Today's Law As Amended


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AB-1656 Treatment of addicts: narcotic drugs.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 11217 of the Health and Safety Code is amended to read:

11217.
 (a)  Except as provided in Section 11223, no a  person shall not  treat an addict individual  for addiction to a narcotic drug except in one of the following:
(a) (1)  An institution approved by the State Department of Health Care Services, and where the patient is at all times kept under restraint and control.
(b) (2)  A city or county jail.
(c) (3)  A state prison.
(d) (4)  A facility designated by a county and approved by the State Department of Health Care Services pursuant to Division 5 (commencing with Section 5000) of the Welfare and Institutions Code.
(e) (5)  A state hospital.
(f) (6)  A county hospital.
(g) (7)  A facility licensed by the State Department of Health Care Services pursuant to Division 10.5 (commencing with Section 11750).
(h) (8)  A facility as defined in subdivision (a) or (b) of Section 1250 and or  Section 1250.3.
(b)  A narcotic controlled substance in the continuing treatment of addiction to a controlled substance shall be used only in those programs licensed by the State Department of Health Care Services pursuant to Article 1 (commencing with Section 11839) of Chapter 10 of Part 2 of Division 10.5 on either an inpatient or outpatient basis, or both.
(c)  This section does not apply during emergency treatment, or where the patient’s addiction is complicated by the presence of incurable disease, serious accident, or injury, or the infirmities of old age.
(d) This section is not intended to impose any limitations on a physician or authorized hospital staff to administer or dispense narcotic drugs in a hospital to maintain or detoxify a person as an incidental adjunct to medical or surgical treatment of conditions other than addiction, or to administer or dispense narcotic drugs to persons with intractable pain in which no relief or cure is possible or none has been found after reasonable efforts.
Neither (e)  (1)   this section nor any other provision of this division shall be construed to  This division does not  prohibit the maintenance of a place in which persons seeking to recover from addiction to a controlled substance reside and endeavor to aid one another and receive aid from others in recovering from that addiction, nor does this section or this division prohibit that aid, provided that no person is treated for addiction in a place by means of administering, furnishing, or prescribing of controlled substances. The preceding sentence is declaratory of preexisting law.
Neither (2)   this section or any other provision of this division shall be construed to  This division does not  prohibit short-term narcotic detoxification treatment in a controlled setting approved by the director and pursuant to rules and regulations of the director. Facilities and treatment approved by the director under this paragraph shall not be subject to approval or inspection by the Medical Board of California, nor shall persons in those facilities be required to register with, or report the termination of residence with, the police department or sheriff’s office.