or program shall submit to the department, by mail or email, all of the following: (1) The name of the licensed facility or certified program. (2) The license or certification number. (3) The mailing address of the facility or program. (4) The email address of the facility or program, if applicable. (5) The name of the applicable proclamation or declaration. (6) A description of the destruction or damage to the building, including photographs or insurance claims that show the destruction or damage to the building. (7) A statement affirming the facility or program intends to become operational at the same location. (d) The department shall, within 15 working days of receipt of the request in subdivision (b) and the information specified in subdivision (c), provide written notification to a facility or program stating whether the request is complete or incomplete. (1) If the request is incomplete, a facility or program shall have 30 working days from the date of the written notification to provide missing information. Failure to submit the missing information within 30 working days shall result in the request being automatically terminated. The facility or program may resubmit a new request together with the information specified in subdivision (c) so long as it is within 90 days of the applicable proclamation or declaration. (2) If a facility or program request is complete, the applicable license or certification shall become inactive as of the date of the written notification from the department. (e) A facility seeking to reactivate a license shall submit a completed written application for extension pursuant to Section 11834.16. A facility seeking to reactivate a license pursuant to this section is exempt from paying the fees associated with a license extension. (f) A program seeking to reactivate a certification shall submit a completed written application for renewal pursuant to Section 11832.6. A program seeking to reactivate a certification pursuant to this section is exempt from paying the fees associated with a certification renewal. (g) Licensure and certification fees shall not be due or payable during the time period when a license or certification is inactive. (h) A facility or program shall apply for reactivation pursuant to subdivision (e) or (f) within two years of the written notification from the department set forth in paragraph (2) of subdivision (d). If the facility or program does not apply for reactivation within this timeframe, the license or certification shall expire. The facility or program may then apply for a new license or certification pursuant to Section 11834.03 or Section 11832.4. (i) Inactive license status may be extended subject to department approval. (j) A facility or program with an inactive license or certification shall not provide any services during the inactive period. (k) This chapter shall not waive existing law, including Sections 11832.12, 11832.13, 11834.31, and 11834.35, or the facility’s or program’s obligation to submit information regarding compliance with any applicable statutes and regulations. (l) An inactive license or certification shall not deprive the department of its authority to institute or continue a licensing or certification action against the licensee or program upon any ground provided by law or to enter an order suspending or revoking the license or certification or otherwise taking disciplinary action against the licensee or program on any ground provided by law. (Added by Stats. 2025, Ch. 546, Sec. 12. (SB 582) Effective January 1, 2026.)
  21. 11834.62.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.6. Licensing and Certification During Emergencies or Disasters [11834.60 - 11834.63] ( Chapter 7.6 added by Stats. 2025, Ch. 546, Sec. 12. )

    Verify source ↗

    The department may use all-county letters, provider bulletins, or similar instructions to implement, interpret, or make specific this chapter.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.6. Licensing and Certification During Emergencies or Disasters [11834.60 - 11834.63] ( Chapter 7.6 added by Stats. 2025, Ch. 546, Sec. 12. ) ## 11834.62. 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 chapter through the use of all-county letters, provider bulletins, or similar instructions. (Added by Stats. 2025, Ch. 546, Sec. 12. (SB 582) Effective January 1, 2026.)
  22. 11834.63.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.6. Licensing and Certification During Emergencies or Disasters [11834.60 - 11834.63] ( Chapter 7.6 added by Stats. 2025, Ch. 546, Sec. 12. )

    Verify source ↗

    When certain alcohol or other drug facilities or programs become nonoperational and obtain an inactive license, the governing state departments must coordinate operational steps and use concurrent processes to align approval and reactivation dates.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 7.6. Licensing and Certification During Emergencies or Disasters [11834.60 - 11834.63] ( Chapter 7.6 added by Stats. 2025, Ch. 546, Sec. 12. ) ## 11834.63. If an alcohol or other drug recovery or treatment facility or an alcohol or other drug program subject to this chapter is licensed or certified by one or more other state departments within the California Health and Human Services Agency in addition to the State Department of Health Care Services, and is made nonoperational and obtains an inactive license pursuant to Section 11834.61, the governing state departments shall coordinate operational steps, including the utilization of concurrent processes to ensure consistent approval dates for inactive licenses or certifications and license or certification reactivation dates. (Added by Stats. 2025, Ch. 546, Sec. 12. (SB 582) Effective January 1, 2026.)
  23. 118340.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 14. MEDICAL WASTE [117600 - 118360] ( Part 14 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 10. Enforcement [118325 - 118345] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Medical waste may not be transported, stored, treated, or disposed of unless authorized by permit or registration, this part, or its regulations. Violations can trigger criminal penalties.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 14. MEDICAL WASTE [117600 - 118360] ( Part 14 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 10. Enforcement [118325 - 118345] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118340. (a) No person shall, transport, store, treat, dispose, or cause the treatment or disposal of medical waste in a manner not authorized by his or her permit or registration, this part, or the regulations adopted pursuant to this part. (b) Any person who stores, treats, disposes, or causes the treatment or disposal of medical waste in violation of this part or the regulations adopted pursuant to this part is guilty of a public offense as follows: (1) For a small quantity generator, a first offense is an infraction and is punishable by a fine of not more than one thousand dollars ($1,000). (2) For a person other than a small quantity generator, a first offense is a misdemeanor punishable by a fine of not less than two thousand dollars ($2,000), or by up to one year in county jail, or by both the fine and imprisonment. (c) A person who is convicted of a second or subsequent violation of subdivision (a) within three years of the prior conviction shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for one, two, or three years, or by a fine of not less than five thousand dollars ($5,000), or more than twenty-five thousand dollars ($25,000), or by both that fine and imprisonment. This section shall not apply unless any prior conviction is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. If the defendant is a corporation that operates medical facilities in more than one geographic location, this subdivision shall apply only if the offense involves an adjacent facility involved in the prior conviction. (d) Any person who knowingly treats or disposes, or causes the treatment or disposal of, medical waste in violation of this part shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for one, two, or three years, or by a fine of not less than five thousand dollars ($5,000), or more than twenty-five thousand dollars ($25,000), or by both that fine and imprisonment. (e) This section does not apply to a person transporting medical waste who is required to be a registered hazardous waste transporter. Those persons are subject to penalties for violations pursuant to Article 8 (commencing with Section 25180) of Chapter 6.5 of Division 20. (Amended by Stats. 2011, Ch. 15, Sec. 203. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  24. 118345.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 14. MEDICAL WASTE [117600 - 118360] ( Part 14 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 10. Enforcement [118325 - 118345] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Any person who intentionally makes a false statement in compliance documents, or who fails to register, obtain a medical waste permit, or otherwise violates this part or related orders/regulations, can be fined.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 14. MEDICAL WASTE [117600 - 118360] ( Part 14 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 10. Enforcement [118325 - 118345] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118345. (a) Any person who intentionally makes any false statement or representation in any application, label, tracking document, record, report, permit, registration, or other document filed, maintained, or used for purposes of compliance with this part that materially affects the health and safety of the public is liable for a civil penalty of not more than ten thousand dollars ($10,000) for each separate violation or, for continuing violations, for each day that the violation continues. (b) Any person who fails to register or fails to obtain a medical waste permit in violation of this part, or otherwise violates any provision of this part, any order issued pursuant to Section 118330, or any regulation adopted pursuant to this part, is liable for a civil penalty of not more than ten thousand dollars ($10,000) for each violation of a separate provision of this part or, for continuing violations, for each day that the violation continues. (Amended by Stats. 2015, Ch. 352, Sec. 9. (SB 225) Effective September 28, 2015.)
  25. 11835.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 8. Regulations [11835- 11835.] ( Chapter 8 added by Stats. 1979, Ch. 679. )

    Verify source ↗

    The department may adopt regulations for this part, but they must stay within the department’s authority and follow specified consultation and voting procedures.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 8. Regulations [11835- 11835.] ( Chapter 8 added by Stats. 1979, Ch. 679. ) ## 11835. (a) The purposes of any regulations adopted by the department shall be to implement, interpret, or make specific the provisions of this part and shall not exceed the authority granted to the department pursuant to this part. To the extent possible, the regulations shall be written in clear and concise language and adopted only when necessary to further the purposes of this part. (b) Except as provided in this section and Sections 11772, 11798, 11798.2, 11814, 11817.8, and 11852.5, the department may adopt regulations in accordance with 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) necessary for the proper execution of the powers and duties granted to and imposed upon the department by this part. However, these regulations may be adopted only upon the following conditions: (1) Prior to adoption of regulations, the department shall consult with the County Behavioral Health Directors Association of California and may consult with any other appropriate persons relating to the proposed regulations. (2) If an absolute majority of the designated county behavioral health directors who represent counties that have submitted county contracts, vote at a public meeting called by the department, for which 45 days’ advance notice shall be given by the department, to reject the proposed regulations, the department shall refer the matter for a decision to a committee, consisting of a representative of the county behavioral health directors, the director, the secretary, and one designee of the secretary. The decision shall be made by a majority vote of this committee at a public meeting convened by the department. Upon a majority vote of the committee recommending adoption of the proposed regulations, the department may then adopt them. Upon a majority vote recommending that the department not adopt the proposed regulations, the department shall then consult again with the County Behavioral Health Directors Association of California and resubmit the proposed regulations to the county behavioral health directors for a vote pursuant to this subdivision. (3) In the voting process described in paragraph (2), no proxies shall be allowed nor may anyone other than the designated county behavioral health director, director, secretary, and secretary’s designee vote at the meetings. (Amended by Stats. 2015, Ch. 455, Sec. 4. (SB 804) Effective January 1, 2016.)
  26. 118350.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 14. MEDICAL WASTE [117600 - 118360] ( Part 14 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 11. Suspension or Revocation [118350 - 118360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The enforcement agency may suspend, amend, or revoke a medical waste permit for listed violations and related misconduct, and it must consider rehabilitation evidence before acting.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 14. MEDICAL WASTE [117600 - 118360] ( Part 14 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 11. Suspension or Revocation [118350 - 118360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118350. The enforcement agency may suspend, amend, or revoke any medical waste permit issued by the enforcement agency for any of the following reasons: (a) Violation by the permittee of any of the provisions of this part or any regulation adopted pursuant to this part. (b) Violation of any term or condition of the permit. (c) Aiding, abetting, or permitting the violation specified in subdivision (a) or (b) or interference in the performance of the duty of the enforcement officer. (d) Proof that the permittee has intentionally made false statements, or failed to disclose fully all relevant facts, in any material regard, on the application for a medical waste permit. (e) The conviction of a permittee, or the person in charge of the activity subject to the medical waste permit, of any crime that is substantially related to the qualifications or duties of the permittee or the person in charge of the activity, or that is substantially related to the functions that are subject to the medical waste permit. For purposes of this section, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. An action to revoke or suspend the medical waste permit may be taken when the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal. That action may also be taken when an order granting probation is made suspending the imposition of sentence, notwithstanding any subsequent order pursuant to Section 1203.4 of the Penal Code. The enforcement agency shall take into account all competent evidence of rehabilitation furnished by the permittee or person in charge of the permitted activity. (f) A change in any condition that requires either a temporary or permanent modification, reduction, or termination of the permitted operation to bring it into compliance with the requirements of this part and the regulations adopted pursuant to this part. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  27. 118355.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 14. MEDICAL WASTE [117600 - 118360] ( Part 14 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 11. Suspension or Revocation [118350 - 118360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must start permit suspension or revocation proceedings when any accusation is filed, and it has the powers granted under the referenced Government Code chapter.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 14. MEDICAL WASTE [117600 - 118360] ( Part 14 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 11. Suspension or Revocation [118350 - 118360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118355. Proceedings conducted by the department for the suspension or revocation of a medical waste permit shall commence with the filing of any accusation and 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 to a department in that chapter. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  28. 11836.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. )

    Verify source ↗

    The department has exclusive authority over DUI program licenses, and county boards may recommend and limit programs in certain ways.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. ) ## 11836. (a) The department shall have the sole authority to issue, deny, suspend, or revoke the license of a driving-under-the-influence program. As used in this chapter, “program” means any firm, partnership, association, corporation, local governmental entity, agency, or place that has been initially recommended by the county board of supervisors, subject to any limitation imposed pursuant to subdivisions (c) and (d), and that is subsequently licensed by the department to provide alcohol or drug recovery services in that county to any of the following: (1) A person whose license to drive has been administratively suspended or revoked for, or who is convicted of, a violation of Section 23152 or 23153 of the Vehicle Code, and admitted to a program pursuant to Section 13352, 13352.1, 23538, 23542, 23548, 23552, 23556, 23562, or 23568 of the Vehicle Code. (2) A person who is convicted of a violation of subdivision (b), (c), (d), or (e) of Section 655 of the Harbors and Navigation Code, or of Section 655.4 of that code, and admitted to the program pursuant to Section 668 of that code. (3) A person who has pled guilty or nolo contendere to a charge of a violation of Section 23103 of the Vehicle Code, under the conditions set forth in subdivision (c) of Section 23103.5 of the Vehicle Code, and who has been admitted to the program under subdivision (e) or (f) of Section 23103.5 of the Vehicle Code. (4) A person whose license has been suspended, revoked, or delayed due to a violation of Section 23140, and who has been admitted to a program under Article 2 (commencing with Section 23502) of Chapter 1 of Division 11.5 of the Vehicle Code. (b) If a firm, partnership, corporation, association, local government entity, agency, or place has, or is applying for, more than one license, the department shall treat each licensed program, or each program seeking licensure, as belonging to a separate firm, partnership, corporation, association, local government entity, agency, or place for the purposes of this chapter. (c) For purposes of providing recommendations to the department pursuant to subdivision (a), a county board of supervisors may limit its recommendations to those programs that provide services for persons convicted of a first driving-under-the-influence offense, or services to those persons convicted of a second or subsequent driving-under-the-influence offense, or both services. If a county board of supervisors fails to provide recommendations, the department shall determine the program or programs to be licensed in that county. (d) After determining a need, a county board of supervisors may also place one or more limitations on the services to be provided by a driving-under-the-influence program or the area the program may operate within the county, when it initially recommends a program to the department pursuant to subdivision (a). (1) For purposes of this subdivision, a board of supervisors may restrict a program for those convicted of a first driving-under-the-influence offense to providing only a three-month program, or may restrict a program to those convicted of a second or subsequent driving-under-the-influence offense to providing only an 18-month program, as a condition of its recommendation. (2) A board of supervisors may not place restrictions on a program that would violate a statute or regulation. (3) When recommending a program, if a board of supervisors fails to place any limitation on a program pursuant to this subdivision, the department may license that program to provide any driving-under-the-influence program services that are allowed by law within that county. (4) This subdivision is intended to apply only to the initial recommendation to the department for licensure of a program by the county. It is not intended to affect a license that has been previously issued by the department or the renewal of a license for a driving-under-the-influence program. In counties where a contract or other written agreement is currently in effect between the county and a licensed driving-under-the-influence program operating in that county, this subdivision is not intended to alter the terms of that relationship or the renewal of that relationship. (e) (1) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and Section 11835, the department, without taking any further regulatory action, shall implement, interpret, or make specific this section for the purpose of alcohol or drug recovery services provided in virtual settings by means of all-county letters, plan letters, information notices, or similar instructions, until regulations are promulgated or amended in accordance with paragraph (2). (2) On or before January 1, 2026, the department shall promulgate regulations, in accordance with Section 11835, governing the provision of alcohol or drug recovery services pursuant to this section in virtual settings. (Amended by Stats. 2023, Ch. 42, Sec. 38. (AB 118) Effective July 10, 2023.)
  29. 11836.10.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. )

    Verify source ↗

    A person or entity may not operate, establish, manage, conduct, or maintain a DUI program in this state without a current and valid license under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. ) ## 11836.10. No person, firm, partnership, association, corporation, or local governmental entity shall operate, establish, manage, conduct, or maintain a driving-under-the-influence program in this state without a current and valid license issued pursuant to this chapter. (Amended by Stats. 1993, Ch. 1244, Sec. 4. Effective January 1, 1994.)
  30. 11836.11.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. )

    Verify source ↗

    The department must require license renewal every two years.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. ) ## 11836.11. The department shall require license renewal on a biennial basis. (Added by Stats. 1988, Ch. 1219, Sec. 3.)
  31. 11836.12.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. )

    Verify source ↗

    Licensure criteria for new or existing programs include a written application, proof of adequate administrative/fiscal/operational capability, a successful onsite review, and payment of all licensing fees.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. ) ## 11836.12. Criteria for licensure of new or existing programs shall include all of the following: (a) Completion of a written application containing necessary and pertinent information describing the applicant program. (b) Demonstration by the applicant that it possesses adequate administrative, fiscal, and operational capability to operate a driving-under-the-influence program. (c) Onsite review of the program by department staff determines that the program is clean, safe, free of alcohol or illegal drug use, and that the program adheres to applicable statutes and regulations. (d) The program has paid all licensing fees. (Amended by Stats. 2024, Ch. 847, Sec. 62. (AB 2995) Effective January 1, 2025.)
  32. 11836.14.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. )

    Verify source ↗

    An initial license cannot be issued until all chapter requirements and any regulations adopted under the chapter have been met.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. ) ## 11836.14. An initial license shall not be issued until all requirements identified in this chapter and in regulations adopted pursuant to this chapter have been met. (Added by Stats. 1988, Ch. 1219, Sec. 5.)
  33. 11836.15.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. )

    Verify source ↗

    The department must adopt regulations to carry out this chapter.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. ) ## 11836.15. The department shall adopt regulations to implement this chapter, in accordance with the purposes and process required in Section 11835, which shall include, but not be limited to, the following: (a) Application requirements. (b) Service requirements. (c) Reporting requirements. (d) Required staff qualifications. (e) Management and documentation of participant records. (f) Licensure fee assessment and collection procedures. (Added by Stats. 1988, Ch. 1219, Sec. 6.)
  34. 11836.16.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. )

    Verify source ↗

    The State Department of Health Care Services must adopt regulations for satellite offices of driving-under-the-influence programs.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. ) ## 11836.16. The State Department of Health Care Services shall adopt regulations for satellite offices of driving-under-the-influence programs. The regulations shall include, but not be limited to, any limitations on where a satellite office may be located and the minimum and maximum number of clients to whom a satellite office may provide services. When adopting regulations pursuant to this section, the department shall also consider an appropriate licensing procedure for these offices. For purposes of this section, a “satellite office” is an offsite location of an existing licensed driving-under-the-influence program. (Amended by Stats. 2013, Ch. 22, Sec. 45. (AB 75) Effective June 27, 2013. Operative July 1, 2013, by Sec. 110 of Ch. 22.)
  35. 118360.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 14. MEDICAL WASTE [117600 - 118360] ( Part 14 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 11. Suspension or Revocation [118350 - 118360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The enforcement agency may temporarily suspend a medical waste permit before a hearing if needed to protect the public welfare.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 14. MEDICAL WASTE [117600 - 118360] ( Part 14 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 11. Suspension or Revocation [118350 - 118360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118360. The enforcement agency may temporarily suspend a medical waste permit prior to any hearing, when it has determined that this action is necessary to protect the public welfare. The enforcement agency shall notify the permittee of the temporary suspension and the effective date thereof and, at the same time, shall serve the permittee with an accusation. Upon receipt of a notice of defense by the permittee, the matter shall, within 15 days, be set for hearing. The hearing shall be held as soon as possible, but not later than 30 days after receipt of the notice. The temporary suspension shall remain in effect until the hearing is completed and the enforcement agency has made a final determination on the merits. However, the temporary suspension is vacated if the enforcement agency fails to make a final determination on the merits within 60 days after the original hearing has been completed. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  36. 11837.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. )

    Verify source ↗

    This section requires or allows courts and agencies to place DUI offenders into licensed programs, restrict driving privileges in some cases, and record the program duration for the court abstract.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. ) ## 11837. (a) Pursuant to the provisions of law relating to suspension of a person’s privilege to operate a motor vehicle upon conviction for driving while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and any drug, as set forth in paragraph (3) of subdivision (a) of Section 13352 of the Vehicle Code, the Department of Motor Vehicles shall restrict the driving privilege pursuant to Section 13352.5 of the Vehicle Code, if the person convicted of that offense participates for at least 18 months in a driving-under-the-influence program that is licensed pursuant to this chapter. (b) In determining whether to refer a person, who is ordered to participate in a program pursuant to Section 668 of the Harbors and Navigation Code, in a licensed alcohol and other drug education and counseling services program pursuant to Section 23538 of the Vehicle Code, or, pursuant to Section 23542, 23548, 23552, 23556, 23562, or 23568 of the Vehicle Code, in a licensed 18-month or 30-month program, the court may consider any relevant information about the person made available pursuant to a presentence investigation, that is permitted but not required under Section 23655 of the Vehicle Code, or other screening procedure. That information shall not be furnished, however, by any person who also provides services in a privately operated, licensed program or who has any direct interest in a privately operated, licensed program. In addition, the court shall obtain from the Department of Motor Vehicles a copy of the person’s driving record to determine whether the person is eligible to participate in a licensed 18-month or 30-month program pursuant to this chapter. When preparing a presentence report for the court, the probation department may consider the suitability of placing the defendant in a treatment program that includes the administration of nonscheduled nonaddicting medications to ameliorate an alcohol or controlled substance problem. If the probation department recommends that this type of program is a suitable option for the defendant, the defendant who would like the court to consider this option shall obtain from his or her physician a prescription for the medication, and a finding that the treatment is medically suitable for the defendant, prior to consideration of this alternative by the court. (c) (1) The court shall, as a condition of probation pursuant to Section 23538 or 23556 of the Vehicle Code, refer a first offender whose concentration of alcohol in his or her blood was less than 0.20 percent, by weight, to participate for at least three months or longer, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in this chapter. (2) Notwithstanding any other provision of law, in granting probation to a first offender described in this subdivision whose concentration of alcohol in the person’s blood was 0.20 percent or more, by weight, or the person refused to take a chemical test, the court shall order the person to participate, for at least nine months or longer, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in this chapter. (d) (1) The State Department of Health Care Services may specify in regulations the activities required to be provided in the treatment of participants receiving nine months of licensed program services under Section 23538 or 23556 of the Vehicle Code. (2) Any program licensed pursuant to this chapter may provide treatment services to participants receiving at least six months of licensed program services under Section 23538 or 23556 of the Vehicle Code. (e) The court may, subject to Section 11837.2, and as a condition of probation, refer a person to a licensed program, even though the person’s privilege to operate a motor vehicle is restricted, suspended, or revoked. An 18-month program described in Section 23542 or 23562 of the Vehicle Code or a 30-month program described in Section 23548, 23552, or 23568 of the Vehicle Code may include treatment of family members and significant other persons related to the convicted person with the consent of those family members and others as described in this chapter, if there is no increase in the costs of the program to the convicted person. (f) The clerk of the court shall indicate the duration of the program in which the judge has ordered the person to participate in the abstract of the record of the court that is forwarded to the department. (Amended by Stats. 2013, Ch. 22, Sec. 46. (AB 75) Effective June 27, 2013. Operative July 1, 2013, by Sec. 110 of Ch. 22.)
  37. 11837.1.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. )

    Verify source ↗

    The court may order periodic reports, and program noncompliance can trigger DMV suspension or revocation of driving privilege.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. ) ## 11837.1. (a) In utilizing any program described in Section 11837, the court may require periodic reports concerning the performance of each person referred to and participating in a program. The program shall provide the court, the Department of Motor Vehicles, and the person participating in a program with an immediate report of any failure of the person to comply with the program’s rules and policies. (b) If, at any time after entry into or while participating in a program, a participant who is referred to an 18-month program described in Section 23542 of the Vehicle Code or a 30-month program described in Section 23548, 23552, or 23568 of the Vehicle Code, fails to comply with the rules and policies of the program, and that fact is reported, the Department of Motor Vehicles shall suspend the privilege of that person to operate a motor vehicle for the period prescribed by law in accordance with Section 13352.5 of the Vehicle Code, except as otherwise provided in this section. The Department of Motor Vehicles shall notify the person of its action. (c) If the department withdraws the license of a program, the department shall immediately notify the Department of Motor Vehicles of those persons who do not commence participation in a licensed program within 21 days from the date of the withdrawal of the license of the program in which the persons were previously participating. The Department of Motor Vehicles shall suspend or revoke, for the period prescribed by law, the privilege to operate a motor vehicle of each of those persons referred to an 18-month program pursuant to Section 23542 or 23562 of the Vehicle Code or to a 30-month program pursuant to Section 23548, 23552, or 23568 of the Vehicle Code. (Amended (as amended by Stats. 1998, Ch. 756) by Stats. 1999, Ch. 22, Sec. 2. Effective May 26, 1999. Operative July 1, 1999, by Sec. 46 of Ch. 22.)
  38. 11837.2.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. )

    Verify source ↗

    Courts may refer people only to licensed programs, and the department must set up reporting and implementation procedures.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. ) ## 11837.2. (a) (1) The court may refer persons only to licensed programs. Subject to these provisions, a person is eligible to participate in the program if the program is operating in any of the following: (A) The county where the person is convicted. (B) The county where the person resides. (C) A county that has an agreement with the person’s county of residence pursuant to Section 11838. (D) A county to which a person may request transfer pursuant to subdivision (d). (2) If a person granted probation under Section 23542 or 23562 of the Vehicle Code cannot be referred to a licensed 18-month program pursuant to this section, Section 13352.5 of the Vehicle Code does not apply. (b) If a person has consented to participate in a licensed program and the county where the person is convicted is the same county in which the person resides, the court may order the person to participate in a licensed program within that county, or, if that county does not have a licensed program, the court may order that person to participate in a licensed program within another county, pursuant to Section 11838. (c) If a person has consented to participate in a licensed program in the county in which that person resides or in a county in which the person’s county of residence has an agreement pursuant to Section 11838, and the county where the person is convicted is not the county where the person resides, and if the court grants the person summary probation, the court may order the person to participate in a licensed program in that county. In lieu of summary probation, the court may utilize the probation officer to implement the orders of the court. If the county in which the person resides does not have a licensed program or an agreement with another county pursuant to Section 11838 and the person consents, the court may order the person to participate in a licensed program within the county where that person is convicted or in a county with which the county has an agreement pursuant to Section 11838. (d) Except as otherwise provided in subdivision (e), subsequent to a person’s commencement of participation in a program, the person may request transfer to another licensed program (1) in the same county in which the person has commenced participation in the program, upon approval of that county’s alcohol and drug program administrator, or (2) in a county other than the county in which the person has commenced participation in the program, upon approval of the alcohol and drug program administrator of the county in which the person is participating and the county to which the person is requesting transfer. (e) Subdivision (d) does not apply (1) if the court has ordered the person to participate in a specific licensed program, unless the court orders the transfer or, (2) if the person is under formal probation, unless the probation officer consents to the transfer. The department shall establish reporting forms and procedures to ensure that the court receives notice of any program transfer pursuant to this subdivision or subdivision (d). (f) Jurisdiction of all postconviction matters arising pursuant to this section may be retained by the court of conviction. (g) The department, in cooperation with the Department of Motor Vehicles and the county alcohol and drug program administrators, shall establish procedures to ensure the effective implementation of this section. (Amended by Stats. 2004, Ch. 862, Sec. 106. Effective January 1, 2005.)
  39. 11837.3.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. )

