CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2995

Introduced by Assembly Member Jackson

February 16, 2024

An act to amend Sections 11752.1, 11760.5, 11842.5, 11843, 11843.5, and 11847 of the Health and Safety Code, relating to public health.


LEGISLATIVE COUNSEL'S DIGEST


AB 2995, as introduced, Jackson. Public health: alcohol and drug programs: definitions.
Under existing law, the State Department of Health Care Services is responsible for administering prevention, treatment, and recovery services for alcohol and drug abuse and problem gambling. Existing law defines “alcohol abuser” and “drug abuser,” for these purposes, as anyone who has a problem related to the consumption of alcoholic beverages or illicit, illegal, legal, or prescription drugs or over-the-counter medications in a manner other than prescribed, respectively, whether or not it is of a periodic or continuing nature. Existing law defines “alcohol and other drug services” as a service that is designed to encourage recovery from the abuse of alcohol and other drugs, and “alcohol and other drug abuse program” as a collection of alcohol and other drug services that are coordinated to achieve specified objectives.
This bill would revise and recast various terms, including alcohol and other drug abuse program, alcohol abuser, and drug abuser to use person-first terminology and to focus instead on substance use disorder.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 11752.1 of the Health and Safety Code is amended to read:

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

SEC. 2.

 Section 11760.5 of the Health and Safety Code is amended to read:

11760.5.
 (a) The Legislature recognizes that alcohol and other drug abuse substance use disorder should be viewed and treated as a health problem, as well as a public safety problem. The alcohol and other drug abuse problem misuse or inappropriate use of alcohol and other drugs has significant public impact and must, in addition to public safety, be given community, education, social, and health attention if prevention and amelioration are to be achieved. These approaches should be coordinated into a multiagency and multifaceted program for alcohol and other drug abuse control to control the misuse or inappropriate use of alcohol or other drugs in the counties of the state.
(b) It is the intent of the Legislature that community alcohol and other drug abuse substance use disorder services shall be organized through locally administered and locally controlled community alcohol and other drug abuse substance use disorder programs. The community alcohol and other drug abuse substance use disorder programs shall operate under the principle that services are designed to be equally accessible to all persons, including persons who because of differences in language, cultural differences in language, cultural traditions, or physical disabilities, confront barriers to knowing about or to using the alcohol and other drug abuse substance use disorder services that are offered.

SEC. 3.

 Section 11842.5 of the Health and Safety Code is amended to read:

11842.5.
 As used in this chapter, an alcohol and other drug abuse 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 problems of alcohol and other drug abuse. 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 drug abuse information. 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 problem of narcotics addiction or drug abuse. 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) Chemical dependency 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 chemical dependency 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 alcohol and other drug addiction, or alcohol and other drug abuse related problems 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.

SEC. 4.

 Section 11843 of the Health and Safety Code is amended to read:

11843.
 The county shall establish and maintain a registry of all narcotic and drug abuse programs and alcohol and other drug abuse substance use disorder programs within the county county, either for alcohol or other drugs, in order to promote a coordination of effort in the county.

SEC. 5.

 Section 11843.5 of the Health and Safety Code is amended to read:

11843.5.
 Each narcotic and drug abuse program and alcohol and other drug abuse substance use disorder program in a county county, either for alcohol or other drugs, shall register annually with the county alcohol and drug program administrator by July 1 or within 30 days after being established.

SEC. 6.

 Section 11847 of the Health and Safety Code is amended to read:

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 abuse services for the prevention, care, treatment, and rehabilitation services. of persons with a substance use disorder or who misuse or inappropriately use alcohol or drugs. To achieve this, it is necessary that all of the following occur:
(a) Existing fragmented, uncoordinated, and duplicative narcotic and alcohol and other drug abuse substance use disorder programs be molded into a comprehensive and integrated statewide program for the prevention of narcotic and alcohol and other drug abuse the misuse and inappropriate use of alcohol and drugs and for the care, treatment, and rehabilitation of persons with a substance use disorder and persons who misuse or inappropriately use alcohol and other drug users. drugs.
(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 narcotic and alcoholic and other drug abuse programs for the prevention, care, treatment, and rehabilitation programs of persons with a substance use disorder 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 abuse use disorder formerly vested in the State Department of Alcohol and Drug Programs.