    Verify source ↗

    Counties must determine whether they can establish an alcohol and other drug education and counseling program, and approved programs must meet minimum length, fee, licensing, and reporting rules. People ordered to complete the program must enroll, complete it, and give proof to the court.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. ) ## 11837.3. (a) (1) Each county, through the county alcohol and drug program administrator, shall determine its ability to establish, through public or private resources, a program of alcohol and other drug education and counseling services for a person whose license to drive has been administratively suspended or revoked for, or who is convicted of, a first violation of Section 23152 or 23153 of the Vehicle Code, or who is convicted of a violation of subdivision (b), (c), (d), or (e) of Section 655 of, or Section 655.4 of, the Harbors and Navigation Code, pursuant to subdivisions (e) and (f) of Section 668 of the Harbors and Navigation Code. The program shall be self-supporting through fees collected from program participants. The program shall be of at least three months’ duration and consist of at least 30 hours of direct education and counseling services. The program shall be authorized by each county and licensed by, and operated under general regulations established by, the department. (2) (A) A county that shows the department that it has insufficient resources, insufficient potential program participants, or other material disadvantages is not required to establish a program. (B) The department may license an alcohol and other drug education program that is less than 30 hours in length in any county where the board of supervisors has provided the showing pursuant to subparagraph (A), and the department has upheld that showing. The shorter program is subject to all other applicable regulations developed by the department pursuant to paragraph (3) of subdivision (b) of Section 11837.4. (b) Each county that has approved an alcohol and other drug education program or programs and that is licensed by the department shall make provision for persons who can document current inability to pay the program fee, in order to enable those persons to participate. The county shall require that the program report the failure of a person referred to the program to enroll in the program to the referring court. (c) In order to assure effectiveness of the alcohol and other drug education and counseling program, the county shall provide, as appropriate, services to ethnic minorities, women, youth, or any other group that has particular needs related to the program. (d) (1) Any person required to successfully complete an alcohol and other drug education and counseling program as a condition of probation shall enroll in the program and, except when enrollment is required in a program that is required to report failures to enroll to the court, shall furnish proof of the enrollment to the court within the period of time and in the manner specified by the court. The person also shall participate in and successfully complete the program, and shall furnish proof of successful completion within the period of time and in the manner specified by the court. (2) An alcohol and other drug education and counseling program shall report to the court, within the period of time and in the manner specified by the court, the name of any person who fails to successfully complete the program. (Amended by Stats. 2004, Ch. 862, Sec. 107. Effective January 1, 2005.)
  40. 11837.4.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. )

    Verify source ↗

    Programs may be licensed only if chapter and regulatory requirements are met, and licensed programs must follow detailed supervision, interview, fee, service, and reporting rules.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. ) ## 11837.4. (a) No program, regardless of how it is funded, may be licensed unless all of the requirements of this chapter and of the regulations adopted pursuant to this chapter have been met. (b) Each licensed program shall include, but not be limited to, the following: (1) For the alcohol or drug education and counseling services programs specified in subdivision (b) of Section 11837, each program shall provide for close and regular face-to-face interviews. For the 18-month programs specified in subdivision (a) of Section 11837, each program shall provide for close and regular supervision of the person, including face-to-face interviews at least once every other calendar week, regarding the person’s progress in the program for the first 12 months of the program and shall provide only community reentry supervision during the final six months of the program. In the last six months of the 18-month program, the provider shall monitor the participant’s community reentry activity with self-help groups, employment, family, and other areas of self-improvement. Unless otherwise ordered by the court, the provider’s monitoring services are limited to not more than six hours. For the 30-month programs specified in subdivision (b) of Section 23548, subdivision (b) of Section 23552, and subdivision (b) of Section 23568 of the Vehicle Code, each program shall provide for close and regular supervision of the person, including regular, scheduled face-to-face interviews over the course of 30 months regarding the person’s progress in the program and recovery from problem drinking, alcoholism, chemical dependency, or polydrug abuse, as prescribed by regulations of the department. The interviews in any of those programs shall be conducted individually with each person being supervised and shall occur at times other than when the person is participating in any group or other activities of the program. No program activity in which the person is participating shall be interrupted in order to conduct the individual interviews. (2) (A) The department shall approve all fee schedules for the programs and shall require that each program be self-supporting from the participants’ fees and that each program provide for the payment of the costs of the program by participants at times and in amounts commensurate with their ability to pay in order to enable these persons to participate. Each program shall make provisions for persons who can successfully document current inability to pay the fees. Only the department may establish the criteria and procedures for determining a participant’s ability to pay. The department shall ensure that the fees are set at amounts that will enable programs to provide adequately for the immediate and long-term continuation of services required pursuant to this chapter. The fees shall be used only for the purposes set forth in this chapter, except that any profit or surplus that does not exceed the maximum level established by the department may be utilized for any purposes allowable under any other provisions of law. In its regulations, the department shall define, for the purposes of this paragraph, taking into account prudent accounting, management, and business practices and procedures, the terms “profits” and “surplus.” The department shall fairly construe these provisions so as not to jeopardize fiscal integrity of the programs. The department may not license any program if the department finds that any element of the administration of the program does not assure the fiscal integrity of the program. (B) Each program licensed by the department under this section may request an increase in the fees. The request for an increase shall initially be sent to the county alcohol and drug program administrator. The county alcohol and drug program administrator shall, within 30 days of receiving the request, forward it to the department with the administrator’s recommendation that the fee increase be approved or disapproved. (C) The administrator’s recommendation shall, among other things, take into account the rationale that the program has provided to the administrator for the increase and whether that increase would exceed the profit or surplus limit established by the department. (D) If the county alcohol and drug program administrator fails to forward the request to the department within the 30 days, the program may send the request directly to the department. In this instance, the department may act without the administrator’s recommendation. (E) The department shall, within 30 days of receiving the request pursuant to subparagraph (B) or (D) approve or disapprove the request. In making its decision, the department shall consider the matters described in subparagraph (C). (3) The licensed programs described in paragraph (1) shall include a variety of treatment services for problem drinkers, alcoholics, chemical dependents, and polydrug abusers or shall have the capability of referring the persons to, and regularly and closely supervising the persons while in, any appropriate medical, hospital, or licensed residential treatment services or self-help groups for their problem drinking, alcoholism, chemical dependency, or polydrug abuse problem. In addition to the requirements of paragraph (1), the department shall prescribe in its regulations what other services the program shall provide, at a minimum, in the treatment of participants, which services may include lectures, classes, group discussions, group counseling, or individual counseling in addition to the interviews required by paragraph (1), or any combination thereof. However, any group discussion or counseling activity, other than classes or lectures, shall be regularly scheduled to consist of not more than 15 persons, except that they may, on an emergency basis, exceed 15, but not more than 17, persons, at any one meeting. At no time shall there be more than 17 persons in attendance at any one meeting. For the 30-month programs specified in subdivision (b) of Section 23548, subdivision (b) of Section 23552, and subdivision (b) of Section 23568 of the Vehicle Code, each licensed program shall include a method by which each participant shall maintain a compendium of probative evidence, as prescribed in the regulations of the department, on a trimonthly basis demonstrating a performance of voluntary community service by the participant, including, but not limited to, the prevention of drinking and driving, the promotion of safe driving, and responsible attitudes toward the use of chemicals of any kind, for not less than 120 hours and not more than 300 hours, as determined by the court, with one-half of that time to be served during the initial 18 months of program participation and one-half of that time to be served in the final 12 months. In determining whether or not the participant has met the objectives of the program, the compendium of evidence shall also include, and the court shall consider, the participant’s demonstration of significant improvement in any of the following areas of personal achievement: (A) Significant improvement in occupational performance, including efforts to obtain gainful employment. (B) Significant improvement in physical and mental health. (C) Significant improvement in family relations, including financial obligations. (D) Significant improvement in financial affairs and economic stability. The compendium of evidence shall be maintained by the participant for review by the program, court, probation officer, or other appropriate governmental agency. The program officials, unless prohibited by the referring court, shall make provisions for a participant to voluntarily enter, using the participant’s own resources, a licensed chemical dependency recovery hospital or residential treatment program which has a valid license issued by the State of California to provide alcohol or drug services, and to receive three weeks of program participation credit for each week of that treatment, not to exceed 12 weeks of program participation credit, but only if the treatment is at least two weeks in duration. The program shall document probative evidence of this hospital or residential care treatment in the participant’s program file. (4) In order to assure program effectiveness, the department shall require, whenever appropriate, that the licensed program provides services to ethnic minorities, women, youth, or any other group that has particular needs relating to the program. (5) The goal of each program shall be to assist persons participating in the program to recognize their chemical dependency and to assist them in their recovery. (6) Each program shall establish a method by which the court, the Department of Motor Vehicles, and the person are notified in a timely manner of the person’s failure to comply with the program’s rules and regulations. (c) No program may be licensed unless the county complies with the requirements of subdivision (b) of Section 11812. The provider of a program that offers an alcohol or drug education and counseling services program, an 18-month program, or a 30-month program or any or all of those programs described in this section shall be required to obtain only one license. The department’s regulations shall specify the requirements for the establishment of each program. The license issued by the department shall identify the program or programs licensed to operate. (d) (1) Departmental approval for the establishment of a 30-month program by a licensed 18-month program is contingent upon approval by the county alcohol and drug program administrator, based upon confirmation that the program applicant is capable of providing the service and that the fiscal integrity of the program applicant will not be jeopardized by the operation of the program. (2) The court shall refer a person to a 30-month treatment program only if a 30-month program exists or is provided for in the jurisdiction of the court. (e) A county or program shall not prescribe additional program requirements unless the requirements are specifically approved by the department. (f) The department may license a program on a provisional basis. (Amended by Stats. 2004, Ch. 862, Sec. 108. Effective January 1, 2005.)
  41. 11837.5.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. )

    Verify source ↗

    This section bars unlicensed participation in these programs and gives the department authority to charge licensing fees, fine delinquent providers, and deny or revoke licenses for nonpayment.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. ) ## 11837.5. (a) No person may participate in any program that has not been licensed by the department pursuant to this chapter. (b) The department shall charge reasonable fees for licensing driving-under-the-influence programs. The department shall set the fees in an amount sufficient to cover all administrative costs incurred by the department and to reimburse the Department of Motor Vehicles for the costs of the evaluation and report required by Section 9 of Senate Bill 1344 of the 1989–90 Regular Session. (c) The department may fine a provider who is delinquent in the payment of licensing fees. The department shall deposit fines collected from delinquent providers in the Driving-Under-the-Influence Program Licensing Trust Fund, and the revenues from the fines shall be used, upon appropriation, to offset costs incurred by the department in the administration of the program and to reimburse the Department of Motor Vehicles for the costs of the evaluation and report required by Section 9 of Senate Bill 1344 of the 1989–90 Regular Session. (d) If a program fails to pay licensing fees or assessed fines, the department may deny an initial license or revoke an existing license. (e) There is established in the State Treasury a Driving-Under-the-Influence Program Licensing Trust Fund. All fees, fines, and penalties collected from driving-under-the-influence programs shall be deposited in this fund. The money in the fund shall be available when appropriated by the Legislature. (f) The department shall prepare a report on the assets, liabilities, and balance in the Driving-Under-the-Influence Program Licensing Trust Fund when the department increases program licensing fees. The report shall also include an itemized statement of income and expenses for the trust fund since the last report. The department shall submit the report to the Legislature and shall furnish a copy of the report, upon request, to any provider of a driving-under-the-influence program. (g) Licensing fees shall be evaluated annually and based on the department’s projected costs for the forthcoming fiscal year. Any excess fees remaining in the Driving-Under-the-Influence Program Licensing Trust Fund at the close of the fiscal year shall be carried forward and taken into consideration in establishment of fees for the subsequent fiscal year. If the department proposes to increase the licensing fees, the department shall justify the increase to the Legislature by showing that sufficient assets are not currently available in the Driving-Under-the-Influence Program Licensing Trust Fund and that current licensing fee collections are not sufficient to support current or planned expenses of the department for driving-under-the-influence program licensing activities. (h) Licensing fee collection procedures, which include the assessment of fines for delinquent fee payments, shall be defined in regulations adopted pursuant to this chapter. (Amended by Stats. 1993, Ch. 1244, Sec. 8. Effective January 1, 1994.)
  42. 11837.6.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. )

    Verify source ↗

    County alcohol and drug program administrators must oversee program integrity, monitor licensed programs at least every six months, file an annual compliance report, include each licensed program in the county plan, and notify the department within 30 days after a license denial, suspension, or revocation.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. ) ## 11837.6. (a) The major responsibility for assuring programmatic and fiscal integrity of each program rests with the county alcohol and drug program administrator of each county utilizing a program pursuant to this chapter. (b) The county alcohol and drug program administrator shall assure, through monitoring at least once every six months, compliance with the applicable statutes and regulations by any licensed program within the county’s jurisdiction. Whenever possible, the county monitoring shall coincide with the state licensing reviews. The county alcohol and drug program administrator shall prepare and submit, to the department and the program provider, an annual written report of findings regarding the program’s compliance with applicable statutes and regulations. (c) The county alcohol and drug program administrator shall submit a description of each licensed program as part of the county plan. (d) The county alcohol and drug program administrator shall notify the department, within 30 days of the date that a program’s license is denied, suspended or revoked, of the individuals who failed to commence participation in another licensed program within 21 days of the license denial, suspension or revocation. (Amended by Stats. 2004, Ch. 862, Sec. 109. Effective January 1, 2005.)
  43. 11837.7.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. )

    Verify source ↗

    County alcohol and drug program administrators must promptly report noncompliance, and the department may enter program activities or audit licensed programs.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. ) ## 11837.7. (a) The county alcohol and drug program administrator, or the advisory board acting through the county alcohol and drug program administrator, shall inform the board of supervisors immediately if it is determined that any program is not meeting the regulations adopted by the department. The department shall be notified in writing by the county alcohol and drug program administrator of any program that is not in compliance with applicable statutes and regulations. (b) The department, the county alcohol and drug program administrator, the chief probation officer, or their authorized representatives may enter, in a nondisruptive manner, any class, lecture, group discussion, or any other program element to observe these activities. (c) Notwithstanding subdivision (a) of Section 11837.6, the department may audit, or contract for the auditing of, any licensed program. (Amended by Stats. 2004, Ch. 862, Sec. 110. Effective January 1, 2005.)
  44. 11837.8.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. )

    Verify source ↗

    The department must authorize county alcohol and drug program administrators to keep part of program fees, counties generally may not use allocated department funds for chapter purposes, and small counties may use those funds only if the department makes specific findings and an exception is granted.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. ) ## 11837.8. (a) The department shall authorize each county alcohol and drug program administrator to retain, in an amount not in excess of that specified by the department, a portion of the fees charged for participation in the program that is sufficient to reimburse the county for the costs and expenses that the administrator reasonably incurs in discharging his or her duties pursuant to this chapter. (b) A county may not use for any purpose set forth in this chapter any funds allocated to it by the department pursuant to Division 10.5 (commencing with Section 11750). The board of supervisors may authorize the use of any other funds for any purpose set forth in this chapter. (c) Notwithstanding subdivision (b), a county with a population of 20,000 or less may utilize funds allocated by the department to establish and administer a program if the department finds that the county cannot establish a self-supporting program at reasonable cost or is unable to establish jointly a program with another county. If an exception is granted, reasonable effort shall be made by the county to observe the intent of subdivision (b) that programs be self-supporting. (Amended by Stats. 2004, Ch. 862, Sec. 111. Effective January 1, 2005.)
  45. 11837.9.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. )

    Verify source ↗

    The probation department’s participation in a program under this chapter must be described in the county plan amendment.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. ) ## 11837.9. The participation of the probation department in a program established pursuant to this chapter shall be described in the amendment to the county plan. (Amended by Stats. 2004, Ch. 862, Sec. 112. Effective January 1, 2005.)
  46. 118375.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Common Drinking Cups [118375 - 118395] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    People in charge of listed premises must not provide or allow shared drinking cups, glasses, or similar receptacles for common use.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Common Drinking Cups [118375 - 118395] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118375. No person conducting, having charge of, or control of, any hotel, restaurant, saloon, soda fountain, store, theater, public hall, public or private school, church, hospital, club, office building, park, playground, lavatory or washroom, barber shop, railroad train, boat, or any other public place, building, room, or conveyance, shall provide or expose for common use, or permit to be so provided or exposed, or allow to be used in common, any cup, glass, or other receptacle used for drinking purposes. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  47. 11838.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. )

    Verify source ↗

    Counties may jointly run or contract for DUI-related program services, and county supervisors must oversee program integrity. Counties that contract for services must notify the department within 14 days.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. ) ## 11838. (a) The Legislature encourages all counties to utilize the procedure described in this chapter, but recognizes that it is not feasible for every county to establish its own programs. Accordingly, two or more counties may jointly establish programs pursuant to Section 11796 of this code or Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code or may furnish by contract the program services to residents of another county pursuant to Section 11796 of this code. The board of supervisors of the county in which the program is located shall be responsible for assuring the integrity of the program as required pursuant to subdivision (a) of Section 11837.6. (b) For the purpose of determining a person’s eligibility to participate in an approved program where the person’s county of residence establishes a program with another county or contracts for services pursuant to subdivision (a), the following eligibility requirements shall apply: (1) Where two or more counties jointly establish a program pursuant to Section 11796 of this code or Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, subdivision (b) of Section 11838.2 shall apply. (2) Where a county contracts for program services from another county, only those residents alleged to have committed a violation of Section 23152 or 23153 of the Vehicle Code on or after the date their county of residence executes a contract pursuant to subdivision (a) to provide program services to their residents shall be eligible to participate in such approved program pursuant to Section 11837.2. Counties which contract for services pursuant to subdivision (a) of this section shall notify the department not later than 14 days following such action. (Amended by Stats. 1982, Ch. 53, Sec. 5. Effective February 18, 1982.)
  48. 11838.1.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. )

    Verify source ↗

    The department must work with the county and the Department of Motor Vehicles to set up uniform statewide reporting procedures and forms.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. ) ## 11838.1. The department, in cooperation with the county and the Department of Motor Vehicles, shall establish uniform statewide reporting procedures and forms for the submission of any appropriate documents or information from boards of supervisors, administrators of programs, county alcohol and drug program administrators, and program participants to assure effective implementation of this chapter. (Amended by Stats. 2004, Ch. 862, Sec. 113. Effective January 1, 2005.)
  49. 11838.10.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. )

    Verify source ↗

    The director may suspend or revoke licenses under this chapter, or deny renewal or modification applications, when the listed grounds are met and the chapter’s procedures are followed.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. ) ## 11838.10. The director may suspend or revoke any license issued under this chapter, or deny an application to renew a license or to modify the terms and conditions of a license, upon any of the following grounds and in the manner provided in this chapter: (a) Violation by the licensee of this chapter or regulations adopted pursuant to this chapter. (b) Repeated violation by the licensee of this chapter or regulations adopted pursuant to this chapter. (c) Aiding, abetting, or permitting the violation of, or any repeated violation of, subdivisions (a) and (b). (d) Continued program operations jeopardize the health and welfare of participants or the public. (e) Misrepresentation of any material fact in obtaining a multiple offender program license. (Added by Stats. 1988, Ch. 1219, Sec. 19.)
  50. 11838.11.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. )

    Verify source ↗

    License-suspension, revocation, or denial proceedings must follow the Government Code procedure, the department has the powers granted by those provisions, and the standard of proof is preponderance of the evidence.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. ) ## 11838.11. (a) Proceedings for the suspension, revocation, or denial of a license 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 these 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. (Added by Stats. 1988, Ch. 1219, Sec. 20.)
  51. 11838.3.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. )

    Verify source ↗

    The director may sue to stop violations of Section 11836.10, and the court must order the program to stop the violation if the allegations are proved.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. ) ## 11838.3. (a) The director may bring an action to enjoin any violation of Section 11836.10 in the superior court in and for the county in which the violation occurred. Any proceeding under the provisions of this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable damage or loss. (b) With respect to any and all actions brought pursuant to this section alleging actual violation of Section 11836.10 the court shall, if it finds the allegations to be true, issue its order enjoining the program from continuance of the violation. (Added by Stats. 1988, Ch. 1219, Sec. 16.)
  52. 11838.4.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. )

    Verify source ↗

    This section lets the department impose civil penalties on noncompliant or unlicensed programs, and lets operators appeal assessments.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. ) ## 11838.4. (a) Notwithstanding any other provision of this chapter, any person who violates Section 11836.10 may be assessed by the department an immediate civil penalty in the amount of two hundred dollars ($200) per day of the violation. The civil penalty shall be imposed if an unlicensed program is operated and the operator refuses to seek licensure or the operator’s licensure application is denied and the operator continues to operate the unlicensed program. (b) In addition to suspension or revocation of a license issued under this chapter, the department may levy a civil penalty against any program provider who is not in compliance with statutes and regulations. (1) The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event, shall the civil penalty assessment for noncompliance exceed one hundred fifty dollars ($150) per day, or a total of five thousand dollars ($5,000). (2) Prior to the assessment of any civil penalty other than a civil penalty specified in paragraph (1) or (3), the program provider shall have a minimum of 30 days to correct the deficiency. (3) Any program provider that is cited for repeating the same violation of this chapter within a 12-month period is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected. In no event shall the total fine exceed five thousand dollars ($5,000). (4) The suspension, revocation, forfeiture, or surrender of a license issued by the department shall not deprive the department of its authority to institute or continue a disciplinary proceeding against a licensee upon any grounds provided for in law or to enter and order suspending or revoking the license or otherwise taking disciplinary action against the licensee. (c) An operator may appeal the assessment to the director, and if the matter is unresolved at that stage, the operator may appeal the director’s decision in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1993, Ch. 589, Sec. 92. Effective January 1, 1994.)
  53. 11838.5.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. )

    Verify source ↗

    The department may use civil, criminal, and administrative remedies in any combination it thinks advisable to enforce this chapter.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 9. Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs [11836 - 11838.11] ( Heading of Chapter 9 amended by Stats. 2004, Ch. 862, Sec. 104. ) ## 11838.5. The civil, criminal, and administrative remedies available to the department pursuant to this article are not exclusive, and may be sought and employed in any combination deemed advisable by the department to enforce this chapter. (Added by Stats. 1988, Ch. 1219, Sec. 18.)
  54. 118380.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Common Drinking Cups [118375 - 118395] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “common use” for a drinking receptacle.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Common Drinking Cups [118375 - 118395] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118380. For the purposes of this article the term “common use” when applied to a drinking receptacle is defined as its use for drinking purposes by, or for, more than one person without its being thoroughly cleansed and sterilized between consecutive uses thereof by methods prescribed by or acceptable to the department. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  55. 118385.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Common Drinking Cups [118375 - 118395] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Containers used for public or employee drinking water must be covered and protected, and they must have a faucet or similar device for drawing water.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Common Drinking Cups [118375 - 118395] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118385. No cask, water cooler, or other receptacle shall be used for storing or supplying drinking water to the public or to employees unless it is covered and protected so as to prevent persons from dipping the water therefrom or contaminating the water. All the containers shall be provided with a faucet or other suitable device for drawing the water. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  56. 11839.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    The department may contract with public or private agencies if the Secretary of California Health and Human Services approves.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839. The department, with the approval of the Secretary of California Health and Human Services, may contract with any public or private agency for the performance of any of the functions vested in the department by this chapter. Any department of the state is authorized to enter into a contract described in this section. (Amended by Stats. 2012, Ch. 36, Sec. 52. (SB 1014) Effective June 27, 2012. Operative July 1, 2012, by Sec. 83 of Ch. 36.)
  57. 11839.01.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    The department must amend specified regulations to conform with federal narcotic treatment program rules, may make a conforming amendment if federal rules create inconsistency, may issue guidance without further rulemaking, and must adopt needed implementing regulations by April 30, 2029.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.01. (a) (1) Notwithstanding any other law, the department shall amend Chapter 4 (commencing with Section 10000) of Division 4 of Title 9 of the California Code of Regulations to comply with Part 8 of Title 42 of the Code of Federal Regulations, as published in the Federal Register on February 2, 2024 (89 FR 7528). (2) In the event that Part 8 of Title 42 of the Code of Federal Regulations, as published on February 2, 2024, in the Federal Register (89 FR 7528), renders state narcotic treatment program regulations inconsistent with, but not in violation of, federal narcotic treatment program requirements, the department may amend Chapter 4 (commencing with Section 10000) of Division 4 of Title 9 of the California Code of Regulations to align with the Code of Federal Regulations. (b) (1) 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, in whole or in part, by means of plan or county letters, information notices, plan or provider bulletins, or other similar instructions, without taking any further regulatory action. (2) By April 30, 2029, the department shall adopt any regulations necessary to implement this section in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2024, Ch. 634, Sec. 3. (AB 2115) Effective September 27, 2024.)
  58. 11839.1.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    The Legislature states that California should coordinate narcotic treatment programs and set minimum operating requirements for those programs.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.1. The Legislature finds and declares that it is in the best interests of the health and welfare of the people of this state to coordinate narcotic treatment programs to use narcotic replacement therapy and medication-assisted treatments for substance use disorders in the treatment of addicted persons whose addiction was acquired or supported by the use of a narcotic drug or drugs, not in compliance with a physician and surgeon’s legal prescription, and to establish and enforce minimum requirements for the operation of all these treatment programs in this state. (Amended by Stats. 2017, Ch. 223, Sec. 2. (AB 395) Effective January 1, 2018.)
  59. 11839.10.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    The department must stop reviewing certain license applications or renewals when specified prior license problems or renewal conditions exist.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.10. (a) The department shall cease review of an application for a license if either of the following occur: (1) An application for a license indicates, or the department determines during the application inspection process, that the applicant was issued a license under this article and the prior license was revoked within the preceding two years. The department shall cease any further review of the application until two years have elapsed from the date of the revocation. (2) An application for a license indicates, or the department determines during the application inspection process, that the applicant was denied a license or had a license suspended under this article within the preceding year. The department shall cease any further review of the application until one year has elapsed from the date of the denial or suspension. (b) The department may cease review of an application for license renewal if either of the following occur: (1) The applicant has not paid the required license fee. (2) The county in which the licensee is located certifies to the department’s satisfaction that there is no need for the narcotic treatment program because of a substantial decline in medically qualified narcotic treatment patients in the licensee’s catchment area, or clearly demonstrates that other applicants for licensure can provide more efficient, cost-effective, and sufficient narcotic treatment services in the catchment area, or that the license should not be renewed due to one of the grounds that are enumerated in Section 11839.9. (c) Upon cessation of review, the license shall be permitted to expire by its own terms. However, if the licensee subsequently submits the items, the absence of which led to the cessation of review, the department may reinstate the license. (d) Cessation of review shall not constitute a denial of the application for purposes of Sections 11839.8 and 11839.9. (Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
  60. 11839.11.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    A narcotic treatment program license ends automatically if SAMHSA withdraws or revokes approval, or if DEA revokes the program’s registration.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.11. A narcotic treatment program license shall automatically terminate if the Substance Abuse and Mental Health Services Administration withdraws or revokes its approval of the program, or if the United States Department of Justice, Drug Enforcement Administration, revokes the program’s registration. (Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
  61. 11839.12.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    Certain license suspension, revocation, denial, and renewal-review proceedings under this article must follow Government Code Chapter 5 procedures, and the department has the powers given there.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.12. Except as provided in Section 11839.16, proceedings for the suspension, revocation, or denial of a license or cessation of review of a renewal license under this article, except where there has been a failure to pay required fees, under this article 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 thereby. In the event of conflict between this article and the Administrative Procedure Act, the Administrative Procedure Act shall prevail. (Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
  62. 11839.13.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    The department keeps its authority to act on a license application or license discipline even if the application is withdrawn or the license ends in certain ways.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.13. (a) The withdrawal of an application for a license 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 license upon any ground provided by law or to enter an order denying the license upon any ground provided by law. (b) The suspension, expiration, or forfeiture by operation of law of a license 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 licensee upon any ground provided by law or to enter an order suspending or revoking the license or otherwise taking disciplinary action against the licensee upon any ground provided by law. (Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
  63. 11839.14.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    This section defines “conviction” for this article and says the department may act after conviction once appeal time has passed, the conviction is affirmed, or probation is granted suspending sentence.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.14. For purposes of this article, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action that the department is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Section 1203.4 or 1203.4a of the Penal Code permitting the person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. For purposes of this article, the record of conviction, or a certified copy thereof, shall be conclusive evidence of the conviction. (Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
  64. 11839.15.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    The director may ask the superior court to stop violations of specified narcotic treatment program rules or orders, and if the court finds the allegations true it must issue an injunction.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.15. The director may bring an action to enjoin the violation of Section 11839.7, or the violation of a departmental order issued pursuant to Section 11839.16, in the superior court in and for the county in which the violation occurred. Any proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The rebuttable presumption set forth in paragraph (7) of subdivision (b) of Section 11839.9 shall be applicable. If the court finds the allegations to be true, it shall issue its order enjoining the narcotic treatment program from continuance of the violation. (Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
  65. 11839.16.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    The director can order a narcotic treatment program to stop admitting new patients or giving take-home narcotic dosages, and can temporarily suspend a license in serious cases. The department must also manage corrective-action review, notices, hearings, and license suspension timing.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.16. (a) (1) The director shall, in addition to any other remedy, issue an order that prohibits a narcotic treatment program from admitting new patients or from providing patients with take-home dosages of a narcotic drug if the director determines, pursuant to the compliance inspection procedures set out in paragraph (2) of subdivision (a) of Section 11839.3, that a program has done any of the following: (A) Failed to provide adequate security measures over its narcotic drug supply as agreed in the program’s approved protocol. (B) Failed to maintain a narcotic drug reconciliation system that accounts for all incoming and outgoing narcotic drugs. (C) Diverted narcotic drugs. (D) Repeatedly violated one or more departmental or federal regulations governing narcotic treatment programs, which violations may subject, or may have subjected, a patient to a health or life-endangering situation. (E) Repeatedly violated one or more departmental or federal regulations governing the provisions of take-home medication. (F) Operated above combined licensed capacity for maintenance and withdrawal management programs at a single location. (2) (A) The order becomes effective when the department serves the program with a copy of the order. The order shall state the deficiencies forming the basis for the order and shall state the corrective action required for the department to vacate the order. The order, as it pertains to subparagraph (F) only, shall automatically be vacated when the department receives the program’s written notification that licensed capacity has been achieved. If the order is issued pursuant to subparagraph (A), (B), (C), (D), or (E), the department shall vacate the order when the program submits a corrective action plan that reasonably addresses the deficiency or substantially conforms to the required action set out in the order. (B) The department shall notify the program that the corrective action plan is accepted or rejected within 10 working days after receipt of the plan. If the department rejects the corrective action plan, it shall detail its reason in writing. The department order is vacated when the department either accepts a corrective action plan and ensures substantial conformity with the required action set out in the order or fails to reject a plan within 10 working days after receipt of the plan. (3) In addition to any other remedies, a failure of the program to comply with the order of the department under this subdivision shall give rise to a civil penalty of five hundred dollars ($500) a day for each day that the order is violated. (4) All civil penalties collected by the department under paragraph (3) shall be deposited in the Narcotic Treatment Program Licensing Trust Fund, and shall be used to offset the department’s costs associated with collecting the civil penalties, or associated with any civil, administrative, or criminal action against the program when appropriated for this purpose. (b) (1) The director may, in addition to any other remedy, issue an order temporarily suspending a narcotic treatment program license prior to any administrative hearing for the reasons stated in subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision (a) when the department determines pursuant to the compliance inspection procedures set out in paragraph (2) of subdivision (a) of Section 11839.3, that the action is necessary to protect patients of the program from any substantial threat to their health or safety, or to protect the health or safety of the local community or the people of the State of California. Prior to issuing the order, the director shall ensure continuity of patient care by the program’s guarantor or through the transfer of patients to other licensed programs. The director may issue any needed license or amend any other license in the director’s effort to assure that patient care is not impacted adversely by the suspension order. (2) The director shall notify the licensee of the temporary suspension and the effective date thereof and at the same time shall serve the licensee with an accusation. Upon receipt of a notice of defense to the accusation by the licensee, the director shall, within 15 days, set the matter for hearing, and the hearing shall be held as soon as possible, but not later than 20 days, exclusive of weekends, after receipt of the notice. The temporary suspension shall remain in effect until 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 20 days after the original hearing has been completed. Failure to cease operating after the department issues an order temporarily suspending the license shall constitute an additional ground for license revocation and shall constitute a violation of Section 11839.8. The department shall suspend the program’s license if the hearing outcome is adverse to the license. The department shall notify the program of the license suspension within five days of the director’s final decision. (c) A program may, at any time after it is served with an order, petition the superior court to review the department’s issuance of an order or rejection of a corrective action plan. (Amended by Stats. 2026, Ch. 27, Sec. 38. (SB 164) Effective June 29, 2026.)
  66. 11839.17.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    If a narcotic treatment program is closing, the department may take over temporary operation or name another licensed entity to do it; “temporary” means no more than 90 days.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.17. (a) In cases where a program is closing and the licensed entity that has agreed to assume temporary operation of the closing program is unable to do so, the department may assume temporary operation of the closing program or designate another licensed entity willing to do so. In cases where the licensed entity that has agreed to assume temporary operation is the subject of a pending licensing action or order issued pursuant to Section 11839.16, the department may issue an order prohibiting the entity from assuming temporary operation and may assume temporary operation of the closing program or designate another licensed entity willing to do so. This section shall not be construed to require the department or any other licensed entity to assume any of the closing programs’ financial obligations. (b) For purposes of this section, “temporary” means no more than 90 days. (Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
  67. 11839.18.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    A licensee may ask the director to waive licensure fees or late payment penalties for the current fiscal year if there is financial hardship, and must provide financial records to show the hardship before relief is granted.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.18. Any licensee may petition the director for waiver of licensure fees or late payment penalties for the current fiscal year based upon financial hardship. Prior to the granting of relief, the licensee shall demonstrate hardship by production of appropriate financial records. The director may, in his or her discretion, grant all or part of the relief sought, but shall consider the reasonableness of the relief in light of the other expenditures undertaken by the licensee, giving particular scrutiny to the licensee’s own profits, earnings, or other compensation, and expenses such as interest, mortgage, or loan payments, as well as noncash expenses such as accruals and depreciation. (Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
  68. 11839.19.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    The department may not license a narcotic treatment program unless the treatment facility submits a written application that meets the department’s evaluative criteria, and it may not require disclosure of patients’ or former patients’ identities or identifying records except as allowed by Section 11845.5.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.19. (a) The department shall not license the establishment of a narcotic treatment program without a written application by the treatment facility that meets evaluative criteria required by the department. (b) The department shall not require disclosure of the identity of patients or former patients or of any records containing identifying information except as provided in Section 11845.5. (Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
  69. 11839.2.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    Licensed narcotic treatment programs may use specified medications for narcotic replacement therapy and medication-assisted treatment, and the department may issue implementation guidance and must adopt regulations by January 1, 2021.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.2. The following medications are authorized for use in narcotic replacement therapy and medication-assisted treatment by licensed narcotic treatment programs: (a) Methadone. (b) Buprenorphine products or combination of products approved by the federal Food and Drug Administration for treatment of opioid dependence. (c) Any other medication approved by the federal Food and Drug Administration for the purpose of narcotic replacement treatment or medication-assisted treatment of substance use disorders. (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 by means of plan or provider bulletins, or similar instructions. The department shall adopt regulations by no later than January 1, 2021. (Amended by Stats. 2026, Ch. 27, Sec. 35. (SB 164) Effective June 29, 2026.)
  70. 11839.20.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    The department must adopt regulations to ensure every narcotic treatment program is making a sustained effort to end patients’ drug dependency.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.20. (a) It is the intent of the Legislature in licensing narcotic treatment programs to provide a means whereby the patient may be rehabilitated and will no longer need to support a dependency on opiates. (b) It is the intent of the Legislature that each narcotic treatment program shall have a strong rehabilitative element, including, but not limited to, individual and group therapy, counseling, vocational guidance, and job and education counseling. (c) The Legislature declares the ultimate goal of all narcotic treatment programs shall be to aid the patient in altering his or her lifestyle and eventually to eliminate the improper use of legal drugs and the use of illicit drugs. (d) The department shall adopt any regulations necessary to ensure that every program is making a sustained effort to end the drug dependency of the patients. (Amended by Stats. 2005, Ch. 616, Sec. 3. Effective October 6, 2005.)
  71. 11839.21.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    The State Department of Health Services must set laboratory performance criteria and bar use of labs that do not meet them; evaluation results must be shared with local programs on request.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.21. The State Department of Health Services shall establish criteria for acceptable performance from those laboratories performing urinalysis or other body fluid analysis and shall not permit utilization of laboratories unable to meet an acceptable level of performance. The results of any performance evaluation of any laboratory shall immediately be made available to the local programs upon request. Nothing in this section shall prohibit body fluid analysis to be performed by a licensed narcotic treatment program upon approval of the State Department of Health Services. (Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
  72. 11839.22.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    The state department must require a system that detects multiple registrations by narcotic treatment program patients.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.22. The state department shall require a system to detect multiple registrations by narcotic treatment program patients. (Amended by Stats. 2014, Ch. 484, Sec. 2. (SB 973) Effective January 1, 2015.)
  73. 11839.23.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 2. Narcotic Treatment Program Body Fluids Testing [11839.23 - 11839.34] ( Article 2 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    The State Department of Health Services must adopt and publish rules for approving and governing laboratories that perform the listed tests, including employee qualification requirements.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 2. Narcotic Treatment Program Body Fluids Testing [11839.23 - 11839.34] ( Article 2 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.23. The State Department of Health Services shall adopt and publish rules and regulations to be used in approving and governing the operation of laboratories engaging in the performance of tests referred to in Section 11839.24, including, but not limited to, the qualifications of the laboratory employees who perform the tests, which qualifications the department determines are reasonably necessary to ensure the competence of the laboratories and employees to prepare, analyze, and report the results of the tests. (Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
  74. 11839.24.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 2. Narcotic Treatment Program Body Fluids Testing [11839.23 - 11839.34] ( Article 2 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    Substance use testing for narcotic treatment programs in the state must be done only by a laboratory approved and licensed by the State Department of Public Health.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 2. Narcotic Treatment Program Body Fluids Testing [11839.23 - 11839.34] ( Article 2 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.24. Substance use testing for narcotic treatment programs operating in the state shall be performed only by a laboratory approved and licensed by the State Department of Public Health for the performance of those tests. (Amended by Stats. 2024, Ch. 847, Sec. 63. (AB 2995) Effective January 1, 2025.)
  75. 11839.25.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 2. Narcotic Treatment Program Body Fluids Testing [11839.23 - 11839.34] ( Article 2 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    Laboratories in this state that perform the test must be licensed by the State Director of Health Services, and most must pay a licensing fee and later a renewal fee.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 2. Narcotic Treatment Program Body Fluids Testing [11839.23 - 11839.34] ( Article 2 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.25. Each laboratory in this state that performs the test referred to in Section 11839.24 shall be licensed by the State Director of Health Services. The laboratory, other than a laboratory operated by the state, county, city, city and county, or other public agency, or a clinical laboratory licensed pursuant to subdivision (f) of Section 1300 of the Business and Professions Code, shall, upon application for licensing, pay a fee to the State Department of Health Services in an amount to be determined by that department, which fee will reimburse the department for the costs incurred by the department in the issuance and renewal of the licenses. On or before July 1 of each year thereafter, the laboratory shall pay to the State Department of Health Services a fee, determined by the department, for the renewal of its license. (Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
  76. 11839.26.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 2. Narcotic Treatment Program Body Fluids Testing [11839.23 - 11839.34] ( Article 2 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    The State Department of Health Care Services must enforce this article and the rules and regulations adopted under it.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 2. Narcotic Treatment Program Body Fluids Testing [11839.23 - 11839.34] ( Article 2 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.26. The State Department of Health Care Services shall enforce this article and the rules and regulations adopted pursuant to this article. (Amended by Stats. 2013, Ch. 22, Sec. 53. (AB 75) Effective June 27, 2013. Operative July 1, 2013, by Sec. 110 of Ch. 22.)
  77. 11839.27.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 2. Narcotic Treatment Program Body Fluids Testing [11839.23 - 11839.34] ( Article 2 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    The State Department of Health Services must publish, every year, a list of approved and licensed laboratories that perform the tests covered by Section 11839.24.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 2. Narcotic Treatment Program Body Fluids Testing [11839.23 - 11839.34] ( Article 2 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.27. The State Department of Health Services shall annually publish a list of approved and licensed laboratories engaging in the performance of tests referred to in Section 11839.24. (Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
  78. 11839.28.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 2. Narcotic Treatment Program Body Fluids Testing [11839.23 - 11839.34] ( Article 2 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    Approved and licensed laboratories must be periodically inspected by a duly authorized representative of the State Department of Health Services, and inspection reports must be prepared and filed with that department.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 2. Narcotic Treatment Program Body Fluids Testing [11839.23 - 11839.34] ( Article 2 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.28. Every laboratory that has been approved and for which a license has been issued shall be periodically inspected by a duly authorized representative of the State Department of Health Services. Reports of this inspection shall be prepared by the representative conducting it upon forms prepared and furnished by the State Department of Health Services and shall be filed with that department. (Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
  79. 11839.29.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 2. Narcotic Treatment Program Body Fluids Testing [11839.23 - 11839.34] ( Article 2 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    The State Director of Health Services may suspend or revoke certain licenses and may refuse to issue a license to any applicant.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 2. Narcotic Treatment Program Body Fluids Testing [11839.23 - 11839.34] ( Article 2 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.29. Any license issued pursuant to Section 11839.25 may be suspended or revoked by the State Director of Health Services. The State Director of Health Services may refuse to issue a license to any applicant. Any proceedings under this article 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 State Director of Health Services shall have the powers and duties granted therein. (Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
  80. 11839.3.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    The department must license, inspect, and oversee narcotic treatment programs, including setting eligibility and operation rules, collecting licensure fees, and enforcing compliance.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.3. (a) In addition to the duties authorized by other statutes, the department shall perform all of the following: (1) License the establishment of narcotic treatment programs in this state to use narcotic replacement therapy in the treatment of addicted persons whose addiction was acquired or supported by the use of a narcotic drug or drugs, not in compliance with a physician and surgeon’s legal prescription, except that the Research Advisory Panel shall have authority to approve methadone research programs. The department shall establish and enforce the criteria for the eligibility of patients to be included in the programs, program operation guidelines, such as dosage levels, recordkeeping and reporting, urinalysis requirements, take-home doses of controlled substances authorized for use pursuant to Section 11839.2, security against redistribution of the narcotic replacement drugs, and any other regulations that are necessary to protect the safety and well-being of the patient, the local community, and the public, and to carry out this chapter. A program may admit a patient to maintenance treatment or withdrawal management at the discretion of the medical director. The program shall assign a unique identifier to, and maintain an individual record for, each patient of the program. The arrest and conviction records and the records of pending charges against a person seeking admission to a narcotic treatment program shall be furnished to narcotic treatment program directors upon written request of the narcotic treatment program director provided the request is accompanied by a signed release from the person whose records are being requested. (2) Inspect narcotic treatment programs in this state and ensure that programs are operating in accordance with the law and regulations. The department shall have sole responsibility for compliance inspections of all programs in each county. Annual compliance inspections shall consist of an evaluation by onsite review of the operations and records of licensed narcotic treatment programs’ compliance with applicable state and federal laws and regulations and the evaluation of input from local law enforcement and local governments, regarding concerns about the narcotic treatment program. At the conclusion of each inspection visit, the department shall conduct an exit conference to explain the cited deficiencies to the program staff and to provide recommendations to ensure compliance with applicable laws and regulations. The department shall provide an inspection report to the licensee within 30 days of the completed onsite review describing the program deficiencies. A corrective action plan shall be required from the program within 30 days of receipt of the inspection report. All corrective actions contained in the plan shall be implemented within 30 days of receipt of approval by the department of the corrective action plan submitted by the narcotic treatment program. For programs found not to be in compliance, a subsequent inspection of the program shall be conducted within 30 days after the receipt of the corrective action plan in order to ensure that corrective action has been implemented satisfactorily. Subsequent inspections of the program shall be conducted to determine and ensure that the corrective action has been implemented satisfactorily. For purposes of this requirement, “compliance” shall mean to have not committed any of the grounds for suspension or revocation of a license provided for under subdivision (a) of Section 11839.9 or paragraph (2) of subdivision (b) of Section 11839.9. Inspection of narcotic treatment programs shall be based on objective criteria including, but not limited to, an evaluation of the programs’ adherence to all applicable laws and regulations and input from local law enforcement and local governments. Nothing in this section shall preclude counties from monitoring their contract providers for compliance with contract requirements. (3) Charge and collect licensure fees. In calculating the licensure fees, the department shall include staff salaries and benefits, related travel costs, and state operational and administrative costs. Fees shall be used to offset licensure and inspection costs, not to exceed actual costs. (4) Study and evaluate, on an ongoing basis, narcotic treatment programs including, but not limited to, the adherence of the programs, to all applicable laws and regulations and the impact of the programs on the communities in which they are located. (5) Provide advice, consultation, and technical assistance to narcotic treatment programs to ensure that the programs comply with all applicable laws and regulations and to minimize any negative impact that the programs may have on the communities in which they are located. (6) In its discretion, to approve local agencies or bodies to assist it in carrying out this chapter provided that the department may not delegate responsibility for inspection or any other licensure activity without prior and specific statutory approval. However, the department shall evaluate recommendations made by county alcohol and drug program administrators regarding licensing activity in their respective counties. (7) The director may grant exceptions to the regulations adopted under this chapter if the director determines that this action would improve treatment services or achieve greater protection to the health and safety of patients, the local community, or the general public. An exception shall not be granted if it is contrary to, or less stringent than, the federal laws and regulations that govern narcotic treatment programs. (b) It is the intent of the Legislature in enacting this section, in order to protect the general public and local communities, that take-home doses of narcotic replacement therapy medications authorized for use pursuant to Section 11839.2 shall only be provided when the patient is clearly adhering to the requirements of the program, or if the program is closed on Sundays or holidays and providing a take-home dose is not contrary to federal laws and regulations governing narcotic treatment programs. The department shall define “satisfactory adherence” and shall ensure that patients not satisfactorily adhering to their programs shall not be provided take-home doses. A narcotic treatment program medical director shall determine whether or not to dilute take-home doses. (c) There is established in the State Treasury the Narcotic Treatment Program Licensing Trust Fund. All licensure fees collected from the providers of narcotic treatment services shall be deposited in this fund. Except as otherwise provided in this section, if funds remain in this fund after appropriation by the Legislature and allocation for the costs associated with narcotic treatment licensure actions and inspection of narcotic treatment programs, a percentage of the excess funds shall be annually rebated to the licensees based on the percentage their licensing fee is of the total amount of fees collected by the department. A reserve equal to 10 percent of the total licensure fees collected during the preceding fiscal year may be held in each trust account to reimburse the department if the actual cost for the licensure and inspection exceed fees collected during a fiscal year. (d) Notwithstanding any provision of this code or regulations to the contrary, the department shall have sole responsibility and authority for determining if a state narcotic treatment program license shall be granted and for administratively establishing the maximum treatment capacity of a license. However, the department shall not increase the capacity of a program unless it determines that the licensee is operating in full compliance with applicable laws and regulations. (Amended by Stats. 2026, Ch. 27, Sec. 36. (SB 164) Effective June 29, 2026.)
  81. 11839.30.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 2. Narcotic Treatment Program Body Fluids Testing [11839.23 - 11839.34] ( Article 2 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    The State Director of Health Services may deny a license for a narcotic treatment program if the applicant, or an associated partner, officer, or director, meets any listed disqualifying conditions.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 2. Narcotic Treatment Program Body Fluids Testing [11839.23 - 11839.34] ( Article 2 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.30. The State Director of Health Services may deny a license if any of the following apply to the applicant, or any partner, officer, or director thereof: (a) The person fails to meet the qualifications established by the State Department of Health Services pursuant to this chapter for the issuance of the license applied for. (b) The person was previously the holder of a license issued under this chapter, which license has been revoked and never reissued or was suspended and the terms of the suspension have not been fulfilled. (c) The person has committed any act involving dishonesty, fraud, or deceit, whereby another was injured or whereby the applicant has benefited. (Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
  82. 11839.31.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 2. Narcotic Treatment Program Body Fluids Testing [11839.23 - 11839.34] ( Article 2 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    The State Director of Health Services may suspend, revoke, or otherwise discipline a licensee if the licensee, partner, officer, or director violates department regulations, commits dishonesty/fraud/deceit causing injury or benefit, or misrepresents a material fact to get a license.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 2. Narcotic Treatment Program Body Fluids Testing [11839.23 - 11839.34] ( Article 2 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.31. The State Director of Health Services may suspend, revoke, or take other disciplinary action against a licensee as provided in this chapter, if the licensee or any partner, officer, or director thereof does any of the following: (a) Violates any of the regulations promulgated by the State Department of Health Services pursuant to this article. (b) Commits any act of dishonesty, fraud or deceit, whereby another is injured or whereby the licensee benefited. (c) Misrepresents any material fact in obtaining a license. (Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
  83. 11839.32.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 2. Narcotic Treatment Program Body Fluids Testing [11839.23 - 11839.34] ( Article 2 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    The State Director of Health Services may discipline a licensee after a hearing, including probation, suspension, or revocation of the license.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 2. Narcotic Treatment Program Body Fluids Testing [11839.23 - 11839.34] ( Article 2 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.32. The State Director of Health Services may take disciplinary action against any licensee after a hearing as provided in this article by any of the following: (a) Imposing probation upon terms and conditions to be set forth by the State Director of Health Services. (b) Suspending the license. (c) Revoking the license. (Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
  84. 11839.33.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 2. Narcotic Treatment Program Body Fluids Testing [11839.23 - 11839.34] ( Article 2 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    Accusations against licensees must be filed within three years after the alleged act or omission, with a shorter two-year deadline for certain fraud or misrepresentation accusations under Section 11839.31(c).

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 2. Narcotic Treatment Program Body Fluids Testing [11839.23 - 11839.34] ( Article 2 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.33. All accusations against licensees shall be filed within three years after the act or omission alleged as the ground for disciplinary action, except that with respect to an accusation alleging a violation of subdivision (c) of Section 11839.31, the accusation shall be filed within two years after the discovery by the State Department of Health Services of the alleged facts constituting the fraud or misrepresentation prohibited by that section. (Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
  85. 11839.34.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 2. Narcotic Treatment Program Body Fluids Testing [11839.23 - 11839.34] ( Article 2 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    A suspended or revoked license cannot be reinstated or reissued for one year, and after that the State Department of Health Services may reinstate it if the applicant proves compliance.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 2. Narcotic Treatment Program Body Fluids Testing [11839.23 - 11839.34] ( Article 2 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.34. After suspension or revocation of the license upon any of the grounds set forth in this article, the license shall not be reinstated or reissued within a period of one year after the effective date of suspension or revocation. After one year after the effective date of the suspension or revocation, the State Department of Health Services may reinstate the license upon proof of compliance by the applicant with all provisions of the decision as to reinstatement. (Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
  86. 11839.4.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    The department must impose a $100 per day civil penalty on a program that does not timely submit a corrective action plan or timely carry out a corrective action after being found out of compliance.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.4. The department shall impose a civil penalty of one hundred dollars ($100) per day for a program that fails to timely submit a corrective action plan, or to timely implement any corrective action when it has been found to not be in compliance with applicable laws and regulations as required in Section 11839.3. (Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
  87. 11839.5.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    The department must license narcotic treatment programs, and those programs may not use narcotic replacement therapy or medication-assisted treatment unless they first obtain a license.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.5. In addition to the duties authorized by other provisions, the department shall be responsible for licensing narcotic treatment programs to use narcotic replacement therapy and medication-assisted treatment in the treatment of addicted persons whose addiction was acquired or supported by the use of alcohol or a narcotic drug or drugs, not in compliance with a physician and surgeon’s legal prescription. No narcotic treatment program shall be authorized to use narcotic replacement therapy and medication-assisted treatment without first obtaining a license as a narcotic treatment program as provided in this chapter. The department may license narcotic treatment programs on an inpatient or outpatient basis, or both. The department may also grant a state narcotic treatment license. (Amended by Stats. 2017, Ch. 223, Sec. 5. (AB 395) Effective January 1, 2018.)
  88. 11839.6.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    The department must establish and regulate a program for office-based narcotic treatment programs, and these programs must meet specified licensing or affiliation conditions.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.6. (a) The department shall establish a program for the operation and regulation of office-based narcotic treatment programs. An office-based narcotic treatment program established pursuant to this section shall meet either of the following conditions: (1) Hold a primary narcotic treatment program license. (2) Be affiliated and associated with a primary licensed narcotic treatment program. An office-based narcotic treatment program meeting the requirement of this paragraph shall not be required to have a license separate from the primary licensed narcotic treatment program with which it is affiliated and associated. (b) For purposes of this section, “office-based narcotic treatment program” means a program in which interested and knowledgeable physicians and surgeons provide addiction treatment services, and in which community pharmacies or medication units supply necessary medication both to these physicians and surgeons for distribution to patients and through direct administration and specified dispensing services. (c) Notwithstanding any other law or regulation, including Section 10020 of Title 9 of the California Code of Regulations, an office-based narcotic treatment program in a remote site that is affiliated and associated with a licensed narcotic treatment program may be approved by the department, if all of the following conditions are met: (1) A physician may provide office-based addiction services only if each office-based patient is registered as a patient in the licensed narcotic treatment program and both the licensed narcotic treatment program and the office-based narcotic treatment program ensure that all services required under Chapter 4 (commencing with Section 10000) of Division 4 of Title 9 of the California Code of Regulations for the management of narcotic addiction are provided to all patients treated in the remote site. (2) A physician in an office-based narcotic treatment program may provide treatment for an appropriate number of patients under the appropriate United States Drug Enforcement Administration registration. The primary licensed narcotic treatment program shall be limited to its total licensed capacity as established by the department, including the patients of physicians in the office-based narcotic treatment program. (3) The physicians in the office-based narcotic treatment program shall dispense or administer pharmacologic treatments for narcotic addiction or a substance use disorder that have been approved by the federal Food and Drug Administration for the purpose of narcotic replacement therapy or medication-assisted treatment of substance use disorders. (4) Office-based narcotic treatment programs, in conjunction with primary licensed narcotic treatment programs, shall develop protocols to prevent the diversion of medication. The department may develop regulations to prevent the diversion of medication. (d) For purposes of this section, “remote site” means a site that is geographically or physically isolated from any licensed narcotic treatment program. Therefore, the requirements in this subdivision regarding a remote site do not apply to an office-based narcotic treatment program that holds a primary narcotic treatment program license. (e) In considering an office-based narcotic treatment program application, the department shall independently weigh the treatment needs and concerns of the county, city, or areas to be served by the program. (f) Nothing in this section is intended to expand the scope of the practice of pharmacy. (Amended by Stats. 2017, Ch. 223, Sec. 6. (AB 395) Effective January 1, 2018.)
  89. 11839.6.1.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    The department must set up and oversee a program for mobile narcotic treatment programs, and those programs must be licensed through a primary program, provide opioid addiction treatment in a motor vehicle, and get department approval before operating.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.6.1. (a) No sooner than July 1, 2022, the department shall establish a program for the operation and regulation of mobile narcotic treatment programs. A mobile narcotic treatment program established pursuant to this section shall do all of the following: (1) Operate under the license of a primary narcotic treatment program with which it is affiliated and associated. (2) Provide opioid addiction treatment in a motor vehicle. (3) Comply with any applicable federal requirements. (4) Receive approval from the department prior to operating a mobile narcotic treatment program. (b) The department shall do all of the following: (1) Establish the requirements for approval of a mobile narcotic treatment program. (2) Oversee and enforce the requirements developed pursuant to this section. (c) (1) The primary narcotic treatment program shall be subject to action under Section 11839.9 for any violation by its mobile narcotic treatment program of any requirements imposed under this section or any regulations promulgated under this article. (2) The department may terminate the operation of a mobile narcotic treatment program for failing to comply with this section. (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. (e) The following definitions apply for purposes of this section: (1) “Mobile narcotic treatment program” means a narcotic treatment program operating from a motor vehicle that serves as a mobile component and is operating under a primary narcotic treatment program, and engages in treatment of opioid addiction, including maintenance treatment or withdrawal management, at a location or locations remote from the primary narcotic treatment program, but within California. (2) “Motor vehicle” means a vehicle propelled under its own motive power and lawfully used on public streets, roads, or highways with more than three wheels in contact with the ground. This term does not include a trailer. (Amended by Stats. 2026, Ch. 27, Sec. 37. (SB 164) Effective June 29, 2026.)
  90. 11839.7.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    Narcotic treatment programs using narcotic replacement therapy must be licensed by the department, pay required fees, and disclose certain patient fee increases in writing.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.7. (a) (1) Each narcotic treatment program authorized to use narcotic replacement therapy in this state, except narcotic treatment research programs approved by the Research Advisory Panel, shall be licensed by the department. (2) Each narcotic treatment program, other than a program owned and operated by the state, county, city, or city and county, shall, upon application for licensure and for renewal of a license, pay an annual license fee to the department. July 1 shall be the annual license renewal date. (3) The department shall set the licensing fee at a level sufficient to cover all departmental costs associated with licensing incurred by the department, but the fee shall not, except as specified in this section, increase at a rate greater than the Consumer Price Index. The fees shall include the department’s share of pro rata charges for the expenses of state government. The fee may be paid quarterly in arrears as determined by the department. Fees paid quarterly in arrears shall be due and payable on the last day of each quarter except for the fourth quarter for which payment shall be due and payable no later than May 31. A failure of a program to pay renewal license fees by the due date shall give rise to a civil penalty of one hundred dollars ($100) a day for each day after the due date. Second and subsequent inspection visits to narcotic treatment programs that are operating in noncompliance with the applicable laws and regulations shall be charged a rate of one-half the program’s annual license fee or one thousand dollars ($1,000), whichever is less, for each visit. (4) Licensing shall be contingent upon determination by the department that the program is in compliance with applicable laws and regulations and upon payment of the licensing fee. A license shall not be transferable. (5) (A) As used in this chapter, “quarter” means July, August, and September; October, November, and December; January, February, and March; and April, May, and June. (B) As used in this chapter, “license” means a basic permit to operate a narcotic treatment program. The license shall be issued exclusively by the department and operated in accordance with a patient capacity that shall be specified, approved, and monitored solely by the department. (b) Each narcotic treatment program, other than a program owned and operated by the state, county, city, or city and county, shall be charged an application fee that shall be at a level sufficient to cover all departmental costs incurred by the department in processing either an application for a new program license, or an application for an existing program that has moved to a new location. (c) Any licensee that increases fees to the patient, in response to increases in licensure fees required by the department, shall first provide written disclosure to the patient of that amount of the patient fee increase that is attributable to the increase in the licensure fee. This provision shall not be construed to limit patient fee increases imposed by the licensee upon any other basis. (Amended by Stats. 2013, Ch. 22, Sec. 51. (AB 75) Effective June 27, 2013. Operative July 1, 2013, by Sec. 110 of Ch. 22.)
  91. 11839.8.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    The director may deny an initial narcotic treatment program license application for several listed reasons, and the department must deny it for certain violations unless a compliance exception is met.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.8. The director may deny the application for initial issuance of a license if the applicant or any partner, officer, director, 10 percent or greater shareholder, or person proposed to be employed by the applicant under the authority of subdivision (c) of Section 2401 of the Business and Professions Code: (a) Fails to meet the qualifications for licensure established by the department pursuant to this article. However, the director may waive any established qualification for licensure of a narcotic treatment program if he or she determines that it is reasonably necessary in the interests of the public health and welfare. (b) Was previously the holder of a license issued under this article, and the license was revoked and never reissued or was suspended and not reinstated, or the holder failed to adhere to applicable laws and regulations regarding narcotic treatment programs while the license was in effect. (c) Misrepresented any material fact in the application. (d) Committed any act involving fraud, dishonesty, or deceit, with the intent to substantially benefit himself or herself or another or substantially injure another, and the act is substantially related to the qualification, functions, or duties of, or relating to, a narcotic treatment program license. (e) Was convicted of any crime substantially related to the qualifications, functions, or duties of, or relating to, a narcotic treatment program license. (f) The director, in considering whether to deny licensure under subdivision (d) or (e), shall determine whether the applicant is rehabilitated after considering all of the following criteria: (1) The nature and severity of the act or crime. (2) The time that has elapsed since the commission of the act or crime. (3) The commission by the applicant of other acts or crimes constituting grounds for denial of the license under this section. (4) The extent to which the applicant has complied with terms of restitution, probation, parole, or any other sanction or order lawfully imposed against the applicant. (5) Other evidence of rehabilitation submitted by the applicant. (g) With respect to any other license issued to an applicant to provide narcotic treatment services, violated any provision of this article or regulations adopted under this article that relate to the health and safety of patients, the local community, or the general public. Violations include, but are not limited to, violations of laws and regulations applicable to take-home doses of methadone, urinalysis requirements, and security against redistribution of replacement narcotic drugs. In these cases, the department shall deny the application for an initial license unless the department determines that all other licensed narcotic treatment programs maintained by the applicant have corrected all deficiencies and maintained compliance for a minimum of six months. (Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
  92. 11839.9.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. )

    Verify source ↗

    The director must suspend, revoke, or refuse renewal/modification of a narcotic treatment program license when a violation creates imminent danger, and may do so on several other listed grounds.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 10. Narcotic Treatment Programs [11839 - 11839.34] ( Chapter 10 added by Stats. 2004, Ch. 862, Sec. 114. ) ## ARTICLE 1. Narcotic Treatment Programs [11839 - 11839.22] ( Article 1 added by Stats. 2004, Ch. 862, Sec. 114. ) ## 11839.9. (a) The director shall suspend or revoke any license issued under this article, or deny an application to renew a license or to modify the terms and conditions of a license, upon any violation by the licensee of this article or regulations adopted under this article that presents an imminent danger of death or severe harm to any participant of the program or a member of the general public. (b) The director may suspend or revoke any license issued under this article, or deny an application to renew a license or to modify the terms and conditions of a license, upon any of the following grounds and in the manner provided in this article: (1) Violation by the licensee of any laws or regulations of the Substance Abuse and Mental Health Services Administration or the United States Department of Justice, Drug Enforcement Administration, that are applicable to narcotic treatment programs. (2) Any violation that relates to the operation or maintenance of the program that has an immediate relationship to the physical health, mental health, or safety of the program participants or general public. (3) Aiding, abetting, or permitting the violation of, or any repeated violation of, any of the provisions set forth in subdivision (a) or in paragraph (1) or (2). (4) Conduct in the operation of a narcotic treatment program that is inimical to the health, welfare, or safety of an individual in, or receiving services from, the program, the local community, or the people of the State of California. (5) The conviction of the licensee or any partner, officer, director, 10 percent or greater shareholder, or person employed under the authority of subdivision (c) of Section 2401 of the Business and Professions Code at any time during licensure, of a crime substantially related to the qualifications, functions, or duties of, or relating to, a narcotic treatment program licensee. (6) The commission by the licensee or any partner, officer, director, 10 percent or greater shareholder, or person employed under the authority of subdivision (c) of Section 2401 of the Business and Professions Code at any time during licensure, of any act involving fraud, dishonesty, or deceit, with the intent to substantially benefit himself or herself or another, or substantially to injure another, and that act is substantially related to the qualifications, functions, or duties of, or relating to, a narcotic treatment program licensee. (7) Diversion of narcotic drugs. A program’s failure to maintain a narcotic drug reconciliation system that accounts for all incoming and outgoing narcotic drugs, as required by departmental or federal regulations, shall create a rebuttable presumption that narcotic drugs are being diverted. (8) Misrepresentation of any material fact in obtaining the narcotic treatment program license. (9) Failure to comply with a department order to cease admitting patients or to cease providing patients with take-home dosages of narcotic replacement drugs. (10) Failure to pay any civil penalty assessed pursuant to paragraph (3) of subdivision (a) of Section 11839.16 where the penalty has become final, unless payment arrangements acceptable to the department have been made. (11) The suspension or exclusion of the licensee or any partner, officer, director, 10 percent or greater shareholder, or person employed under the authority of subdivision (c) of Section 2401 of the Business and Professions Code from the Medicare, medicaid, or Medi-Cal programs. (c) Prior to issuing an order pursuant to this section, the director shall ensure continuity of patient care by the program’s guarantor or through the transfer of patients to other licensed programs. The director may issue any needed license or amend any other license in an effort to ensure that patient care is not impacted adversely by an order issued pursuant to this section. (Amended by Stats. 2013, Ch. 22, Sec. 52. (AB 75) Effective June 27, 2013. Operative July 1, 2013, by Sec. 110 of Ch. 22.)
  93. 118390.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Common Drinking Cups [118375 - 118395] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    State and local health officials must enforce this article, and they must also enforce Labor Code Section 2441 when carrying out that enforcement.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Common Drinking Cups [118375 - 118395] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118390. (a) The state department and all health officers of counties, cities, and health districts shall enforce this article. (b) Pursuant to their enforcement of this article, those officers shall also enforce Section 2441 of the Labor Code. This section shall not be construed to abridge or limit in any manner the jurisdiction of the Division of Occupational Safety and Health of the Department of Industrial Relations pursuant to Division 5 (commencing with Section 6300) of the Labor Code. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  94. 118395.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Common Drinking Cups [118375 - 118395] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Violating any provision of this article is a misdemeanor, punishable by a fine of up to $50 for each offense.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Common Drinking Cups [118375 - 118395] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118395. Violation of any provision of this article is a misdemeanor punishable by a fine not exceeding fifty dollars ($50) for each offense. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  95. 118400.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Infected Packing Material [118400 - 118415] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines when packing material counts as “filthy, contaminated, or unsanitary” for this article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Infected Packing Material [118400 - 118415] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118400. For the purpose of this article the term “filthy, contaminated, or unsanitary packing material” includes any or all of the following: (a) Packing material that has been exposed to contagious or infectious disease. (b) Material that is contaminated with vermin. (c) Material that is generally filthy. (d) Filthy or used wood excelsior. (e) Excelsior made from filthy or used paper. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  96. 118405.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Infected Packing Material [118400 - 118415] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Unsanitary packing material may not be used until it has been cleaned and disinfected to the satisfaction of the specified department, its agents, or a county health officer.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Infected Packing Material [118400 - 118415] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118405. Unsanitary packing material shall not be used until it has been cleaned and disinfected to the satisfaction of the Department of Food and Agriculture, the department, or the agents of either or both, or by a county health officer. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  97. 11841.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 11. General Financial Provisions [11841- 11841.] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 2004, Ch. 862, Sec. 115. ) ## ARTICLE 3. Other Revenues [11841- 11841.] ( Heading of Article 3 renumbered from Article 2 by Stats. 1984, Ch. 1328, Sec. 80. )

    Verify source ↗

    Programs funded under this part must raise revenue and use it for additional alcohol and other drug services or facilities. Programs that serve individuals and families must charge participants fees, except for prevention and early intervention activities. Counties must report the types and amounts of revenue in their annual cost reports.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 11. General Financial Provisions [11841- 11841.] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 2004, Ch. 862, Sec. 115. ) ## ARTICLE 3. Other Revenues [11841- 11841.] ( Heading of Article 3 renumbered from Article 2 by Stats. 1984, Ch. 1328, Sec. 80. ) ## 11841. (a) It is the intent of the Legislature that all programs funded under this part shall be partially self-supporting by raising revenues in addition to the funds allocated by the department. These revenues may include, but are not limited to, fees for services, private contributions, grants, or other governmental funds. These revenues shall be used in support of additional alcohol and other drug services or facilities. (b) Each program funded under this part, which program provides alcohol and other drug services to individuals and their families, shall assess fees to participants in the programs. The fee requirement shall not apply to prevention and early intervention activities. (c) Each county shall identify in its annual cost report the types and amounts of revenues raised by all the providers of services funded under this part. (Amended by Stats. 2004, Ch. 862, Sec. 118. Effective January 1, 2005.)
  98. 118410.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Infected Packing Material [118400 - 118415] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The person whose material is cleaned and disinfected must pay the inspection costs.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Infected Packing Material [118400 - 118415] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118410. The person having the material cleaned and disinfected shall pay the costs of the inspection. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  99. 118415.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Infected Packing Material [118400 - 118415] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Knowingly packing goods for delivery or common-carrier transport with unsanitary packing material is a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Infected Packing Material [118400 - 118415] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118415. Every person who knowingly packs any goods intended for delivery to other parties or for transportation by common carriers with unsanitary packing material is guilty of a misdemeanor. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  100. 11842.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 12. Registration of Narcotic, Alcohol, and Other Drug Use Programs [11842 - 11845.5] ( Heading of Chapter 12 amended by Stats. 2024, Ch. 847, Sec. 64. )

    Verify source ↗

    This section defines “substance use disorder program” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 12. Registration of Narcotic, Alcohol, and Other Drug Use Programs [11842 - 11845.5] ( Heading of Chapter 12 amended by Stats. 2024, Ch. 847, Sec. 64. ) ## 11842. As used in this chapter, “substance use disorder program” means any program that provides any service of care, treatment, rehabilitation, counseling, vocational training, self-improvement classes or courses, narcotic replacement therapy in maintenance or detoxification treatment, or other medication services for detoxification and treatment, and any other services that are provided either public or private, whether free of charge or for compensation, which services are intended in any way to alleviate the problems of substance use or misuse in whole or in part related to substance use disorders, or any combination of these problems. (Amended by Stats. 2024, Ch. 847, Sec. 65. (AB 2995) Effective January 1, 2025.)
  101. 11842.5.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 12. Registration of Narcotic, Alcohol, and Other Drug Use Programs [11842 - 11845.5] ( Heading of Chapter 12 amended by Stats. 2024, Ch. 847, Sec. 64. )

    Verify source ↗

    This section defines what counts as a substance use disorder program for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 12. Registration of Narcotic, Alcohol, and Other Drug Use Programs [11842 - 11845.5] ( Heading of Chapter 12 amended by Stats. 2024, Ch. 847, Sec. 64. ) ## 11842.5. As used in this chapter, a substance use disorder program includes, but is not limited to: (a) Residential programs that provide a residential setting and services such as detoxification, counseling, care, treatment, and rehabilitation in a live-in facility. (b) Drop-in centers that are established for the purpose of providing counseling, advice, or a social setting for one or more persons who are attempting to understand, alleviate, or cope with their misuse or inappropriate use of alcohol or drugs. (c) Crisis lines that provide a telephone answering service that provides, in whole or in part, crisis intervention, counseling, or referral, or that is a source of general information about the misuse or inappropriate use of alcohol and drugs. (d) Free clinics that are established for the purpose, either in whole or in part, of providing any medical or dental care, social services, or treatment, or referral to these services for those persons recognized as having a substance use disorder. Free clinics include primary care clinics licensed under paragraph (2) of subdivision (a) of Section 1204. (e) Detoxification centers that are established for the purpose of detoxification from drugs, regardless of whether or not narcotics, restricted dangerous drugs, or other medications are administered in the detoxification and whether detoxification takes place in a live-in facility or on an outpatient basis. (f) Narcotic treatment programs, whether inpatient or outpatient, that offer narcotic replacement therapy and maintenance, detoxification, or other services, in conjunction with that replacement narcotic therapy. (g) Substance use disorder programs, whether inpatient or outpatient and whether in a hospital or nonhospital setting, that offer a set program of treatment and rehabilitation for persons with a substance use disorder that is not primarily an alcohol dependency. (h) Alcohol and other drug prevention programs that promote positive action that changes the conditions under which the drug-taking behaviors to be prevented are most likely to occur and a proactive and deliberate process that promotes health and well-being by empowering people and communities with resources necessary to confront complex and stressful life conditions. (i) Nonspecific drug programs that have not been specifically mentioned in subdivisions (a) to (h), inclusive, but that provide or offer to provide, in whole or in part, for counseling, therapy, referral, advice, care, treatment, or rehabilitation as a service to those persons suffering from substance use disorder or other problems related to the misuse or inappropriate use of alcohol or drugs that are either physiological or psychological in nature. (Amended by Stats. 2024, Ch. 847, Sec. 66. (AB 2995) Effective January 1, 2025.)
  102. 118425.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Common Towels [118425 - 118440] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    People in charge of certain businesses and public places must not keep towels for common use there.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Common Towels [118425 - 118440] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118425. No person conducting, operating, or having charge or control of, any hotel, restaurant, factory, store, barber shop, office building, school, public hall, railroad train, railway station, boat, or any other public place, room, or conveyance, shall maintain or keep in or about any such place any towel for common use. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  103. 11843.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 12. Registration of Narcotic, Alcohol, and Other Drug Use Programs [11842 - 11845.5] ( Heading of Chapter 12 amended by Stats. 2024, Ch. 847, Sec. 64. )

    Verify source ↗

    The county must establish and maintain a registry of all narcotic and drug programs and alcohol and other drug programs within the county.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 12. Registration of Narcotic, Alcohol, and Other Drug Use Programs [11842 - 11845.5] ( Heading of Chapter 12 amended by Stats. 2024, Ch. 847, Sec. 64. ) ## 11843. The county shall establish and maintain a registry of all narcotic and drug programs and alcohol and other drug programs within the county in order to promote a coordination of effort in the county. (Amended by Stats. 2024, Ch. 847, Sec. 67. (AB 2995) Effective January 1, 2025.)
  104. 11843.5.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 12. Registration of Narcotic, Alcohol, and Other Drug Use Programs [11842 - 11845.5] ( Heading of Chapter 12 amended by Stats. 2024, Ch. 847, Sec. 64. )

    Verify source ↗

    County narcotic and drug programs, and county alcohol and other drug programs, must register annually with the county alcohol and drug program administrator.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 12. Registration of Narcotic, Alcohol, and Other Drug Use Programs [11842 - 11845.5] ( Heading of Chapter 12 amended by Stats. 2024, Ch. 847, Sec. 64. ) ## 11843.5. Each narcotic and drug program and alcohol and other drug program in a county shall register annually with the county alcohol and drug program administrator by July 1 or within 30 days after being established. (Amended by Stats. 2024, Ch. 847, Sec. 68. (AB 2995) Effective January 1, 2025.)
  105. 118430.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Common Towels [118425 - 118440] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    For towels, “common use” means use by or for more than one person without laundering between consecutive uses in a way prescribed by or acceptable to the department.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Common Towels [118425 - 118440] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118430. For the purpose of this article the term “common use” when applied to a towel means its use by, or for, more than one person without its being laundered between consecutive uses of the towel by methods prescribed by or acceptable to the department. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  106. 118435.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Common Towels [118425 - 118440] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department and county, city, and health district health officers must enforce this article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Common Towels [118425 - 118440] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118435. The department and all health officers of counties, cities, and health districts shall enforce this article. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  107. 118440.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Common Towels [118425 - 118440] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Violating any provision of this article is a misdemeanor, punishable by a fine of up to $50 for each offense.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Common Towels [118425 - 118440] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118440. Violation of any provision of this article is a misdemeanor punishable by a fine not exceeding fifty dollars ($50) for each offense. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  108. 11845.5.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 12. Registration of Narcotic, Alcohol, and Other Drug Use Programs [11842 - 11845.5] ( Heading of Chapter 12 amended by Stats. 2024, Ch. 847, Sec. 64. )

    Verify source ↗

    Records and identity information connected to alcohol and other drug treatment or prevention efforts must be kept confidential, with disclosure allowed only in the listed situations.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 12. Registration of Narcotic, Alcohol, and Other Drug Use Programs [11842 - 11845.5] ( Heading of Chapter 12 amended by Stats. 2024, Ch. 847, Sec. 64. ) ## 11845.5. (a) The identity and records of the identity, diagnosis, prognosis, or treatment of any patient, which identity and records are maintained in connection with the performance of any alcohol and other drug treatment or prevention effort or function conducted, regulated, or directly or indirectly assisted by the department shall, except as provided in subdivision (c), be confidential and be disclosed only for the purposes and under the circumstances expressly authorized under subdivision (b). (b) The content of any records referred to in subdivision (a) may be disclosed in accordance with the prior written consent of the client with respect to whom the record is maintained, but only to the extent, under the circumstances, and for the purposes as clearly stated in the release of information signed by the client. (c) Whether or not the client, with respect to whom any given record referred to in subdivision (a) is maintained, gives their written consent, the content of the record may be disclosed as follows: (1) In communications between qualified professional persons employed by the treatment or prevention program in the provision of service. (2) To qualified medical persons not employed by the treatment program to the extent necessary to meet a bona fide medical emergency. (3) To qualified personnel for the purpose of conducting scientific research, management audits, financial and compliance audits, or program evaluation, but the personnel may not identify, directly or indirectly, any individual client in any report of the research, audit, or evaluation, or otherwise disclose patient identities in any manner. For purposes of this paragraph, the term “qualified personnel” means persons whose training and experience are appropriate to the nature and level of work in which they are engaged, and who, when working as part of an organization, are performing that work with adequate administrative safeguards against unauthorized disclosures. (4) If the recipient of services is a minor, ward, or conservatee, and their parent, guardian, or conservator designates, in writing, persons to whom their identity in records or information may be disclosed, except that this section does not compel a physician and surgeon, psychologist, social worker, nurse, attorney, or other professional person to reveal information that has been given to them in confidence by members of the client’s family. (5) If authorized by a court of competent jurisdiction granted after application showing probable cause therefor, as provided in subdivision (c) of Section 1524 of the Penal Code. (d) Except as authorized by a court order granted under paragraph (5) of subdivision (c), no record referred to in subdivision (a) may be used to initiate or substantiate any criminal charges against a client or to conduct any investigation of a client. (e) The prohibitions of this section shall continue to apply to records concerning any individual who has been a client, irrespective of whether they cease to be a client. (Amended by Stats. 2024, Ch. 847, Sec. 69. (AB 2995) Effective January 1, 2025.)
  109. 118450.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Wiping Rags [118450 - 118490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “wiping rags” for this article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Wiping Rags [118450 - 118490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118450. “Wiping rags,” as used in this article means cloths and rags, other than reusable rental cloths or towels, used for any or all of the following purposes: (a) Wiping and cleaning the surfaces of machinery, machines, tools, locomotives, engines, motor cars, automobiles, cars, carriages, windows, furniture, and surfaces of articles, appliances, and engines in factories, shops, steamships, and steamboats. (b) Generally for cleaning in industrial employment. (c) Used by mechanics and workmen for wiping from their hands and bodies soil incident to their employment. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  110. 118455.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Wiping Rags [118450 - 118490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person may not supply or sell certain soiled clothing, bedding, or rags for wiping rags unless the items have been sanitized in a way the department prescribes or accepts.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Wiping Rags [118450 - 118490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118455. No person shall supply or furnish to his or her employees for wiping rags, or sell or offer for sale for wiping rags, any soiled wearing apparel, underclothing, bedding, or parts of soiled or used underclothing, wearing apparel, bedclothes, bedding, or soiled rags or cloths unless they have been sanitized by methods prescribed by or acceptable to the department. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  111. 118460.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Wiping Rags [118450 - 118490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Local health officers or registered sanitarians may enter and inspect places where wiping rags are used or sold during business hours, if they give proper demand and notice of authority. No one may refuse the inspection or obstruct the officer.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Wiping Rags [118450 - 118490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118460. Every local health officer or registered sanitarian, upon proper demand and notice of his or her authority, may, during business hours, enter any place where wiping rags are used, are kept for sale, or offered for sale, and inspect the wiping rags. No person shall refuse to permit the inspection, or impede or obstruct the officer during the inspection. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  112. 118465.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Wiping Rags [118450 - 118490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person may not operate a business laundering, sanitizing, or selling wiping rags unless the person has a valid permit from the local health officer.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Wiping Rags [118450 - 118490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118465. On and after July 1, 1975, it shall be unlawful for any person to operate any business of laundering, sanitizing, or selling wiping rags unless, in addition to any other permit that may be required, he or she has a valid permit issued by the local health officer pursuant to an ordinance of the local governing body. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  113. 11847.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. )

    Verify source ↗

    State government is directed to use funds efficiently for drug-related prevention and services, and the department is given planning responsibility and related powers.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. ) ## 11847. The Legislature hereby finds and declares that it is essential to the health and welfare of the people of this state that action be taken by state government to effectively and economically utilize federal and state funds for narcotic and alcohol and other drug use prevention, care, treatment, and rehabilitation services. To achieve this, it is necessary that all of the following occur: (a) Existing fragmented, uncoordinated, and duplicative narcotic and alcohol and other drug programs be molded into a comprehensive and integrated statewide program for the prevention of narcotic and alcohol and other drug use and for the care, treatment, and rehabilitation of persons with a substance use disorders. (b) Responsibility and authority for planning programs and activities for prevention, care, treatment, and rehabilitation of persons with a substance use disorder be concentrated in the department. It is the intent of the Legislature to assign responsibility and grant authority for planning alcohol and other drug prevention, care, treatment, and rehabilitation programs to the department, whose functions shall be subject to periodic review by the Legislature and appropriate federal agencies. (c) The department succeeds to, and is vested with, all the duties, powers, purposes, responsibilities, and jurisdiction with regard to substance use disorder formerly vested in the State Department of Alcohol and Drug Programs. (Amended by Stats. 2024, Ch. 847, Sec. 71. (AB 2995) Effective January 1, 2025.)
  114. 11847.1.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. )

    Verify source ↗

    The department must consult state and local health planning bodies and promote the effective use of facilities, resources, and funds for local programs on narcotic and alcohol and other drug use.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. ) ## 11847.1. The department shall consult with state and local health planning bodies and encourage and promote effective use of facilities, resources, and funds in the development of integrated, comprehensive local programs for the prevention, care, treatment, and rehabilitation of narcotic and alcohol and other drug use. (Amended by Stats. 2024, Ch. 847, Sec. 72. (AB 2995) Effective January 1, 2025.)
  115. 11847.2.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. )

    Verify source ↗

    A community alcohol and other drug service may contract to provide services to another county.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. ) ## 11847.2. Any community alcohol and other drug service may by contract furnish community alcohol and other drug services to any other county. (Amended by Stats. 2024, Ch. 847, Sec. 73. (AB 2995) Effective January 1, 2025.)
  116. 11847.3.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. )

    Verify source ↗

    The department must consult with federal, state, and local agencies about services for prevention, care, treatment, and rehabilitation of people with a substance use disorder, within available resources.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. ) ## 11847.3. The department shall, within available resources, consult with federal, state, and local agencies involved in the provision and delivery of services of prevention, care, treatment, and rehabilitation of individuals experiencing a substance use disorder. (Amended by Stats. 2024, Ch. 847, Sec. 74. (AB 2995) Effective January 1, 2025.)
  117. 11847.4.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. )

    Verify source ↗

    The department must provide technical assistance, guidance, and information to local governments and state agencies on creating and implementing alcohol and other drug prevention, care, treatment, and rehabilitation programs. It may charge a fee for those services.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. ) ## 11847.4. The department shall provide technical assistance, guidance, and information to local governments and state agencies with respect to the creation and implementation of programs and procedures for dealing effectively with alcohol and other drug prevention, care, treatment, and rehabilitation. The department may charge a fee for these services. (Amended by Stats. 2024, Ch. 847, Sec. 75. (AB 2995) Effective January 1, 2025.)
  118. 11847.5.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. )

    Verify source ↗

    The department must set goals and priorities for state agencies providing narcotic and alcohol and other drug services, and state governmental units running or funding these programs must set annual priorities and allocate funds in coordination with the department.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. ) ## 11847.5. The department shall establish goals and priorities for all state agencies providing narcotic and alcohol and other drug services. All state governmental units operating alcohol and other drug programs or administering or subventing state or federal funds for alcohol and other drug programs shall annually set their program priorities and allocate funds in coordination with the department. (Amended by Stats. 2024, Ch. 847, Sec. 76. (AB 2995) Effective January 1, 2025.)
  119. 11847.6.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. )

    Verify source ↗

    The department must develop and submit a program budget to the Department of Finance every year.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. ) ## 11847.6. The department shall, 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. (Added by Stats. 2004, Ch. 862, Sec. 120. Effective January 1, 2005.)
  120. 118470.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Wiping Rags [118450 - 118490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A permit is required to operate a business laundering, sanitizing, or selling wiping rags, and the local health officer must issue it if the applicant complies with this article and related regulations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Wiping Rags [118450 - 118490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118470. A permit to operate any business of laundering, sanitizing, or selling wiping rags shall be issued by the local health officer if the applicant complies with the provisions of this article and any regulations adopted thereunder. The governing body of each city and county shall determine the amount of any fee for the issuance of a permit pursuant to provisions of this article for any business within the territory under its jurisdiction. The amount of the fee shall not exceed the amount necessary to defray the costs of administering this article. The permit for operation shall be posted in a conspicuous place in the business establishment for which the permit is issued. Any permit issued pursuant to this article may be suspended or revoked for any violation of any of the provisions of this article, the regulations adopted thereunder, or any condition of the permit required by the ordinance of the local governing body. Nothing in this article shall preempt local regulation of the business of laundering, sanitizing, or selling wiping rags, and any local governing body may adopt an ordinance containing requirements more restrictive than those contained in regulations adopted pursuant to this article. The local health officer shall issue and serve upon the permit holder a notice setting forth in clear and concise language the act or omission upon which the violation is based, when the permit holder is charged with any violation and shall inform the permit holder of his or her rights to a hearing prior to suspension or revocation. At any time within the 15 days after service of the notice, the permit holder may request a hearing before the local health officer to show cause why his or her permit should not be suspended or revoked. A failure to request a hearing within 15 days shall be deemed a waiver of a right to a hearing. The local health officer may call a hearing for the purpose of investigating any violations of this article. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  121. 118475.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Wiping Rags [118450 - 118490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The local health officer who issues wiping-rag permits must keep records of permit suspensions or revocations and maintain a register of permit holders and permit details.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Wiping Rags [118450 - 118490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118475. The local health officer authorized to issue permits to launder, sanitize, or sell wiping rags shall keep a record of suspension or revocation of permits and a register of: (a) The names and places of business of persons to whom permits are issued. (b) The date of issue and number of each permit. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  122. 11848.5.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. )

    Verify source ↗

    County-approved negotiated rates bind participating governmental funding sources, except Medi-Cal, and providers must report required information to the department and county.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. ) ## 11848.5. (a) Once the negotiated rate with service providers has been approved by the county, all participating governmental funding sources, except the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code), shall be bound to that rate as the cost of providing all or part of the total county alcohol and other drug program as described in the county contract for each fiscal year to the extent that the governmental funding sources participate in funding the county alcohol and other drug program. Where the State Department of Health Services adopts regulations for determining reimbursement of alcohol and other drug program services formerly allowable under the Short-Doyle program and reimbursed under the Medi-Cal Act, those regulations shall be controlling only as to the rates for reimbursement of alcohol and other drug program services allowable under the Medi-Cal program and rendered to Medi-Cal beneficiaries. Providers under this section shall report to the department and the county any information required by the department in accordance with the procedures established by the director of the department. (b) The Legislature recognizes that alcohol and other drug services differ from mental health services provided through the State Department of Health Care Services and therefore should not necessarily be bound by rate determination methodology used for reimbursement of those services formerly provided under the Short-Doyle program and reimbursed under the Medi-Cal Act. (Amended by Stats. 2024, Ch. 847, Sec. 77. (AB 2995) Effective January 1, 2025.)
  123. 118480.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Wiping Rags [118450 - 118490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Before sale, each package or parcel of wiping rags must be plainly marked as “sanitized wiping rags” and also show the name and location of the laundry that laundered and sanitized them.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Wiping Rags [118450 - 118490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118480. Before being sold or offered for sale, each package or parcel of wiping rags shall be plainly marked “sanitized wiping rags,” and in addition it shall be plainly marked with the name and location of the laundry where the rags were laundered and sanitized. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  124. 118485.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Wiping Rags [118450 - 118490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Equipment used to launder clothing or personal/household articles must not be used to launder soiled rags or soiled cloth used for wiping.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Wiping Rags [118450 - 118490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118485. No machinery or appliances used for laundering clothing and articles for personal wear or household use shall be used for laundering soiled rags or soiled cloth material for wiping rags. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  125. 11849.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. )

    Verify source ↗

    Expenditures under this part must follow the director’s regulations, and the director may investigate and audit those expenditures.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. ) ## 11849. Expenditures incurred pursuant to this part shall be in accordance with the regulations of the director and shall be subject to payment whether incurred by direct or joint operation of the facilities and services, by provisions therefor through contract, or by other arrangement pursuant to the provisions of this chapter. The director may make investigations and audits of the expenditures as he or she may deem necessary. (Added by Stats. 2004, Ch. 862, Sec. 120. Effective January 1, 2005.)
  126. 11849.5.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. )

    Verify source ↗

    Fees and certain public or private payments must be deducted from service costs when determining amounts payable, and unrestricted charitable donations are not treated as patient fees.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. ) ## 11849.5. (a) In determining the amounts that may be paid, fees paid by persons receiving services or fees paid on behalf of those persons by the federal government, by the California Medical Assistance Program set forth in Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, and by other public or private sources, shall be deducted from the costs of providing services. Whenever feasible, individuals who are experiencing substance use disorders who are eligible for alcohol and other drug services under the California Medical Assistance Program shall be treated in a facility approved for reimbursement in that program. (b) General unrestricted or undesignated private charitable donations and contributions made to charitable or nonprofit organizations shall not be considered as “fees paid by persons” or “fees paid on behalf of such persons” under this section and the contributions shall not be applied in determining the amounts to be paid. The unrestricted contributions shall not be used in part or in whole to defray the costs or the allocated costs of the California Medical Assistance Program. (Amended by Stats. 2024, Ch. 847, Sec. 78. (AB 2995) Effective January 1, 2025.)
  127. 118490.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Wiping Rags [118450 - 118490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person who violates any provision of this article commits a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Articles of Common Use [118375 - 118490] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Wiping Rags [118450 - 118490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118490. Every person who violates any provision of this article is guilty of a misdemeanor. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  128. 11850.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. )

    Verify source ↗

    The department must coordinate state narcotic and alcohol and other drug programs with the federal government and prevent duplication among state agencies. State agencies other than the Regents of the University of California must first submit related agreements, contracts, plans, and programs to the state department for review and approval before sending them to the federal government.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. ) ## 11850. The department shall coordinate all narcotic and alcohol and other drug services and related programs conducted by state agencies with the federal government, and shall ensure that there is no duplication of those programs among state agencies and that all agreements, contracts, plans, and programs proposed to be submitted by any state agency, other than the Regents of the University of California, to the federal government in relation to narcotic and alcohol and other drug related problems shall first be submitted to the state department for review and approval. (Amended by Stats. 2024, Ch. 847, Sec. 79. (AB 2995) Effective January 1, 2025.)
  129. 11850.5.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. )

    Verify source ↗

    The department may require state agencies to contract with it for services under this division.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. ) ## 11850.5. The department may require state agencies to contract with it for services to carry out the provisions of this division. (Added by Stats. 2004, Ch. 862, Sec. 120. Effective January 1, 2005.)
  130. 118500.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Restrooms [118500 - 118703] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Public Restrooms [118500 - 118507] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A public agency running a public establishment with public restroom facilities must make each sex-specific water closet available to patrons, guests, or invitees at no cost.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Restrooms [118500 - 118703] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Public Restrooms [118500 - 118507] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118500. Every public agency that conducts an establishment serving the public or open to the public and that maintains therein restroom facilities for the public, shall make every water closet for each sex maintained within the facilities available without cost or charge to the patrons, guests, or invitees of the establishment. “Public agency” as used in this section means only the state and any agency of the state and a city, a county, and a city and county. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  131. 118505.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Restrooms [118500 - 118703] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Public Restrooms [118500 - 118507] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Public facilities where the public congregates must have enough temporary or permanent restrooms to meet peak-hour public needs, subject to listed exemptions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Restrooms [118500 - 118703] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Public Restrooms [118500 - 118507] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118505. (a) Publicly and privately owned facilities where the public congregates shall be equipped with sufficient temporary or permanent restrooms to meet the needs of the public at peak hours. (b) In conformity with the State Plumbing Code, and except as otherwise provided in this section, standards shall be adopted in order to enforce this section, as follows: (1) The State Building Standards Commission shall adopt standards with respect to all state-owned or state-occupied facilities where the public congregates and over which it has jurisdiction pursuant to Section 18934.5. (2) The Office of the State Architect shall adopt standards with respect to all facilities where the public congregates and that are not covered by paragraph (1), unless exempt from coverage pursuant to this section. (c) The standards adopted pursuant to subdivision (b) shall be published in the State Building Standards Code contained in Title 24 of the California Code of Regulations. (d) This section shall apply to facilities where the public congregates that commence construction, or that undertake structural alterations, repairs, or improvements exceeding 50 percent of the entire facility, on or after January 1, 1989. (e) For the purposes of this section, “facilities where the public congregates” means sports and entertainment arenas, stadiums, community and convention halls, specialty event centers, amusement facilities, and ski resorts. For purposes of this section, “facilities where the public congregates” also means specialty event centers in public parks. (f) This section shall not apply to the following: (1) Any hotel. For purposes of this section, “hotel” means an establishment in which there exists the relationship of guests and innkeeper between the occupants and the owner or operator of the establishment. The existence of some other legal relationship between the occupants and owner or operator shall be immaterial. (2) Any restaurant or food facility, as defined in Section 113785. (3) Any public or private elementary or secondary school facility. (4) Any qualified historic building, defined as qualifying under provisions in the State Historical Building Code contained in Part 8 (commencing with Section 8-100) of Title 24 of the California Code of Regulations. (g) It is the intent of the Legislature that, in order to ensure that standards are both viable and efficacious, the Office of the State Architect and the State Building Standards Commission hold a series of public meetings with representatives of affected industries and state and local agencies prior to adopting standards under this section. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  132. 118506.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Restrooms [118500 - 118703] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Public Restrooms [118500 - 118507] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Covered public facilities must install and maintain at least one baby diaper changing station, subject to listed exceptions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Restrooms [118500 - 118703] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Public Restrooms [118500 - 118507] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118506. (a) (1) A theater or movie house, grocery store, health facility, convention center, sports arena, auditorium, cultural complex, exhibition hall, library, passenger terminal, permanent amusement park structure, restaurant with an occupancy of at least 60 persons, as determined by the State Fire Marshal, shopping center of more than 25,000 square feet, tourist attraction, or retail store of more than 5,000 square feet shall install and maintain at least one baby diaper changing station if the facility is open to the public. There shall be at least one safe, sanitary, convenient, and publicly accessible baby diaper changing station that is accessible to women entering a restroom provided for use by women and one that is accessible to men entering a restroom provided for use by men, or at least one safe, sanitary, convenient, and publicly accessible baby diaper changing station that is accessible to both men and women. (2) This section does not apply to an industrial building or to a nightclub or bar that does not permit anyone who is under 18 years of age to enter the premises. This section also does not apply to a restroom located in a health facility if the restroom is intended for the use of one patient or resident at a time. (b) This section shall not be enforceable by a private right of action. (c) (1) Subdivision (a) applies to all new construction, and, except as otherwise provided in paragraph (2), to all renovations of bathrooms for which a permit has been obtained, in which the estimated cost of the new construction or renovation is ten thousand dollars ($10,000) or more. If an entity subject to subdivision (a) is already in compliance with that subdivision at the time of new construction or renovation, additional restrooms equipped with baby diaper changing stations are not required. (2) Subdivision (a) does not apply to a renovation if a local building permitting entity or building inspector determines that the installation of a baby diaper changing station is not feasible or would result in a failure to comply with applicable building standards governing the right of access for persons with disabilities. The permitting entity or building inspector may grant an exemption from the requirements of subdivision (a) under those circumstances. (d) For purposes of this section, the following definitions shall apply: (1) “Health facility” has the meaning set forth in Section 1250. (2) “Restaurant with an occupancy of at least 60 persons” does not apply to a restaurant if there is a centrally located facility with a baby diaper changing station that is open to the public and located within 300 feet of the entrance to the restaurant. (Added by Stats. 2017, Ch. 755, Sec. 3. (AB 1127) Effective January 1, 2018.)
  133. 118507.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Restrooms [118500 - 118703] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Public Restrooms [118500 - 118507] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Local governments may require certain new or renovated public toilets to be designed and marked for all genders, and the section later ends when newer statewide standards take effect.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Restrooms [118500 - 118703] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Public Restrooms [118500 - 118507] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118507. (a) Notwithstanding Chapter 4 (commencing with Section 401.0) of the California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations), a city, county, or city and county may require new or renovated public toilet facilities within its jurisdiction to be designed, constructed, and identified for use by all genders instead of the design standards for separate facilities for men and women found in the applicable provisions in Chapter 4 of the California Plumbing Code. If a city, county, or city and county exercises the authority provided in this subdivision, it shall do so by adopting an ordinance or resolution. (b) (1) Signs in compliance with Title 24 of the California Code of Regulations shall identify the restrooms for use by all genders. (2) Single-user toilet facilities shall comply with the requirements of Part 5 of Title 24 of the California Code of Regulations. (3) In multiuser toilet facilities, lavatories shall be located either in toilet rooms or grouped in an immediately adjacent common use area accessible to all users. (c) This section shall become inoperative on the date that standards that address all-gender, multiuser facilities take effect in the California Building Standards Code (Title 24 of the California Code of Regulations) and as of that date this section is repealed. (Added by Stats. 2022, Ch. 839, Sec. 1. (SB 1194) Effective January 1, 2023. Conditionally repealed as prescribed by its own provisions.)
  134. 11851.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. )

    Verify source ↗

    The department may accept and spend money grants, gifts, and legacies, and may handle other property gifts only with Department of Finance consent.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. ) ## 11851. The department may accept and expend grants, gifts, and legacies of money, and, with the consent of the Department of Finance, accept, manage, and expend grants, gifts, and legacies of other properties in furtherance of the purposes of this division. (Added by Stats. 2004, Ch. 862, Sec. 120. Effective January 1, 2005.)
  135. 11851.5.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. )

    Verify source ↗

    Certain expenses for local advisory board members may be paid when they are incurred while carrying out official duties under an executed county contract.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. ) ## 11851.5. In addition to those expenditures authorized under Section 11851, expenditures shall include expenses incurred by members of the local advisory board on alcohol and other drug programs in providing alcohol and other drug program services through the implementation of an executed county contract. Payment shall be made of actual and necessary expenses of members incurred incident to the performance of their official duties and may include travel, lodging, and meals while on official business. (Amended by Stats. 2012, Ch. 36, Sec. 58. (SB 1014) Effective June 27, 2012. Operative July 1, 2012, by Sec. 83 of Ch. 36.)
  136. 11852.5.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. )

    Verify source ↗

    Counties and providers must charge, collect, document, and report fees for county contract alcohol and drug services, while not denying services because someone cannot pay.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. ) ## 11852.5. (a) Charges shall be made for services rendered to each person under a county contract in accordance with this section. Charges for the care and treatment of each client receiving service under a county contract shall not exceed the actual cost thereof as determined by the director in accordance with standard accounting practices. The fee requirement shall not apply to prevention and early intervention services. The director is not prohibited from including the amount of expenditures for capital outlay or the interest thereon, or both, in their determination of actual cost. The responsibility of a client, their estate, or their responsible relatives to pay the charges shall be determined in accordance with this section. (b) Each county shall determine the liability of clients rendered services under a county contract, and of their estates or responsible relatives, to pay the charges according to ability to pay. Each county shall collect the charges. The county shall establish and maintain policies and procedures for making the determinations of liability and collections, by collecting third-party payments and from other sources to the maximum extent practicable. The written criteria shall be a public record and shall be made available to the department or any individual. Fees collected shall be retained at the local level and be applied toward the purchase of additional alcohol and drug services. (c) Services shall not be denied because of a client’s ability or inability to pay. County-operated and contract providers of treatment services shall set and collect fees using methods approved by the county alcohol and drug program administrator. All approved fee systems shall conform to all of the following guidelines and criteria: (1) The fee system used shall be equitable. (2) The fee charged shall not exceed actual cost. (3) Systems used shall consider the client’s income and expenses. (4) Each provider fee system shall be approved by the county alcohol and drug program administrator. A description of each approved system shall be on file in the county board office. (d) To ensure an audit trail, the county or provider, or both, shall maintain all of the following records: (1) Fee assessment schedules and collection records. (2) Documents in each client’s file showing client’s income and expenses, and how each was considered in determining fees. (e) Each county shall furnish the director with a cost report of information the director shall require to enable the director to maintain a cost-reporting system of the costs of alcohol and other drug program services in the county funded in whole or in part by funds identified in the county contract with the department. The cost-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. An annual cost report, for the fiscal year ending June 30, shall be submitted to the department by November 1. (f) The Legislature recognizes that alcohol and other drug programs may provide a variety of services described in this part, which services will vary depending on the needs of the communities that the programs serve. In devising a system to ensure that a county has expended its funds pursuant to an approved county contract, including the budget portions of the contract, the department shall take into account the flexibility that a county has in the provision of services and the changing nature of alcohol and other drug programs in responding to the community’s needs. (g) The department shall maintain a reporting system to ensure that counties have budgeted and expended their funds pursuant to their approved contracts. (h) (1) Notwithstanding the rulemaking provisions of 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 the amendments to this section made by the act that added this subdivision by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions from the department until regulations are adopted pursuant to that chapter of the Government Code. (2) The department shall adopt emergency regulations no later than July 1, 2014. The department may subsequently readopt any emergency regulation authorized by this section that is the same as or is substantially equivalent to an emergency regulation previously adopted pursuant to this section. (3) The initial adoption of emergency regulations implementing the amendments to this section and the one readoption of emergency regulations authorized by this subdivision shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted. (Amended by Stats. 2024, Ch. 847, Sec. 80. (AB 2995) Effective January 1, 2025.)
  137. 11853.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. )

    Verify source ↗

    Counties may be encouraged to contract with providers for alcohol and drug services, and they must follow department regulations when managing contracts with community organizations.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. ) ## 11853. Counties are encouraged to contract with providers for the provision of alcohol and drug services. Counties shall comply with the regulations of the department for the management of contracts with community organizations. (Amended by Stats. 2024, Ch. 847, Sec. 81. (AB 2995) Effective January 1, 2025.)
  138. 11853.5.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. )

    Verify source ↗

    Government entities contracting for recovery services must require contractors to keep specified insurance in force, and the contract must name the government entity as an additional insured.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. ) ## 11853.5. (a) Any government entity that contracts with a privately owned recovery residence to provide recovery services, or an alcohol or other drug recovery or treatment facility to provide treatment services for more than six residents, shall require the contractor, at all times, to maintain all of the following insurance coverages, which shall include the government entity as an additional insured: (1) Commercial general liability insurance that includes coverage for premises liability, products and completed operations, contractual liability, personal injury and advertising liability, abuse, molestation, sexual actions, and assault and battery, with minimum coverage amounts for bodily injury or property damage of not less than one million dollars ($1,000,000) per occurrence. (2) Commercial or business automobile liability insurance covering all owned vehicles, hired or leased vehicles, nonowned vehicles, and borrowed and permissive uses, with minimum coverage amounts for bodily injury or property damage of not less than one million dollars ($1,000,000) per occurrence. (3) Workers’ compensation insurance, as required by law. Notwithstanding subdivision (b) of Section 3700 of the Labor Code, a certificate of self-insurance obtained pursuant to that subdivision does not satisfy this requirement. (4) Employer’s liability insurance, with minimum coverage amounts for bodily injury or disease of not less than one hundred thousand dollars ($100,000) per occurrence. (5) Professional liability and errors and omissions insurance that includes an endorsement for contractual liability, with minimum coverage amounts of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate. The contract shall include an endorsement for defense and indemnification of the government entity with which the licensee has contracted. (b) Any government entity that contracts with an alcohol or other drug recovery or treatment facility to provide treatment services for six or fewer residents, shall require the contractor, at all times, to maintain general liability insurance coverages, which shall include the government entity as an additional insured. (c) (1) A privately owned recovery residence that contracts with a government entity may meet the insurance requirements of this section by procuring coverage from an admitted insurer, or a nonadmitted insurer that is eligible to insure a home state insured under Chapter 6 (commencing with Section 1760) of Part 2 of Division 1 of the Insurance Code. (2) Notwithstanding paragraph (1), the workers’ compensation insurance required by this section shall be obtained as required by Section 3700 of the Labor Code. (d) This section does not prohibit a government entity from requiring quality and performance standards or levels of insurance coverage that are similar to, or that exceed, the standards and levels described in this section when contracting for recovery residence services. (e) For the purposes of this section, the following terms have the following meanings: (1) “Alcohol or other drug recovery or treatment facility” has the same meaning as in Section 11834.02. (2) “Government entity” means the state, a county, or a city. (3) “Recovery residence” has the same meaning as in Section 11833.05. (f) This section shall apply to contracts entered into, renewed, or amended on or after January 1, 2022. (Amended by Stats. 2024, Ch. 847, Sec. 82. (AB 2995) Effective January 1, 2025.)
  139. 11854.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. )

    Verify source ↗

    The department must create and carry out a reporting method, in consultation with the counties, to show county compliance with this part.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. ) ## 11854. The department shall devise and implement, in consultation with the counties, a program reporting method to evidence county compliance with this part. Until that date, the department shall ensure the payment and cost-reporting system does not impair the implementation of this part. (Added by Stats. 2004, Ch. 862, Sec. 120. Effective January 1, 2005.)
  140. 11854.5.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. )

    Verify source ↗

    Each county may set standards for county-operated and county-contracted alcohol and other drug treatment facilities and services, as long as they meet or exceed state standards.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. ) ## 11854.5. Each county may establish standards that meet or exceed state standards for the treatment and operation of all county-operated and county-contracted alcohol and other drug treatment facilities and services, hereafter referred to as a “quality assurance system.” A “quality assurance system” is a systematic approach for the evaluation of the quality of care, which approach is designed to promote and maintain efficient, effective, and appropriate alcohol and other drug treatment services. (Added by Stats. 2004, Ch. 862, Sec. 120. Effective January 1, 2005.)
  141. 11855.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. )

    Verify source ↗

    A Controller’s warrant may be used to make eligible payments or advances of funds, and monthly advances to a given entity cannot exceed one-twelfth of that entity’s fiscal-year allocation.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. ) ## 11855. Payments or advances of funds to cities, counties, cities and counties, or other state agencies, which funds are properly chargeable to appropriations to the department, may be made by a Controller’s warrant drawn against state funds appropriated to the department or federal funds administered by the department. No more than one-twelfth of the amount to be allocated to a given entity for the fiscal year may be advanced each month. (Added by Stats. 2004, Ch. 862, Sec. 120. Effective January 1, 2005.)
  142. 11855.5.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. )

    Verify source ↗

    The department may charge reasonable fees for voluntary program certification or renewal, and may contract with private individuals or agencies to provide technical assistance and training.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. ) ## 11855.5. (a) The department may charge a reasonable fee for the certification or renewal certification of a program that voluntarily requests the certification. The fee shall be set at a level sufficient to cover administrative costs of the program certification process incurred by the department. In calculating the administrative costs the department shall include staff salaries and benefits, related travel costs, and state operational and administrative costs. (b) The department may contract with private individuals or agencies to provide technical assistance and training to qualify programs for state certification. The department may charge a fee for these services. (Added by Stats. 2004, Ch. 862, Sec. 120. Effective January 1, 2005.)
  143. 11856.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. )

    Verify source ↗

    The department must encourage development of educational courses about alcohol and other drug problems and programs.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. ) ## 11856. The department shall encourage the development of educational courses that provide core knowledge concerning alcohol and other drug problems and programs to personnel working within alcohol and other drug programs. (Added by Stats. 2004, Ch. 862, Sec. 120. Effective January 1, 2005.)
  144. 11856.5.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. )

    Verify source ↗

    The department must conduct onsite monitoring and reviews of county-operated alcohol and other drug programs and program administration.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 13. Narcotic and Alcohol and Other Drug Use Programs [11847 - 11856.5] ( Heading of Chapter 13 amended by Stats. 2024, Ch. 847, Sec. 70. ) ## 11856.5. The department shall conduct onsite monitoring and reviews of individual county-operated alcohol and other drug programs and alcohol and other drug program administration with emphasis on the review of county administration. The administrative reviews shall include sampling of all services, including those provided by county contract providers. (Added by Stats. 2004, Ch. 862, Sec. 120. Effective January 1, 2005.)
  145. 11857.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 14. Ethical Treatment for Persons with Substance Use Disorder [11857 - 11857.5] ( Chapter 14 added by Stats. 2022, Ch. 15, Sec. 2. )

    Verify source ↗

    This chapter is called the California Ethical Treatment for Persons with Substance Use Disorder Act.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 14. Ethical Treatment for Persons with Substance Use Disorder [11857 - 11857.5] ( Chapter 14 added by Stats. 2022, Ch. 15, Sec. 2. ) ## 11857. (a) This chapter shall be known, and may be cited, as the California Ethical Treatment for Persons with Substance Use Disorder Act. (b) The purpose of this chapter is to provide protection for substance use disorder treatment clients and their families. This chapter shall be construed in favor of maximizing protections for clients and families, and the communities in which they live. (Added by Stats. 2022, Ch. 15, Sec. 2. (SB 349) Effective January 1, 2023.)
  146. 11857.1.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 14. Ethical Treatment for Persons with Substance Use Disorder [11857 - 11857.5] ( Chapter 14 added by Stats. 2022, Ch. 15, Sec. 2. )

    Verify source ↗

    This section defines three terms used in the chapter: certified treatment program, licensed treatment facility, and treatment provider.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 14. Ethical Treatment for Persons with Substance Use Disorder [11857 - 11857.5] ( Chapter 14 added by Stats. 2022, Ch. 15, Sec. 2. ) ## 11857.1. The following definitions apply for purposes of this chapter: (a) “Certified treatment program” means a program certified pursuant to Chapter 7 (commencing with Section 11830) of Part 2. (b) “Licensed treatment facility” means a facility that is, or is required to be, licensed to provide substance use disorder treatment services, including a residential alcohol or other drug recovery or treatment facility licensed under Chapter 7.5 (commencing with Section 11834.01) of Part 2. (c) “Treatment provider” means a licensed treatment facility or a certified treatment program. (Amended by Stats. 2024, Ch. 847, Sec. 83. (AB 2995) Effective January 1, 2025.)
  147. 11857.2.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 14. Ethical Treatment for Persons with Substance Use Disorder [11857 - 11857.5] ( Chapter 14 added by Stats. 2022, Ch. 15, Sec. 2. )

    Verify source ↗

    Treatment providers must give clients and prospective clients a client bill of rights, and must inform enrolled clients about those rights and complaint information.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 14. Ethical Treatment for Persons with Substance Use Disorder [11857 - 11857.5] ( Chapter 14 added by Stats. 2022, Ch. 15, Sec. 2. ) ## 11857.2. (a) Every treatment provider operating in the state shall adopt, and make available to all clients and prospective clients, a client bill of rights that ensures that persons receiving treatment for a substance use disorder have the right to all of the following: (1) To be treated for the life-threatening, chronic disease of substance use disorder with honesty, respect, and dignity, including privacy in treatment and in care of personal needs. (2) To be informed by the treatment provider of all the aspects of treatment recommended to the client, including the option of no treatment, risks of treatment, and expected result or results. (3) To be treated by treatment providers with qualified staff. (4) To receive evidence-based treatment. (5) To be treated simultaneously for co-occurring behavioral health conditions, when medically appropriate and the treatment provider is authorized to treat co-occurring conditions. (6) To receive an individualized, outcome-driven treatment plan. (7) To remain in treatment for as long as the treatment provider is authorized to treat the client. (8) To receive support, education, and treatment for their families and loved ones, if the treatment provider is authorized to provide these services. (9) To receive care in a treatment setting that is safe and ethical. (10) To be free from mental and physical abuse, exploitation, coercion, and physical restraint. (11) To be informed of these rights once enrolled to receive treatment, as evidenced by written acknowledgment or by documentation by staff in the clinical record that a written copy of these rights were given. (12) To be informed by the treatment provider of the law regarding complaints, including, but not limited to, to be informed of the address and telephone number of the department. (13) To receive ethical care that covers and ensures full compliance with the requirements set forth in Chapter 5 (commencing with Section 10500) of Division 4 of Title 9 of the California Code of Regulations and the alcohol and other drug program certification standards adopted in accordance with Section 11830.1, if applicable. (b) This section does not require a treatment provider to provide treatment or services for which they will not be reimbursed. (Added by Stats. 2022, Ch. 15, Sec. 2. (SB 349) Effective January 1, 2023.)
  148. 11857.3.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 14. Ethical Treatment for Persons with Substance Use Disorder [11857 - 11857.5] ( Chapter 14 added by Stats. 2022, Ch. 15, Sec. 2. )

    Verify source ↗

    Treatment providers must give accurate, plain-language advertising and may not make false or misleading statements about their services, identity, location, network status, or website information.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 14. Ethical Treatment for Persons with Substance Use Disorder [11857 - 11857.5] ( Chapter 14 added by Stats. 2022, Ch. 15, Sec. 2. ) ## 11857.3. (a) Any marketing or advertising materials published or disseminated by a treatment provider shall provide accurate and complete information, in plain language that is easy to understand, and shall include both of the following: (1) Information about the types and methods of services provided or used, and information about where they are provided, using the categories of treatment identified in subdivision (a) of Section 11834.26 and the levels of care established pursuant to subdivision (a) of Section 11834.015. (2) The treatment provider’s name and brand. (b) Any licensed treatment facility or certified treatment program that is required to disclose specified information pursuant to subdivision (a) of Section 11833.05 shall provide this information about its program to prospective clients. (c) It is unlawful for a treatment provider to make a false or misleading statement, or provide false or misleading information, about the nature, identity, or location of substance use disorder treatment services in advertising materials, on a call line, on an internet website, or in any other marketing materials. (d) It is unlawful for a treatment provider to make a false or misleading statement about their status as an in-network or out-of-network provider. (e) It is unlawful for any person or entity to provide, or direct any other person or entity to provide, false or misleading information about the identity of, or contact information for, any treatment provider. (f) It is unlawful for any person or entity to include false or misleading information about the internet address of any treatment provider’s website, or to surreptitiously direct or redirect the reader to another website. (g) It is unlawful for any person or entity to suggest or imply that a relationship with a treatment provider exists, unless the treatment provider has provided express, written consent to indicate that relationship. (h) It is unlawful for any person or entity to make a false or misleading statement about substance use disorder treatment services. (i) A violation of this section constitutes a deceptive act or practice under the Unfair Competition Law (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code), regardless of whether any consumer was actually misled or deceived. (Added by Stats. 2022, Ch. 15, Sec. 2. (SB 349) Effective January 1, 2023.)
  149. 11857.4.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 14. Ethical Treatment for Persons with Substance Use Disorder [11857 - 11857.5] ( Chapter 14 added by Stats. 2022, Ch. 15, Sec. 2. )

    Verify source ↗

    Treatment providers must keep records of referrals to or from recovery residences.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 14. Ethical Treatment for Persons with Substance Use Disorder [11857 - 11857.5] ( Chapter 14 added by Stats. 2022, Ch. 15, Sec. 2. ) ## 11857.4. (a) Every treatment provider shall maintain records of referrals made to or from recovery residences, including, if available, information about where the client referred by a treatment provider ultimately elected to go. (b) For purposes of this section, “recovery residence” has the same meaning as in Section 11833.05. (c) For purposes of this section, “referral” means when a person or entity provides a client by any means the name, address, or other identifying information for a recovery residence. (Added by Stats. 2022, Ch. 15, Sec. 2. (SB 349) Effective January 1, 2023.)
  150. 11857.5.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 14. Ethical Treatment for Persons with Substance Use Disorder [11857 - 11857.5] ( Chapter 14 added by Stats. 2022, Ch. 15, Sec. 2. )

    Verify source ↗

    Treatment providers may not take payment for substance use disorder treatment tied to conduct declared unlawful under this chapter, and violations can lead to civil penalties and related court-ordered relief.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 14. Ethical Treatment for Persons with Substance Use Disorder [11857 - 11857.5] ( Chapter 14 added by Stats. 2022, Ch. 15, Sec. 2. ) ## 11857.5. (a) (1) A treatment provider shall not request, receive, or retain payment for substance use disorder treatments provided to a client as a result of conduct declared unlawful under this chapter. (2) A person or entity who violates this chapter shall be subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation. (3) Any person or entity who suffers any injury or damages, including, but not limited to, paying for treatment or services that were performed in violation of this chapter, as a result of the use or employment by a treatment provider or other person of any method, act, or practice declared unlawful under this chapter may bring a claim against the treatment provider who committed the violation and against any other person or entity who aided, abetted, or took part in the violation. In any action brought under this paragraph, the court shall, in addition to any other appropriate legal or equitable relief, award three times the damages sustained by any injured person. In any action under this paragraph, the court shall also award reasonable attorney’s fees and costs to a prevailing plaintiff. (4) (A) The Attorney General, a district attorney, a county counsel, a city attorney, or any person who has suffered any injury or damages, including, but not limited to, paying for treatment or services that were performed in violation of this chapter, may bring a claim that an act or practice violates this chapter and seek one or more of the following: (i) Declaratory relief to enjoin a person or entity who has violated or is violating this chapter. (ii) A civil penalty of not more than twenty thousand dollars ($20,000) for each violation of this chapter. (B) If a claim under clause (i) or (ii) is successful, in whole or in part, the court shall award reasonable attorney’s fees and costs to the plaintiff or prosecutor. (5) The department may investigate an allegation of a violation of this chapter. Upon finding a violation, the department may take any action under Sections 11831.7, 11834.34, and 11834.36 with respect to the offending provider, including, but not limited to, suspension or revocation of a license or certification. If the department imposes a civil penalty, the civil penalty shall not be more than twenty thousand dollars ($20,000) for each violation of this chapter. (b) (1) The department shall promulgate regulations to implement the applicable provisions of this chapter. (2) Notwithstanding paragraph (1) and 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 chapter by means of provider bulletins, written guidelines, or similar instructions, until regulations are adopted. (Added by Stats. 2022, Ch. 15, Sec. 2. (SB 349) Effective January 1, 2023.)
  151. 118600.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Restrooms [118500 - 118703] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Single-User Restrooms [118600- 118600.] ( Article 5 added by Stats. 2016, Ch. 818, Sec. 1. )

    Verify source ↗

    Single-user toilet facilities in covered locations must be marked as all-gender toilet facilities with compliant signage, and inspectors may check compliance during inspections.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Restrooms [118500 - 118703] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Single-User Restrooms [118600- 118600.] ( Article 5 added by Stats. 2016, Ch. 818, Sec. 1. ) ## 118600. (a) All single-user toilet facilities in any business establishment, place of public accommodation, or state or local government agency shall be identified as all-gender toilet facilities by signage that complies with Title 24 of the California Code of Regulations, and designated for use by no more than one occupant at a time or for family or assisted use. (b) During any inspection of a business or a place of public accommodation by an inspector, building official, or other local official responsible for code enforcement, the inspector or official may inspect for compliance with this section. (c) For the purposes of this section, “single-user toilet facility” means a toilet facility with no more than one water closet and one urinal with a locking mechanism controlled by the user. (d) This section shall become operative on March 1, 2017. (e) This section does not apply to construction jobsites, as described in subdivision (a) of Section 6722 of the Labor Code. (Amended by Stats. 2023, Ch. 529, Sec. 2. (AB 521) Effective January 1, 2024.)
  152. 11870.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 16. Opioid Antagonist on Premises of Stadiums, Concert Venues, and Amusement Parks [11870 - 11872] ( Chapter 16 added by Stats. 2023, Ch. 596, Sec. 1. )

    Verify source ↗

    This section defines the terms “amusement park,” “auto-injector,” and “opioid antagonist” for the chapter.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 16. Opioid Antagonist on Premises of Stadiums, Concert Venues, and Amusement Parks [11870 - 11872] ( Chapter 16 added by Stats. 2023, Ch. 596, Sec. 1. ) ## 11870. For purposes of this chapter, the following definitions apply: (a) “Amusement park” means a gated facility that requires a ticket for entry, has attendance greater than 1,000,000 visitors annually, and operates 10 or more amusement rides regulated under Sections 7900 to 7919, inclusive, and Sections 7920 to 7932, inclusive, of the Labor Code. (b) “Auto-injector” means a disposable delivery device designed for the automatic injection of a premeasured dose of an opioid antagonist into the human body and approved by the United States Food and Drug Administration for layperson use. (c) “Opioid antagonist” means naloxone hydrochloride or another drug approved by the United States Food and Drug Administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body, and has been approved for the treatment of an opioid overdose. (Added by Stats. 2023, Ch. 596, Sec. 1. (SB 234) Effective January 1, 2024.)
  153. 118700.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Restrooms [118500 - 118703] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Restroom Access for Medical Conditions [118700 - 118703] ( Article 6 added by Stats. 2022, Ch. 893, Sec. 1. )

    Verify source ↗

    This section defines “Department” and “eligible medical condition” for this article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Restrooms [118500 - 118703] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Restroom Access for Medical Conditions [118700 - 118703] ( Article 6 added by Stats. 2022, Ch. 893, Sec. 1. ) ## 118700. For purposes of this article, the following definitions apply: (a) “Department” means the State Department of Public Health, unless otherwise specified. (b) “Eligible medical condition” means Crohn’s disease, ulcerative colitis, other inflammatory bowel disease, irritable bowel syndrome, or another medical condition that requires immediate access to a toilet facility. (Added by Stats. 2022, Ch. 893, Sec. 1. (AB 1632) Effective January 1, 2023.)
  154. 118701.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Restrooms [118500 - 118703] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Restroom Access for Medical Conditions [118700 - 118703] ( Article 6 added by Stats. 2022, Ch. 893, Sec. 1. )

    Verify source ↗

    The State Department of Public Health must implement this article, consulting with the Department of Consumer Affairs, and the article cannot conflict with or limit certain civil rights laws.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Restrooms [118500 - 118703] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Restroom Access for Medical Conditions [118700 - 118703] ( Article 6 added by Stats. 2022, Ch. 893, Sec. 1. ) ## 118701. (a) The State Department of Public Health shall implement this article, in consultation with the Department of Consumer Affairs. (b) This article shall be implemented only to the extent that it is neither in conflict with nor construed to limit rights under the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the Unruh Civil Rights Act (Section 51 of the Civil Code), or any other civil rights law, as applicable. (c) An employee toilet facility, as accessed pursuant to this article, shall not be construed as a place of public accommodation for purposes of state law. (Added by Stats. 2022, Ch. 893, Sec. 1. (AB 1632) Effective January 1, 2023.)
  155. 118702.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Restrooms [118500 - 118703] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Restroom Access for Medical Conditions [118700 - 118703] ( Article 6 added by Stats. 2022, Ch. 893, Sec. 1. )

    Verify source ↗

    Certain businesses open to the public must let qualifying individuals use an employee toilet facility during normal business hours.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Restrooms [118500 - 118703] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Restroom Access for Medical Conditions [118700 - 118703] ( Article 6 added by Stats. 2022, Ch. 893, Sec. 1. ) ## 118702. (a) A place of business that is open to the general public for the sale of goods and that has a toilet facility for its employees shall allow any individual who is lawfully on the premises of that place of business to use that toilet facility during normal business hours, even if the place of business does not normally make the employee toilet facility available to the general public, if all of the following conditions are met: (1) The individual requesting use of the employee toilet facility has an eligible medical condition, as defined in Section 118700, or uses an ostomy device. The place of business may require the individual to present reasonable evidence that the individual meets the condition in this paragraph, as described in subdivision (b). (2) Three or more employees of the place of business are working onsite at the time that the individual requests use of the employee toilet facility. (3) The employee toilet facility is not located in an employee changing area or an area where providing access would create an obvious health or safety risk to the requesting individual or would create an obvious security risk to the place of business. (4) Use of the employee toilet facility would not create an obvious health or safety risk to the requesting individual. (5) A public restroom is not immediately accessible to the requesting individual. (b) If the place of business requires the requesting individual to present reasonable evidence that the individual has an eligible medical condition or uses an ostomy device, the individual may present a signed statement issued to the individual by a physician, nurse practitioner, or physician assistant, licensed under the Business and Professions Code, on a form developed by the department pursuant to Section 118703. The signed statement is sufficient for purposes of presenting reasonable evidence, if required by the place of business. (c) (1) Subject to paragraphs (2) to (4), inclusive, a violation of subdivision (a) is subject to a civil penalty not exceeding one hundred dollars ($100) for each violation. (2) A place of business is not civilly liable for a violation of subdivision (a) unless the violation is willful or grossly negligent. (3) An employee of a place of business is not civilly liable, and shall not be subject to paragraph (1), for a violation of subdivision (a). The employee shall not be subject to discharge or any other disciplinary action by their employer for a violation of subdivision (a), unless the employee’s action is contrary to an expressed policy developed by their employer pursuant to this section. (4) This section does not create or imply a private right of action for a violation of subdivision (a). (d) A place of business is not required to make any physical changes to an employee toilet facility for purposes of this section. (Added by Stats. 2022, Ch. 893, Sec. 1. (AB 1632) Effective January 1, 2023.)
  156. 118703.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Restrooms [118500 - 118703] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Restroom Access for Medical Conditions [118700 - 118703] ( Article 6 added by Stats. 2022, Ch. 893, Sec. 1. )

    Verify source ↗

    The department must create a standard electronic form and post it on its website in printable format.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Restrooms [118500 - 118703] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Restroom Access for Medical Conditions [118700 - 118703] ( Article 6 added by Stats. 2022, Ch. 893, Sec. 1. ) ## 118703. (a) The department shall develop a standard electronic form that may be signed by a health care provider, as specified in subdivision (b) of Section 118702, to serve as reasonable evidence of the existence of an eligible medical condition or use of an ostomy device. The department shall post the form, in a printable format, on the department’s internet website. (b) The form shall include all of the following components: (1) Space for the requesting individual’s name. (2) Space for the requesting individual’s address. (3) Space for the requesting individual’s date of birth. (4) Space for the health care provider’s name, signature, and statement confirming the eligible medical condition or use of an ostomy device. (5) Both of the following statements: (A) “MEDICAL ALERT: RESTROOM ACCESS REQUIRED.” (B) “The holder of this form uses an ostomy device or suffers from Crohn’s disease, ulcerative colitis, other inflammatory bowel disease, irritable bowel syndrome, or another medical condition that requires immediate access to a toilet facility.” (6) A reference to this article and to any regulations adopted to implement this article. (Added by Stats. 2022, Ch. 893, Sec. 1. (AB 1632) Effective January 1, 2023.)
  157. 11871.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 16. Opioid Antagonist on Premises of Stadiums, Concert Venues, and Amusement Parks [11870 - 11872] ( Chapter 16 added by Stats. 2023, Ch. 596, Sec. 1. )

    Verify source ↗

    Stadiums, concert venues, and amusement parks must keep unexpired naloxone or another opioid antagonist on site and make sure employees and emergency responders can locate it.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 16. Opioid Antagonist on Premises of Stadiums, Concert Venues, and Amusement Parks [11870 - 11872] ( Chapter 16 added by Stats. 2023, Ch. 596, Sec. 1. ) ## 11871. (a) Each stadium, concert venue, and amusement park shall, at all times, maintain unexpired doses of naloxone hydrochloride or any other opioid antagonist on its premises and ensure that at least two employees are aware of the location of the naloxone hydrochloride or other opioid antagonist. (b) Each stadium, concert venue, and amusement park shall ensure that the naloxone hydrochloride or other opioid antagonist is easily accessible and its location is known by emergency responders on the premises or otherwise widely known. (Amended by Stats. 2024, Ch. 199, Sec. 1. (AB 1996) Effective January 1, 2025.)
  158. 11872.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 16. Opioid Antagonist on Premises of Stadiums, Concert Venues, and Amusement Parks [11870 - 11872] ( Chapter 16 added by Stats. 2023, Ch. 596, Sec. 1. )

    Verify source ↗

    People who good-faith administer naloxone or another opioid antagonist at a stadium, concert venue, or amusement park to someone who appears to be overdosing are protected from civil liability and criminal prosecution, with stated exceptions.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE [11760 - 11872] ( Heading of Part 2 amended by Stats. 2004, Ch. 862, Sec. 43. ) ## CHAPTER 16. Opioid Antagonist on Premises of Stadiums, Concert Venues, and Amusement Parks [11870 - 11872] ( Chapter 16 added by Stats. 2023, Ch. 596, Sec. 1. ) ## 11872. (a) (1) Notwithstanding any other law except for Division 5 (commencing with Section 6300) of the Labor Code and Chapters 3.2 (commencing with Section 330), 3.3 (commencing with Section 345), 3.5 (commencing with Section 401), 4 (commencing with Section 450), and 7 (commencing with Section 14000) of Division 1 of Title 8 of the California Code of Regulations, a person who, in good faith, administers naloxone hydrochloride or another opioid antagonist by nasal spray or by auto-injector on the premises of a stadium, concert venue, or amusement park to a person who appears to be experiencing an opioid overdose shall not be liable in a civil action, or be subject to criminal prosecution for their acts or omissions in administering the naloxone hydrochloride or another opioid antagonist. (2) (A) The protection specified in subdivision (a) shall not apply in a case of gross negligence or willful and wanton misconduct of the person who renders emergency care treatment by the use of naloxone hydrochloride or another opioid antagonist. (B) Subparagraph (A) shall not apply to an employee of a stadium, concert venue, or amusement park, or an employee of an entity that owns, occupies, or operates a stadium, concert venue, or amusement park. (b) Notwithstanding any other law except for Division 5 (commencing with Section 6300) of the Labor Code and Chapters 3.2 (commencing with Section 330), 3.3 (commencing with Section 345), 3.5 (commencing with Section 401), 4 (commencing with Section 450), and 7 (commencing with Section 14000) of Division 1 of Title 8 of the California Code of Regulations, a stadium, concert venue, or amusement park, or its employees, or an entity that owns, occupies, or operates a stadium, concert venue, or amusement park, or its employees, shall not be liable in a civil action, or be subject to criminal prosecution, for the administration of naloxone hydrochloride or another opioid antagonist on the premises of the stadium, concert venue, or amusement park, including by an employee of the stadium, concert venue, or amusement park, or by an employee of the entity that owns, occupies, or operates the stadium, concert venue, or amusement park. (c) Notwithstanding any other law except for Division 5 (commencing with Section 6300) of the Labor Code and Chapters 3.2 (commencing with Section 330), 3.3 (commencing with Section 345), 3.5 (commencing with Section 401), 4 (commencing with Section 450), and 7 (commencing with Section 14000) of Division 1 of Title 8 of the California Code of Regulations, a stadium, concert venue, or amusement park, or its employees, or an entity that owns, occupies, or operates a stadium, concert venue, or amusement park, or its employees, shall have no obligation to administer naloxone hydrochloride or another opioid antagonist in the event of an apparent opioid overdose on the premises of the stadium, concert venue, or amusement park, and shall not be liable in a civil action, or be subject to criminal prosecution, if they fail to identify an apparent opioid overdose or fail to administer naloxone hydrochloride or another opioid antagonist on the premises of the stadium, concert venue, or amusement park. (Added by Stats. 2023, Ch. 596, Sec. 1. (SB 234) Effective January 1, 2024.)
  159. 11876.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 3. STATE GOVERNMENT’S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE USE OF ALCOHOL AND OTHER DRUGS [11876 - 11975] ( Heading of Part 3 amended by Stats. 2024, Ch. 847, Sec. 84. ) ## CHAPTER 1. General [11876- 11876.] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3. Narcotic Treatment Programs [11876- 11876.] ( Article 3 repealed and added by Stats. 2004, Ch. 862, Sec. 125.5. )

    Verify source ↗

    The department must inspect certain programs that dispense controlled substances.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 3. STATE GOVERNMENT’S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE USE OF ALCOHOL AND OTHER DRUGS [11876 - 11975] ( Heading of Part 3 amended by Stats. 2024, Ch. 847, Sec. 84. ) ## CHAPTER 1. General [11876- 11876.] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3. Narcotic Treatment Programs [11876- 11876.] ( Article 3 repealed and added by Stats. 2004, Ch. 862, Sec. 125.5. ) ## 11876. The department shall inspect programs dispensing controlled substances described in subdivision (c) of Section 11839.2 to ensure that the programs are operating in compliance with applicable federal statutes and regulations, including the provisions of Part 8 of Title 42 of the Code of Federal Regulations. (Amended by Stats. 2012, Ch. 36, Sec. 65. (SB 1014) Effective June 27, 2012. Operative July 1, 2012, by Sec. 83 of Ch. 36.)
  160. 118825.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Miscellaneous Noise Control [118825 - 118830] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section says excessive noise is a health hazard and environmental degradation, and states a need for legal limits on aircraft landing noise in the state.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Miscellaneous Noise Control [118825 - 118830] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118825. The Legislature, recognizing the growing problem of noise pollution throughout the state and that we are daily assaulted with increased noise from advancing technology, machines, vehicles, and human clamor, declares that excessive noise must be considered a degradation of our environment and a health hazard to our citizens. The Legislature further declares that it is particularly concerned that the proposed supersonic transport aircraft may significantly increase the noise level in the areas surrounding our state’s airports unless preventive legal sanctions are invoked. The Legislature is compelled to enact a noise limit for aircraft landing in the state, as a necessary and proper function of its police powers, in order to protect the health and welfare of the citizens of this state. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  161. 118830.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Miscellaneous Noise Control [118825 - 118830] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Aircraft entering commercial service may not land or take off in the state if they exceed federal noise limits, except in an emergency and for a limited grandfathered category of aircraft.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Miscellaneous Noise Control [118825 - 118830] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118830. (a) Except in an emergency situation, no private or commercial aircraft entering commercial service after the effective date of this section may land or take off within the state if it produces noise in excess of the federal certification limits for subsonic jet transport aircraft as set forth in Title 14, Code of Federal Regulations, Part 36. (b) The prohibition contained in this section shall not apply in the case of an aircraft of a type or class manufactured or in production on or before the effective date of this section where the manufacture of the aircraft is ordered and the aircraft is delivered for commercial service no later than three years after the effective date of this section. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  162. 118875.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. California Indoor Clean Air Act of 1976 [118875 - 118915] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section says Article 1 and Article 2 are to be known and cited as the California Indoor Clean Air Act of 1976.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. California Indoor Clean Air Act of 1976 [118875 - 118915] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118875. This article and Article 2 (commencing with Section 118920) shall be known and may be cited as the California Indoor Clean Air Act of 1976. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  163. 118880.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. California Indoor Clean Air Act of 1976 [118875 - 118915] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The Legislature states that tobacco smoke is a hazard to the health of the general public.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. California Indoor Clean Air Act of 1976 [118875 - 118915] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118880. The Legislature finds and declares that tobacco smoke is a hazard to the health of the general public. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  164. 118885.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. California Indoor Clean Air Act of 1976 [118875 - 118915] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    In certain publicly owned buildings, at least half of the public meeting area must be set aside and posted as a no-smoking area while the meeting is in progress.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. California Indoor Clean Air Act of 1976 [118875 - 118915] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118885. Within indoor rooms, indoor chambers, or indoor places of public assembly in publicly owned buildings in which public business is conducted requiring or providing direct participation or observation by the general public there shall be a contiguous area of not less than 50 percent of the total area of the room, chamber, or place designated and posted by signs of sufficient number and posted in locations as to be readily seen by persons within the area, where the smoking of tobacco is prohibited while a public meeting is in progress. A public body, commission, agency, or other entity conducting a public meeting may waive the requirements of this section with respect to its own members, provided that the rights of nonsmoking members are not adversely affected. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  165. 118890.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. California Indoor Clean Air Act of 1976 [118875 - 118915] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Health facilities and clinics must try to place patients according to smoking preference and must post a nonsmoking section in certain dining areas.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. California Indoor Clean Air Act of 1976 [118875 - 118915] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118890. Every health facility, as defined in Section 1250, and clinic, as defined in Section 1200, shall comply with the following: (a) Shall make every reasonable effort to assign patients to rooms according to the patient’s individual nonsmoking or smoking preference. (b) Shall designate and post by signs of sufficient number and posted in locations as to be readily seen by persons within the area, a contiguous area of not less than 20 percent of every cafeteria or other dining area whose occupied capacity is 50 or more persons as a nonsmoking section. (c) This section shall not prevent any health facility or clinic from banning smoking in any area that it may designate and post by sign or in all areas of the facility or clinic. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  166. 118895.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. California Indoor Clean Air Act of 1976 [118875 - 118915] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    In certain publicly owned performance buildings, signs must be posted where they can easily be seen to state that tobacco smoking is prohibited outside the lobby.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. California Indoor Clean Air Act of 1976 [118875 - 118915] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118895. Within every publicly owned building open to the general public for the primary purpose of exhibiting any motion picture, stage drama, music recital, or any other performance, with the exception of any indoor sporting event, signs shall be posted in sufficient number and in locations as to be readily seen by persons within the area, that shall designate that the smoking of tobacco is prohibited in any area other than that commonly known as the lobby. This prohibition shall not apply except during those times when the building is actually open to the public. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  167. 118900.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. California Indoor Clean Air Act of 1976 [118875 - 118915] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Restaurants in publicly owned buildings with rooms for 50 or more people must have a posted nonsmoking area covering at least 20% of the serving area.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. California Indoor Clean Air Act of 1976 [118875 - 118915] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118900. Within every restaurant in a publicly owned building serving food or alcoholic beverages in rooms whose occupied capacity is 50 or more persons there shall be designated and posted by signs of sufficient number and posted in locations as to be readily seen by persons within the area, a contiguous area of not less than 20 percent of the serving area where the smoking of tobacco is prohibited. (a) This section shall not apply to banquet rooms in use for private functions. (b) This section shall not apply to premises under lease as a restaurant for the time as the lessee of record on January 1, 1977, has a lease as the operator of the restaurant. (c) As used in this section, “restaurant” means any place designated as a restaurant by Section 28522. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  168. 118905.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. California Indoor Clean Air Act of 1976 [118875 - 118915] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Any person may seek a writ of mandate to force a public entity to comply with the article’s nonsmoking-area posting requirements, and a successful applicant may recover reasonable suit costs and attorney fees.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. California Indoor Clean Air Act of 1976 [118875 - 118915] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118905. Any person may apply for a writ of mandate to compel compliance by any public entity that has not complied with the requirements of this article and Article 3 (commencing with Section 118920) for the designating or posting of nonsmoking areas or areas where the smoking of tobacco is prohibited. If judgment is given for the applicant, he or she may recover all reasonable costs of the suit, including reasonable attorney fees, reasonableness to be determined by the court. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  169. 118910.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. California Indoor Clean Air Act of 1976 [118875 - 118915] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Local governing bodies may completely ban smoking of tobacco products or regulate it, so long as the regulation is not inconsistent with this article, Article 3, or other state law.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. California Indoor Clean Air Act of 1976 [118875 - 118915] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118910. (a) The Legislature declares its intent not to preempt the field of regulation of the smoking of tobacco products. A local governing body may ban completely the smoking of tobacco products, or may regulate smoking of tobacco products in any manner not inconsistent with this article and Article 3 (commencing with Section 118920) or any other provision of state law. (b) For purposes of this section, “smoking” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code. (c) For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code. (Amended by Stats. 2016, 2nd Ex. Sess., Ch. 7, Sec. 18. (SB 5 2x) Effective June 9, 2016.)
  170. 118915.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. California Indoor Clean Air Act of 1976 [118875 - 118915] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    No person may smoke tobacco products in a retail food production and marketing establishment while it is open to the public, except for specified exempt areas.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. California Indoor Clean Air Act of 1976 [118875 - 118915] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118915. (a) Except as provided in subdivision (b), no person shall smoke any tobacco product in any retail food production and marketing establishment, as defined in Section 28802, during the hours the establishment is open to the public. (b) The provisions of subdivision (a) shall not apply to that portion of an establishment subject to Section 118900 nor to an area of an establishment set aside for employee smoking and not open to the public. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  171. 118916.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1.5. Smokeless Tobacco in Professional Baseball [118916- 118916.] ( Article 1.5 added by Stats. 2015, Ch. 779, Sec. 1. )

    Verify source ↗

    A person must not use or possess smokeless tobacco on the playing field of a baseball stadium.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1.5. Smokeless Tobacco in Professional Baseball [118916- 118916.] ( Article 1.5 added by Stats. 2015, Ch. 779, Sec. 1. ) ## 118916. (a) (1) The Legislature finds and declares that the use of smokeless tobacco products by professional baseball players is a matter of statewide interest and concern. It is the intent of the Legislature in enacting this section to prohibit the use of smokeless tobacco products by professional baseball players in stadiums in this state. (2) The Legislature further finds that there is a high level of smokeless tobacco use by Major League Baseball players, as well as a well-established role-model effect between professional baseball players and youth. A ban on the use of smokeless tobacco in professional baseball takes aim at the use of smokeless tobacco by professional baseball players at stadiums throughout California with the goal that impressionable youth never begin to use smokeless tobacco products or associate smokeless tobacco with the sport of baseball. (3) To promote a healthy and active lifestyle and to set a better example for youth, the Legislature urges Major League Baseball and the Major League Baseball Players Association to adopt a nationwide ban on the use of smokeless tobacco by players, managers, and coaches in public stadiums. Since 1993, minor league baseball has prohibited the use or possession of smokeless tobacco by players, coaches, and umpires on ballpark premises and during club travel. (b) A person shall not use or possess a smokeless tobacco product at any time on the playing field of a baseball stadium. (c) For purposes of this section, the following definitions shall apply: (1) “Baseball stadium” means the physical area in which a professional baseball game or practice is occurring. (2) “Playing field” means the area in which a baseball game is played, including a dugout, bullpen, and team bench area. (3) “Professional baseball” means baseball games played in connection with Major League Baseball or minor league baseball. (4) “Smokeless tobacco” means a product that contains cut, ground, powdered, or leaf tobacco and is intended to be placed in the oral or nasal cavity, including, but not limited to, snuff, chewing tobacco, dipping tobacco, dissolvable tobacco products, and snus. (d) This section sets forth minimum state restrictions on the use or possession of smokeless tobacco in a baseball stadium and does not preempt or otherwise prohibit the adoption of a local ordinance that imposes a more restrictive or complete ban on smokeless tobacco use and possession in a baseball stadium. A local ordinance that imposes a more restrictive or complete ban on smokeless tobacco use or possession in a baseball stadium shall control in the event of an inconsistency between this section and the local ordinance. (e) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (f) This section shall become operative on December 1, 2016. (Added by Stats. 2015, Ch. 779, Sec. 1. (AB 768) Effective January 1, 2016. Section operative December 1, 2016, by its own provisions.)
  172. 118920.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Smoking in Private and Public Transportation [118920 - 118945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section says the Legislature intends to eliminate smoking on public transportation vehicles.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Smoking in Private and Public Transportation [118920 - 118945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118920. (a) The Legislature hereby finds and declares that the United States Surgeon General’s 1986 Report on the Health Consequences of Involuntary Smoking conclude all of the following: (1) Involuntary smoking is a cause of disease, including lung cancer, in healthy nonsmokers. (2) The children of parents who smoke compared with the children of nonsmoking parents have an increased frequency of respiratory infections, increased respiratory symptoms, and slightly smaller rates of increase in lung function as the lungs mature. (3) The simple separation of smokers and nonsmokers within the same air space may reduce, but does not eliminate, the exposure of nonsmokers to environmental tobacco smoke. (b) The Legislature further finds and declares the following: (1) Nonsmokers have no adequate means to protect themselves from the damage inflicted upon them when they involuntarily inhale tobacco smoke. (2) Regulation of smoking in public places is necessary to protect the health, safety, welfare, comfort, and environment of nonsmokers. (c) It is, therefore, the intent of the Legislature, in enacting this article, to eliminate smoking on public transportation vehicles. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  173. 118925.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Smoking in Private and Public Transportation [118920 - 118945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person must not smoke tobacco products or other plant products in specified public transportation settings and vehicles, with limited federal-law exceptions for Amtrak and aircraft.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Smoking in Private and Public Transportation [118920 - 118945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118925. (a) (1) It is unlawful for any person to smoke a tobacco product in any vehicle of a passenger stage corporation, the National Railroad Passenger Corporation (Amtrak) except to the extent permitted by federal law, in any aircraft except to the extent permitted by federal law, on a public transportation system, as defined by Section 99211 of the Public Utilities Code, or in any vehicle of an entity receiving any transit assistance from the state. (2) (A) For purposes of this subdivision, “smoke” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code. (B) For purposes of this subdivision, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code. (b) It is unlawful for any person to smoke any plant product other than a tobacco product in any vehicle of a passenger stage corporation, the National Railroad Passenger Corporation (Amtrak) except to the extent permitted by federal law, in any aircraft except to the extent permitted by federal law, on a public transportation system, as defined by Section 99211 of the Public Utilities Code, or in any vehicle of an entity receiving any transit assistance from the state. (Amended by Stats. 2016, 2nd Ex. Sess., Ch. 7, Sec. 19. (SB 5 2x) Effective June 9, 2016.)
  174. 118930.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Smoking in Private and Public Transportation [118920 - 118945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A notice prohibiting smoking, shown as a symbol and in English, must be posted in each vehicle or aircraft covered by this article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Smoking in Private and Public Transportation [118920 - 118945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118930. A notice prohibiting smoking, displayed as a symbol and in English, shall be posted in each vehicle or aircraft subject to this article. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  175. 118935.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Smoking in Private and Public Transportation [118920 - 118945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Transportation providers must post smoking restrictions in waiting areas and ticketing areas, and no one may smoke in posted areas.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Smoking in Private and Public Transportation [118920 - 118945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118935. (a) Every person and public agency providing transportation services for compensation, including, but not limited to, the National Railroad Passenger Corporation (Amtrak) to the extent permitted by federal law, passenger stage corporations, and local agencies that own or operate airports, shall designate and post, by signs of sufficient number and posted in locations that may be readily seen by persons within the area, a contiguous area of not less than 75 percent of any area made available by the person or public agency as a waiting room for these passengers where the smoking of tobacco is prohibited. Not more than 25 percent of any given area may be set aside for smokers. (b) Every person or public agency subject to subdivision (a) shall also post, by sign of sufficient number and posted in locations as to be readily seen by persons within the area of any building where tickets, tokens, or other evidences that a fare has been paid for transportation services that are provided by the person or public agency, a notice that the smoking of tobacco by persons waiting in line to purchase the tickets, tokens, or other evidences that a fare has been paid is prohibited. (c) It is unlawful for any person to smoke in an area posted pursuant to this section. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  176. 118940.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Smoking in Private and Public Transportation [118920 - 118945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section says the article does not override a local ordinance on the same subject if the local ordinance is more restrictive in favor of nonsmokers.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Smoking in Private and Public Transportation [118920 - 118945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118940. This article does not preempt any local ordinance on the same subject where a local ordinance is more restrictive to the benefit of the nonsmoker. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  177. 118945.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Smoking in Private and Public Transportation [118920 - 118945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Violating this article is an infraction, with fines that increase for repeat violations within one year.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Smoking in Private and Public Transportation [118920 - 118945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118945. Any violation of this article is an infraction punishable by a fine not exceeding one hundred dollars ($100) for a first violation, by a fine not exceeding two hundred dollars ($200) for a second violation within one year, or by a fine not exceeding five hundred dollars ($500) for a third and for each subsequent violation within one year. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  178. 118947.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.5. Smoking in Motor Vehicles [118947 - 118949] ( Article 2.5 added by Stats. 2007, Ch. 425, Sec. 1. )

    Verify source ↗

    This section says the act is known, and may be cited, as the Marco Firebaugh Memorial Children’s Health and Safety Act of 2007.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.5. Smoking in Motor Vehicles [118947 - 118949] ( Article 2.5 added by Stats. 2007, Ch. 425, Sec. 1. ) ## 118947. This act shall be known, and may be cited, as the Marco Firebaugh Memorial Children’s Health and Safety Act of 2007. (Added by Stats. 2007, Ch. 425, Sec. 1. Effective January 1, 2008.)
  179. 118948.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.5. Smoking in Motor Vehicles [118947 - 118949] ( Article 2.5 added by Stats. 2007, Ch. 425, Sec. 1. )

    Verify source ↗

    A person may not smoke a tobacco product in a motor vehicle when a minor is inside.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.5. Smoking in Motor Vehicles [118947 - 118949] ( Article 2.5 added by Stats. 2007, Ch. 425, Sec. 1. ) ## 118948. (a) It is unlawful for a person to smoke a tobacco product in a motor vehicle, whether in motion or at rest, in which there is a minor. (b) For purposes of this section, “smoke” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code. (c) For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code. (d) A violation of this section is an infraction punishable by a fine not exceeding one hundred dollars ($100) for each violation. (Amended by Stats. 2016, 2nd Ex. Sess., Ch. 7, Sec. 20. (SB 5 2x) Effective June 9, 2016.)
  180. 118949.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.5. Smoking in Motor Vehicles [118947 - 118949] ( Article 2.5 added by Stats. 2007, Ch. 425, Sec. 1. )

    Verify source ↗

    A law enforcement officer may not stop a vehicle just to check whether the driver is violating this article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.5. Smoking in Motor Vehicles [118947 - 118949] ( Article 2.5 added by Stats. 2007, Ch. 425, Sec. 1. ) ## 118949. A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether the driver is in violation of this article. (Added by Stats. 2007, Ch. 425, Sec. 1. Effective January 1, 2008.)
  181. 118950.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Tobacco Distribution [118950- 118950.] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section bans nonsale distribution of smokeless tobacco or cigarettes in listed public places and open private property, and sets civil penalties for violations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Indoor Air Quality [118875 - 118950] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Tobacco Distribution [118950- 118950.] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 118950. (a) The Legislature hereby finds and declares the following: (1) Smoking is the single most important source of preventable disease and premature death in California. (2) Smoking is responsible for one-quarter of all death caused by fire. (3) Tobacco-related disease places a tremendous financial burden upon the persons with the disease, their families, the health care delivery system, and society as a whole. (4) Despite laws in at least 44 states prohibiting the sale of tobacco products to minors, each day 3,000 children start using tobacco products in this nation. Children under the age of 18 years consume 947 million packages of cigarettes in this country yearly. (5) The earlier a child begins to use tobacco products, the more likely it is that the child will be unable to quit. (6) More than 60 percent of all smokers begin smoking by the age of 14 years, and 90 percent begin by the age of 19 years. (7) Use of smokeless tobacco products among minors in this state is increasing. (8) Smokeless tobacco or chewing tobacco is harmful to the health of individuals and may cause gum disease, mouth or oral cancers, increased tooth decay and leukoplakia. (9) Tobacco product advertising and promotion are an important cause of tobacco use among children. More money is spent advertising and promoting tobacco products than any other consumer product. (10) Distribution of tobacco product samples, coupons, coupon offers, gift certificates, gift cards, or other similar offers is a recognized source by which minors obtain tobacco products, beginning the addiction process. (11) It is the intent of the Legislature that keeping children from beginning to use tobacco products in any form and encouraging all persons to quit tobacco use shall be among the highest priorities in disease prevention for the State of California. (b) It is unlawful for any person, agent, or employee of a person in the business of selling or distributing smokeless tobacco or cigarettes to engage in the nonsale distribution of any smokeless tobacco or cigarettes to any person in any public building, park or playground, or on any public sidewalk, street, or other public grounds, or on any private property that is open to the general public. (c) For purposes of this section: (1) “Nonsale distribution” means to give smokeless tobacco or cigarettes to the general public at no cost, or at nominal cost, or to give coupons, coupon offers, gift certificates, gift cards, or other similar offers, or rebate offers for smokeless tobacco or cigarettes to the general public at no cost or at nominal cost. Distribution of tobacco products, coupons, coupon offers, gift certificates, gift cards, or other similar offers, or rebate offers in connection with the sale of another item, including tobacco products, cigarette lighters, magazines, or newspapers shall not constitute nonsale distribution. (2) “Smokeless tobacco” means (A) a loose or flat, compressed cake form of tobacco that may be chewed or held in the mouth or (B) a shredded, powdered, or pulverized form of tobacco that may be inhaled through the nostrils, chewed, or held in the mouth. (3) “Public building, park, playground, sidewalk, street, or other public grounds” means any structure or outdoor area that is owned, operated, or maintained by any public entity, including, but not limited to: city and county streets and sidewalks, parade grounds, fair grounds, public transportation facilities and terminals, public reception areas, public health facilities, public recreational facilities, and public office buildings. (4) “Private property that is open to the general public” means any structure or outdoor area that is owned, operated, or maintained by any private entity and that is open for entry or use by the general public, whether or not a fee or charge is imposed for entry or use. (d) Any person who violates this section shall be liable for a civil penalty of not less than two hundred dollars ($200) for one act, five hundred dollars ($500) for two acts, and one thousand dollars ($1,000) for each subsequent act constituting a violation. Each distribution of a single package, coupon, coupon offer, gift certificates, gift cards, or other similar offers, or rebate offer to an individual member of the general public in violation of this section shall be considered a separate violation. (e) Neither this section nor any other provision of law shall invalidate an ordinance of, or prohibit the adoption of an ordinance by, a city or county regulating distribution of smokeless tobacco or cigarette samples within its boundaries that is more restrictive than this section. An ordinance that imposes greater restrictions on the sale or distribution of tobacco than this section shall govern, to the extent of any inconsistency between it and this section. (f) Subdivisions (a) to (e), inclusive, do not apply to any public building, park, playground, sidewalk, street, or other public grounds, or any private property that is open to the general public where minors are prohibited by law. Subdivisions (a) to (e), inclusive, do not apply to any public building, park, playground, sidewalk, street, or other public grounds open to the general public and leased for private functions where minors are denied access by a peace officer or licensed security guard on the premises. (g) Subdivisions (a) to (e), inclusive, do not apply to any private property that is open to the general public where minors are denied access to a separate nonsale distribution area by a peace officer or licensed security guard stationed at the entrance of the separate nonsale distribution area and the separate nonsale distribution area is enclosed so as to prevent persons outside the separate nonsale distribution area from seeing the nonsale distribution unless they undertake unreasonable efforts to see inside the area. (Amended by Stats. 2007, Ch. 445, Sec. 2. Effective January 1, 2008.)
  182. 1190.

    ## Health and Safety Code - HSC ## DIVISION 1.7. Private Equity or Hedge Fund Ownership of Health Care Practices [1190 - 1192] ( Division 1.7 added by Stats. 2025, Ch. 409, Sec. 1. )

    Verify source ↗

    This section defines “hedge fund” and “private equity group” for this division, including several exclusions from each definition.

    ## Health and Safety Code - HSC ## DIVISION 1.7. Private Equity or Hedge Fund Ownership of Health Care Practices [1190 - 1192] ( Division 1.7 added by Stats. 2025, Ch. 409, Sec. 1. ) ## 1190. For purposes of this division, the following definitions shall apply: (a) (1) “Hedge fund” means a pool of funds managed by investors for the purpose of earning a return on those funds, regardless of the strategies used to manage the funds. Hedge funds include, but are not limited to, a pool of funds managed or controlled by private limited partnerships. (2) “Hedge fund” does not include: (A) Natural persons or other entities that contribute, or promise to contribute, funds to the hedge fund, but otherwise do not participate in the management of the hedge fund or the fund’s assets, or in any change in control of the hedge fund or the fund’s assets. (B) Entities that solely provide or manage debt financing secured in whole or in part by the assets of a health care facility, including, but not limited to, banks and credit unions, commercial real estate lenders, bond underwriters, and trustees. (C) A hospital or a hospital system that owns one or more licensed hospitals, as defined in subdivision (a) or (b) of Section 1250; an affiliate, as defined in Section 150 of the Corporations Code, of a hospital or hospital system; or any entity managed or controlled by a hospital or hospital system. (D) A public agency, as defined in Section 6500 of the Government Code, including, but not limited to, any of the following settings directly or indirectly owned, operated, managed, controlled by, or otherwise affiliated with, the public agency: (i) A clinic, as defined in Section 1200. (ii) An outpatient setting, as defined in Section 1248. (iii) A health facility, as defined in Section 1250. (iv) An ambulatory surgical center. (b) (1) “Private equity group” means an investor or group of investors who primarily engage in the raising or returning of capital and who invests, develops, or disposes of specified assets. (2) “Private equity group” does not include any of the following: (A) Natural persons or other entities that contribute, or promise to contribute, funds to the private equity group, but otherwise do not participate in the management of the private equity group or the group’s assets, or in any change in control of the private equity group or the group’s assets. (B) A hospital or a hospital system that owns one or more licensed hospitals, as defined in subdivision (a) or (b) of Section 1250; an affiliate, as defined in Section 150 of the Corporations Code, of a hospital or hospital system; or any entity managed or controlled by a hospital or hospital system. (C) A public agency, as defined in Section 6500 of the Government Code, including, but not limited to, any of the following settings directly or indirectly owned, operated, managed, controlled by, or otherwise affiliated with, the public agency: (i) A clinic, as defined in Section 1200. (ii) An outpatient setting, as defined in Section 1248. (iii) A health facility, as defined in Section 1250. (iv) An ambulatory surgical center. (Added by Stats. 2025, Ch. 409, Sec. 1. (SB 351) Effective January 1, 2026.)
  183. 119075.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Electrical Hazards [119075 - 119090] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section says generators must be connected in ways that prevent backfeeding into a utility electrical distribution system.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Electrical Hazards [119075 - 119090] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 119075. (a) The Legislature intends to prevent electricity generated by permanent or portable electric generators from backfeeding into a utility electrical distribution system by the enactment of this chapter. (b) Any portable electrical generator that is capable of being connected temporarily to a customer’s electrical system, that is normally supplied by an electrical corporation or state or local public agency, shall be connected only after opening the customer’s main switch so as to isolate the customer’s electrical system from that of the electrical corporation or state or local agency. (c) Any electrical generator, other than a generator designed to run in parallel with the system of the serving utility and approved by that utility, that is capable of being permanently connected to a customer’s electrical system shall be connected only by means of a double throw switch so as to isolate the customer’s electrical system from that of the electrical corporation or state or local agency. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  184. 119080.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Electrical Hazards [119075 - 119090] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Manufacturers of certain portable or permanent electric generators must add specified warning information to manuals, labels, and advertisements; sales or rental of portable generators is barred unless the required label is on a visible surface.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Electrical Hazards [119075 - 119090] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 119080. (a) Every manufacturer of a portable or permanent electrical generator that is capable of being connected either permanently or temporarily to a commercial, industrial, or residential structure’s electrical system, shall include a warning statement in the generator’s instruction manual and a legible warning label on the generator that states the requirement of Section 119075 and explains the electrical hazards of backfeed into a utility’s distribution system. The same warning information shall be included in all advertisements offering portable electric generators. (b) No person or public agency shall sell, rent to another person or public agency, or offer for sale or rent to another person or public agency a portable electrical generator unless the legible warning label is on a visible surface of the generator. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  185. 119085.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Electrical Hazards [119075 - 119090] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Public utilities and utility districts must notify electrical service customers about electrical backfeed hazards from portable and permanent generators. Generator owners, renters, or lessees must notify the utility of the generator’s location when the generator is connected to certain buildings’ electrical systems served by a public utility or utility district.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Electrical Hazards [119075 - 119090] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 119085. (a) Every public utility or utility district shall notify all electrical service customers of the electrical backfeed hazards of portable and permanent electric generators. (b) Any owner, renter, or lessee who possesses and operates an electric generator, when the generator is connected to a commercial, industrial, or residential structure’s electrical system that is connected to the service of a public utility or utility district, shall notify the utility of the location of the generator. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  186. 119090.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Electrical Hazards [119075 - 119090] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Violating Sections 119075 to 119085 is a misdemeanor punishable by a fine of up to $500, up to six months in jail, or both.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Electrical Hazards [119075 - 119090] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 119090. (a) Any person who violates Sections 119075 to 119085, inclusive, is guilty of a misdemeanor, and subject to a fine of not more than five hundred dollars ($500) or not more than six months’ imprisonment. (b) For purposes of this section, “person” shall not include public agencies, officers or employees of public agencies, or public utilities. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  187. 1191.

    ## Health and Safety Code - HSC ## DIVISION 1.7. Private Equity or Hedge Fund Ownership of Health Care Practices [1190 - 1192] ( Division 1.7 added by Stats. 2025, Ch. 409, Sec. 1. )

    Verify source ↗

    Private equity groups and hedge funds may not interfere with clinical judgment or control key operational decisions of physician or dental practices, and certain contract clauses restricting providers are barred.

    ## Health and Safety Code - HSC ## DIVISION 1.7. Private Equity or Hedge Fund Ownership of Health Care Practices [1190 - 1192] ( Division 1.7 added by Stats. 2025, Ch. 409, Sec. 1. ) ## 1191. (a) A private equity group or hedge fund involved in any manner with a physician or dental practice doing business in this state, including as an investor in that physician or dental practice or as an investor or owner of the assets of that practice, shall not do either of the following with respect to that practice: (1) Interfere with the professional judgment of physicians or dentists in making health care decisions, including any of the following: (A) Determining what diagnostic tests are appropriate for a particular condition. (B) Determining the need for referrals to, or consultation with, another physician, dentist, or licensed health professional. (C) Being responsible for the ultimate overall care of the patient, including treatment options available to the patient. (D) Determining how many patients a physician or dentist shall see in a given period of time or how many hours a physician or dentist shall work. (2) Exercise control over, or be delegated the power to do, any of the following: (A) Owning or otherwise determining the content of patient medical records. (B) Selecting, hiring, or firing physicians, dentists, allied health staff, and medical assistants based, in whole or in part, on clinical competency or proficiency. (C) Setting the parameters under which a physician, dentist, or physician or dental practice shall enter into contractual relationships with third-party payers. (D) Setting the clinical competency or proficiency parameters under which a physician or dentist shall enter into contractual relationships with other physicians or dentists for the delivery of care. (E) Making decisions regarding the coding and billing of procedures for patient care services. (F) Approving the selection of medical equipment and medical supplies for the physician or dental practice. (b) The corporate form of that physician or dental practice as a sole proprietorship, a partnership, a foundation, or a corporate entity of any kind shall not affect the applicability of this section. (c) (1) A private equity group or hedge fund, or an entity controlled directly, in whole or in part, by a private equity group or hedge fund, shall not enter into a contract or other agreement or arrangement with a physician or dental practice doing business in this state if the contract or other agreement or arrangement would enable the person or entity to interfere with the professional judgment of physicians or dentists in making health care decisions, as set forth in paragraph (1) of subdivision (a), or exercise control over or be delegated the powers set forth in paragraph (2) of subdivision (a). (2) Any provision within a contract or other agreement that violates subdivision (a) is void, unenforceable, and against public policy. (d) (1) Any contract involving the management of a physician or dental practice doing business in this state by, or the sale of real estate or other assets owned by a physician or dental practice doing business in this state to, a private equity group or hedge fund, or any entity controlled directly or indirectly, in whole or in part, by a private equity group or hedge fund, shall not include any clause barring any provider in that practice from doing either of the following: (A) Competing with that practice in the event of a termination or resignation of that provider from that practice. (B) Disparaging, opining, or commenting on that practice in any manner as to any issues involving quality of care, utilization of care, ethical or professional challenges in the practice of medicine or dentistry, or revenue-increasing strategies employed by the private equity group or hedge fund. (2) Any provision of a contract that violates paragraph (1) is void, unenforceable, and against public policy. (3) This subdivision shall not affect the validity of either of the following: (A) An otherwise enforceable sale of business noncompete agreement. However, a contract described in this subdivision shall not operate as an employee noncompete agreement. (B) An otherwise valid provision within a contract that prohibits the disclosure of material nonpublic information about the private equity group or hedge fund that is not generally available to the public, except to the extent that the provision seeks to either prohibit a disclosure of confidential information that is required by law, or to prohibit a disclosure described in subparagraph (B) of paragraph (1). (e) The Attorney General shall be entitled to injunctive relief and other equitable remedies a court deems appropriate for enforcement of this section and shall be entitled to recover attorney’s fees and costs incurred in remedying any violation of this section. (f) This section is intended to ensure that clinical decisionmaking and treatment decisions are exclusively in the hands of licensed health care providers and to safeguard against nonlicensed individuals or entities, such as private equity groups and hedge funds, exerting influence or control over care delivery. (g) This section does not narrow, abrogate, or otherwise lower the bar on the corporate practice of medicine or dentistry as set forth in the Business and Professions Code or the Corporations Code, or any other applicable state or federal law. (h) This section does not prohibit an unlicensed person or entity from assisting, or consulting with, a physician or dental practice doing business in this state with respect to the decisions and activities described in paragraph (2) of subdivision (a), provided that the physician or dentist retains the ultimate responsibility for, or approval of, those decisions and activities. (Added by Stats. 2025, Ch. 409, Sec. 1. (SB 351) Effective January 1, 2026.)
  188. 119150.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Chlorofluorocarbons [119150 - 119160] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section prohibits persons from manufacturing or selling certain chlorofluorocarbon-based aerosol containers in California, with different start dates for each ban.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Chlorofluorocarbons [119150 - 119160] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 119150. (a) On and after October 15, 1978, no person shall manufacture in this state a saturated chlorofluorocarbon not containing hydrogen for use as an aerosol propellant in a can, canister, or other container. (b) On and after December 15, 1978, no person shall manufacture in this state any can, canister, or other container that is intended to utilize an aerosol propellant chemically composed, in whole or in part, of a saturated chlorofluorocarbon not containing hydrogen. (c) On and after April 15, 1979, no person shall sell in this state any can, canister, or other container that utilizes an aerosol propellant chemically composed, in whole or in part, of a saturated chlorofluorocarbon not containing hydrogen. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  189. 119155.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Chlorofluorocarbons [119150 - 119160] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section says the chapter does not block manufacture or sale of certain saturated chlorofluorocarbons without hydrogen when the use is exempted under currently proposed federal regulations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Chlorofluorocarbons [119150 - 119160] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 119155. Notwithstanding the foregoing provisions of this chapter, nothing in this chapter shall preclude the manufacture or sale of saturated chlorofluorocarbons not containing hydrogen for any of the uses exempted in currently proposed federal regulations, to be modified as the federal regulations are modified. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  190. 119160.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Chlorofluorocarbons [119150 - 119160] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section says subdivisions (a) and (b) of Section 119150 are superseded if a federal law or regulation bans certain chlorofluorocarbon-related aerosol manufacturing.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Chlorofluorocarbons [119150 - 119160] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 119160. Subdivisions (a) and (b) of Section 119150 shall be superseded by the enactment or adoption of any federal law or regulation prohibiting the manufacture of any aerosol product utilizing saturated chlorofluorocarbons not containing hydrogen and prohibiting the manufacture of saturated chlorofluorocarbons not containing hydrogen for use as an aerosol propellant in a can, canister, or other container. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  191. 1192.

    ## Health and Safety Code - HSC ## DIVISION 1.7. Private Equity or Hedge Fund Ownership of Health Care Practices [1190 - 1192] ( Division 1.7 added by Stats. 2025, Ch. 409, Sec. 1. )

    Verify source ↗

    This section says the division is severable: if one part is held invalid, the rest can still operate if it can be given effect without the invalid part.

    ## Health and Safety Code - HSC ## DIVISION 1.7. Private Equity or Hedge Fund Ownership of Health Care Practices [1190 - 1192] ( Division 1.7 added by Stats. 2025, Ch. 409, Sec. 1. ) ## 1192. The provisions of this division are severable. If any provision of this division or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2025, Ch. 409, Sec. 1. (SB 351) Effective January 1, 2026.)
  192. 119300.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 1. General Provisions [119300 - 119301] ( Article 1 added by Stats. 2011, Ch. 638, Sec. 2. )

    Verify source ↗

    This section names the chapter the Safe Body Art Act and says it sets minimum statewide standards for body art businesses and practitioners in California.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 1. General Provisions [119300 - 119301] ( Article 1 added by Stats. 2011, Ch. 638, Sec. 2. ) ## 119300. (a) This chapter shall be known, and may be cited, as the Safe Body Art Act. (b) The purpose of this chapter is to provide minimum statewide standards for the regulation of persons engaged in the business or performance of tattooing, body piercing, branding, and the application of permanent cosmetics in California. These requirements are intended to protect both the practitioner and the client from transmission of infectious diseases through the application of proper body art procedures and the control of cross-contamination of instruments and supplies. (Amended by Stats. 2013, Ch. 555, Sec. 1. (AB 1168) Effective January 1, 2014.)
  193. 119301.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 1. General Provisions [119300 - 119301] ( Article 1 added by Stats. 2011, Ch. 638, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the body art chapter, including body art, body art facility, practitioner, owner, sponsor, and related health and enforcement terms.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 1. General Provisions [119300 - 119301] ( Article 1 added by Stats. 2011, Ch. 638, Sec. 2. ) ## 119301. For purposes of this chapter, the following definitions shall apply: (a) “Antiseptic solution” means a liquid or semiliquid substance that is approved by the federal Food and Drug Administration to reduce the number of microorganisms present on the skin and on mucosal surfaces. (b) “Bloodborne pathogen” means a disease-causing microorganism that, when present in the blood, can be transmitted to humans, including, but not limited to, hepatitis B virus (HBV), hepatitis C virus (HCV), and human immunodeficiency virus (HIV). (c) “Body art” means body piercing, tattooing, branding, or application of permanent cosmetics. (d) “Body art facility” means the specified building, section of a building, or vehicle in which a practitioner performs, or demonstrates for the purpose of instruction, body art, including reception areas, the procedure area, and the decontamination and sterilization area. “Body art facility” does not include a facility that only pierces the ear with a disposable, single-use, presterilized clasp and stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear. (e) “Body piercing” means the creation of an opening in a human body for the purpose of inserting jewelry or other decoration. “Body piercing” includes, but is not limited to, the piercing of an ear, including the tragus, lip, tongue, nose, or eyebrow. “Body piercing” does not include the piercing of an ear, except for the tragus, with a disposable, single-use, presterilized stud and clasp or solid needle that is applied using a mechanical device to force the needle or stud through the ear. (f) “Branding” means the process in which a mark or marks are burned into human skin tissue with a hot iron or other instrument, with the intention of leaving a permanent scar. (g) “Client” means an individual upon whom a practitioner performs body art. (h) “Decontamination and sterilization area” means a room, or specific section of a room, that is set apart and used only to decontaminate and sterilize instruments. (i) “Department” means the State Department of Public Health. (j) “Decontamination” means the use of physical or chemical means to remove, inactivate, or destroy bloodborne pathogens on a surface or item to the point where the pathogens are no longer capable of transmitting infectious particles and the surface or item is rendered safe for handling, use, or disposal. (k) “Disinfectant” means a product that is registered by the federal Environmental Protection Agency and the Department of Pesticide Regulation, as indicated on the label, to reduce or eliminate the presence of disease-causing microorganisms, including human immunodeficiency virus (HIV) and hepatitis B virus (HBV) for use in decontaminating work surfaces. (l) “Enforcement officer” means all local health officers, directors of environmental health, and duly authorized registered environmental health specialists and environmental health specialist trainees. (m) “Hand hygiene” means either of the following: (1) Thoroughly washing all surfaces of the hands and under the fingernails with soap and warm water. (2) In the absence of contamination with blood or other bodily fluids, or obvious soiling, applying an antiseptic solution to all the surfaces of the hands and underneath the fingernails. (n) “Instrument” means a nonmedical application device used in performing body art, including, but not limited to, needles, needle bars, needle tubes, forceps, hemostats, tweezers, razors, or razor blades. (o) “Local enforcement agency” means the local health agency of the county, city, or city and county. In jurisdictions where the local health agency and the environmental health agency are separate departments, the jurisdiction shall specify which entity will be the local enforcement agency for purposes of this chapter. (p) “Mucosal surface” means the moisture-secreting membrane lining of all body cavities or passages that communicates with the exterior, including, but not limited to, the nose, mouth, vagina, and urethra. (q) “Owner” means either of the following: (1) The person or persons whose name or names appear on the health permit, business license, property deed, or rental agreement of the body art facility. (2) A person, acting as a principal of a corporation or partnership, who employs practitioners to perform body art or other activity regulated by this chapter. (r) “Permanent cosmetics” means the application of pigments in human skin tissue for the purpose of permanently changing the color or other appearance of the skin. This includes, but is not limited to, permanent eyeliner, eyebrow, or lip color. (s) “Potable water” means water that complies with the standards for transient noncommunity water systems pursuant to the California Safe Drinking Water Act (Chapter 4 (commencing with Section 116275) of Part 12). (t) “Practitioner” means a person who performs body art on a client. (u) “Procedure area” means a room, or designated portion of a room, that is set apart and only used to perform body art. (v) “Procedure site” means the area or location on the human body selected for the placement of body art. (w) “Sharps waste” means a device or instrument that has acute, rigid corners, edges, or protuberances capable of cutting or piercing the skin, that has been used in the performance of body art, and has not been disinfected or sterilized following use, including, but not limited to, any of the following: (1) Tattooing needles and needle bars. (2) Disposable piercing needles. (3) Disposable razors. (x) “Sharps waste container” means a rigid, puncture resistant, commercial container that, when sealed, is leak resistant and cannot be reopened without great difficulty. Sharps containers shall be designed and constructed specifically for the proper containment of sharps waste. (y) “Sponsor” means an individual or business entity, including an event coordinator or manager, responsible for the organization of a convention, trade show, or other temporary event that includes a body art demonstration booth. A sponsor may also be a body art practitioner. (z) “Sterilization” means the complete destruction of all microbial life forms, including spores. (aa) “Tattooing” means the insertion of pigment in human skin tissue by piercing with a needle. (ab) “Vehicle” means a vehicle that has been fitted or designed to perform body art. (ac) “Warm water” means water that is supplied through a mixing valve or combination faucet at a temperature of at least 100 degrees Fahrenheit. (ad) “Workstation” means the area within a procedure area where a practitioner performs body art. The workstation includes, but is not limited to, the client chair or table, counter, mayo stand, instrument tray, storage drawer, and practitioner’s chair. (Amended by Stats. 2013, Ch. 555, Sec. 2. (AB 1168) Effective January 1, 2014.)
  194. 119302.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 2. Restrictions on the Performance of Body Art [119302 - 119304] ( Article 2 added by Stats. 2011, Ch. 638, Sec. 2. )

    Verify source ↗

    This section sets age limits and consent rules for tattooing, permanent cosmetics, branding, and body piercing of minors.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 2. Restrictions on the Performance of Body Art [119302 - 119304] ( Article 2 added by Stats. 2011, Ch. 638, Sec. 2. ) ## 119302. (a) Pursuant to Section 653 of the Penal Code, a client shall be at least 18 years of age to be offered or to receive a tattoo or permanent cosmetics application, regardless of parental consent. (b) Pursuant to Section 652 of the Penal Code, persons under 18 years of age shall not be offered or receive a body piercing unless the piercing is performed in the presence of his or her parent or guardian. (c) A client shall be at least 18 years of age to be offered or to receive a branding, regardless of parental consent. (d) The piercing or application of permanent cosmetics to the nipples or genitals of a minor is prohibited. The application of permanent cosmetics to the nipples of a minor is authorized when applied by a registered permanent cosmetic technician with the consent of the minor’s parent or guardian and as directed by a physician. (e) A body art facility may refuse to perform body piercing on a minor, regardless of parental or guardian consent. (Repealed and added by Stats. 2011, Ch. 638, Sec. 2. (AB 300) Effective January 1, 2012. Operative July 1, 2012, by Sec. 3 of Ch. 638.)
  195. 119303.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 2. Restrictions on the Performance of Body Art [119302 - 119304] ( Article 2 added by Stats. 2011, Ch. 638, Sec. 2. )

    Verify source ↗

    Before body art is performed, the client must read, complete, and sign an informed consent form and must also receive, complete, and sign a questionnaire.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 2. Restrictions on the Performance of Body Art [119302 - 119304] ( Article 2 added by Stats. 2011, Ch. 638, Sec. 2. ) ## 119303. (a) Prior to the performance of body art, the client shall read, complete, and sign an informed consent form that shall include, but not be limited to, all of the following information: (1) A description of the procedure. (2) A description of what the client should expect following the procedure, including suggested care and any medical complications that may occur as a result of the procedure. (3) A statement regarding the permanent nature of body art. (4) Notice that tattoo inks, dyes, and pigments have not been approved by the federal Food and Drug Administration and that the health consequences of using these products are unknown. (5) Postprocedure instructions that include all of the following: (A) Information on the care of the procedure site. (B) Restrictions on physical activities such as bathing, recreational water activities, gardening, or contact with animals, and the duration of the restrictions. (C) Signs and symptoms of infection, including, but not limited to, redness, swelling, tenderness of the procedure site, red streaks going from the procedure site towards the heart, elevated body temperature, or purulent drainage from the procedure site. (D) Signs and symptoms that indicate the need to seek medical care. (b) Prior to the performance of body art, the client shall receive, complete, and sign a questionnaire that includes all of the following information: (1) Whether the client may be pregnant. (2) Whether the client has a history of herpes infection at the proposed procedure site, diabetes, allergic reactions to latex or antibiotics, hemophilia or other bleeding disorder, or cardiac valve disease. (3) Whether the client has a history of medication use or is currently using medication, including being prescribed antibiotics prior to dental or surgical procedures. (4) Other risk factors for bloodborne pathogen exposure. (c) All information gathered from the client that is personal medical information and that is subject to the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) or similar state laws shall be maintained or disposed of in compliance with those provisions. (Amended by Stats. 2013, Ch. 555, Sec. 3. (AB 1168) Effective January 1, 2014.)
  196. 119304.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 2. Restrictions on the Performance of Body Art [119302 - 119304] ( Article 2 added by Stats. 2011, Ch. 638, Sec. 2. )

    Verify source ↗

    This section says the chapter does not restrict certain licensed physicians and physician assistants, and it does not authorize practitioners to do activities that another code chapter restricts.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 2. Restrictions on the Performance of Body Art [119302 - 119304] ( Article 2 added by Stats. 2011, Ch. 638, Sec. 2. ) ## 119304. This chapter does not restrict the activities of a physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code or a physician assistant licensed under Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code. Nothing in this chapter authorizes a practitioner to perform activities that are restricted under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. (Repealed and added by Stats. 2011, Ch. 638, Sec. 2. (AB 300) Effective January 1, 2012. Operative July 1, 2012, by Sec. 3 of Ch. 638.)
  197. 119306.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 3. Practitioner Registration [119306 - 119311] ( Article 3 added by Stats. 2011, Ch. 638, Sec. 2. )

    Verify source ↗

    People may not perform body art outside a permitted facility or without local registration.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 3. Practitioner Registration [119306 - 119311] ( Article 3 added by Stats. 2011, Ch. 638, Sec. 2. ) ## 119306. (a) A person shall not perform body art at any location other than a permitted permanent or temporary body art facility. (b) A person shall not perform body art if he or she is not registered with the local enforcement agency. (c) As a condition of registration, the applicant shall provide all of the following: (1) Evidence of current hepatitis B vaccination, including applicable boosters, unless the practitioner can demonstrate hepatitis B immunity or has complied with current federal OSHA hepatitis B vaccination declination requirements. (2) Evidence of completion of OSHA Bloodborne Pathogen Training consistent with Section 119307 and pursuant to paragraph (2) of subdivision (g) of Section 5193 of Title 8 of the California Code of Regulations or its successor. (3) Proof that he or she is 18 years of age or older. (4) Self-certification of, knowledge of, and commitment to meet state law and relevant local regulations pertaining to body art safety. (5) His or her business address and the address at which he or she will perform any activity regulated by this chapter. (6) Payment of a registration fee directly to the local enforcement agency. The local enforcement agency shall set the fee at an amount not to exceed the amount necessary but that is sufficient to cover the actual costs of administering the program. (d) A practitioner shall display, in a place readily visible to the public at the body art facility where the practitioner is performing body art, the certificate confirming registration with the local enforcement agency in the jurisdiction in which that practice is conducted. (e) A valid and current registration issued by a local enforcement agency shall be valid in any other jurisdiction for no more than five consecutive days, or 15 days total, in any one calendar year. (f) Practitioner registration shall be renewed annually by a process to be determined by the local enforcement agency. (g) A practitioner shall obtain all necessary permits to conduct business, including, but not limited to, being registered with the local enforcement agency. In addition to the penalties available pursuant to Article 6 (commencing with Section 119320), a practitioner who violates this subdivision shall be subject to suspension and a penalty not to exceed three times the cost of registration. (Amended by Stats. 2013, Ch. 555, Sec. 4. (AB 1168) Effective January 1, 2014.)
  198. 119307.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 3. Practitioner Registration [119306 - 119311] ( Article 3 added by Stats. 2011, Ch. 638, Sec. 2. )

    Verify source ↗

    Before registering, a practitioner must complete body-art-specific bloodborne pathogens training. Owners must provide training to certain workers, training must meet listed content and length requirements, annual updates are required, and training records must be kept for three years.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 3. Practitioner Registration [119306 - 119311] ( Article 3 added by Stats. 2011, Ch. 638, Sec. 2. ) ## 119307. (a) Prior to registering with the local enforcement agency, a practitioner shall complete a Bloodborne Pathogens Exposure Control Training program that is specific to his or her practice. (b) An owner shall provide Bloodborne Pathogens Exposure Control Training pursuant to the requirements of paragraph (2) of subdivision (g) of Section 5193 of Title 8 of the California Code of Regulations, or its successor, for all employees, practitioners, and volunteers who perform duties within the decontamination and sterilization area or procedure area. (c) The Bloodborne Pathogens Exposure Control Training shall meet all of the following criteria: (1) Training shall be conducted by a person or persons who are knowledgeable in exposure control and infection prevention in the body art setting and who are approved by the local enforcement agency in accordance with the provisions of this section. (2) Training and training materials shall be specific to performing body art. (3) Training shall consist of not less than two hours of instruction that includes all of the following: (A) A copy and explanation of the Division of Occupational Safety and Health, Bloodborne Pathogens Standard, contained in Section 5193 of Title 8 of the California Code of Regulations, or its successor. (B) A copy and explanation of applicable county, city, or city and county ordinances that pertain to bloodborne pathogen transmission control in body art. (C) Discussion of transmission, control, and symptoms of the diseases caused by bloodborne pathogens. (D) Discussion of tasks involved in performing body art and how those tasks may lead to exposure to bloodborne pathogens for the client or practitioner. (E) Discussion of the types and uses of personal protective equipment, such as disposable gloves, including an explanation of the limitations of the equipment. (F) Discussion of the types of tasks, proper task technique, and order of tasks before and after putting on and removing personal protective equipment, to avoid contamination. (G) Discussion of the importance of hand hygiene and a demonstration of proper hand hygiene techniques. (H) Discussion of choice, use, and storage of disinfectants and antiseptics. (I) Information on the signage required for biohazard materials and the importance of properly labeling chemicals and supplies. (J) Information on hepatitis B vaccine, including safety and accessibility. (K) Discussion of what constitutes a bloodborne pathogen exposure incident, including all of the following: (i) Examples of bloodborne pathogen exposure, how the exposure occurred, and what actions to take to prevent or minimize future exposures. (ii) Risk of infection following a bloodborne pathogen exposure incident. (iii) Procedures to be followed after an exposure incident, including medical followup. (L) Opportunities for interactive questions and answers with the instructor. (d) Each person required to complete a Bloodborne Pathogens Exposure Control Training program pursuant to this section shall annually complete a minimum of two hours of Bloodborne Pathogens Exposure Control Training update presented by a trainer eligible pursuant to paragraph (1) of subdivision (c). (e) Records of training required pursuant to this section shall be maintained for three years and shall be available for inspection upon request of the enforcement officer. (Amended by Stats. 2013, Ch. 555, Sec. 5. (AB 1168) Effective January 1, 2014.)
  199. 119308.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 3. Practitioner Registration [119306 - 119311] ( Article 3 added by Stats. 2011, Ch. 638, Sec. 2. )

    Verify source ↗

    Before and after performing body art, the practitioner must follow specific hygiene, glove, skin preparation, sharps disposal, and cleanup steps.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 3. Practitioner Registration [119306 - 119311] ( Article 3 added by Stats. 2011, Ch. 638, Sec. 2. ) ## 119308. (a) Before performing body art, the practitioner shall do all of the following: (1) Wash and dry his or her hands consistent with sound hygienic practices. (2) Put on a clean apron, bib, or lap pad over clean, dry clothing. (3) Put on personal protective equipment that is appropriate for the task. (4) Don clean, previously unused, disposable examination gloves on both hands just prior to the procedure. Gloves shall be worn throughout the procedure. If gloves come into contact with an object or surface other than the client’s prepared skin or material to be used for the procedure, or if a glove is torn or punctured, both gloves shall be removed, hand hygiene performed, and new, clean, previously unused, disposable examination gloves shall be donned. If gloves are removed for any reason during a procedure, hand hygiene shall be performed prior to donning new, clean, previously unused, disposable examination gloves. (5) If the skin at the procedure site is to be shaved, the skin shall be first washed with soap and water. A single-use, disposable razor shall be used to shave the procedure site and then discarded into a sharps container. (6) Immediately prior to performing the body art, the client’s skin shall be prepared with an antiseptic solution, antimicrobial, or microbicide, according to manufacturer’s instructions. The item used for application shall be discarded after use. (b) At the completion of the procedure, the practitioner shall do all of the following: (1) Answer questions regarding the procedure site. (2) Provide postprocedure instructions. (3) When covering a procedure site, use a sterile dressing. (4) Place all used or discarded sharps waste in a sharps waste container. (5) Wash and disinfect reusable instruments as provided in subdivisions (d) and (e) of Section 119309. (6) Package and sterilize reusable instruments that may have come in contact with nonintact skin or mucosal surfaces. (7) Clean and decontaminate the workstation and procedure area. (Amended by Stats. 2013, Ch. 555, Sec. 6. (AB 1168) Effective January 1, 2014.)
  200. 119309.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 3. Practitioner Registration [119306 - 119311] ( Article 3 added by Stats. 2011, Ch. 638, Sec. 2. )

    Verify source ↗

    Body art practitioners must keep the work area clean and sanitary and follow specific cleaning, disinfection, glove, sterilization, food, and mask rules.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 3. Practitioner Registration [119306 - 119311] ( Article 3 added by Stats. 2011, Ch. 638, Sec. 2. ) ## 119309. (a) The practitioner shall maintain a clean and sanitary environment. (b) All solid surfaces and objects in the procedure area and the decontamination and sterilization area that have come into contact with the client or the materials used in performing the body art, including, but not limited to, chairs, armrests, tables, countertops, and trays, shall be immediately cleaned and decontaminated after each use by application of a disinfectant, used according to manufacturer’s directions. (c) The surfaces and objects in the procedure area shall be disinfected again before use if the area has been used for any activity following its previous disinfection. (d) The practitioner shall wear disposable gloves on both hands when touching, decontaminating, or handling a surface, object, instrument, or jewelry that is soiled or that is potentially soiled with human blood. (e) An instrument or other reusable item that comes into contact with nonintact skin or mucosal surfaces shall either be single use or be cleaned, decontaminated, packaged, and sterilized after each procedure. Sterilization shall be accomplished pursuant to the procedures established in Section 119315 by steam autoclave. (f) An instrument or reusable item that does not come into contact with nonintact skin or mucosal surfaces shall be washed with a solution of soap and water, using a brush that is small enough to clean the interior surfaces, and decontaminated after each procedure. (g) A reusable item that cannot be immediately washed, disinfected, and sterilized following completion of the body art procedure shall be placed in a basin of water with or without detergent. (h) Sterile instrument packs shall be evaluated before use, and if the integrity of a pack is compromised in any way, including, but not limited to, being torn, punctured, wet, or having evidence of potential moisture contamination, the instrument pack shall be discarded or reprocessed before use. (i) No food, drink, tobacco product, or personal effects are permitted in the procedure area. The practitioner shall not eat, drink, or smoke while performing a procedure. If a client requests to eat, drink, or smoke, the procedure shall be stopped and the procedure site shall be protected from possible contamination while the client leaves the procedure area to eat, drink, or smoke. (j) Branding shall not be done with another client in the procedure area. During the procedure, the practitioner and the client shall wear appropriate protective face filter masks. (Amended by Stats. 2013, Ch. 555, Sec. 7. (AB 1168) Effective January 1, 2014.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.