You are here: California / Health and Safety Code - HSC / CHAPTER 1. General Provisions [11750. - 11756.8.] / Section 11755.


Section 11755. (Amended by Stats. 2004, Ch. 862, Sec. 5.)
Cite as: Cal. Health & Safety Code §11755.

The department shall do all of the following:

(a)Adopt regulations pursuant to Section 11152 of the Government Code.

(b)Employ administrative, technical, and other personnel as may be necessary for the performance of its powers and duties.

(c)Do or perform any of the acts that may be necessary, desirable, or proper to carry out the purpose of this division.

(d)Provide funds to counties for the planning and implementation of local programs to alleviate problems related to alcohol and other drug use.

(e)Review and execute negotiated net amount contracts and Drug Medi-Cal contracts, and approve or disapprove county plans submitted for state and federal funds allocated by the department.

(f)Provide for technical assistance and training to local alcohol and other drug programs to assist in the planning and implementation of quality services. The department may charge a fee to cover the cost of providing technical assistance to these alcohol and other drug programs.

(g)Review research in, and serve as a resource to provide information relating to, alcohol and other drug programs.

(h)In cooperation with the Department of Personnel Administration, encourage training in other state agencies to assist the agencies to recognize employee problems relating to alcohol and other drug use that affects job performance and encourage the employees to seek appropriate services.

(i)Assist and cooperate with the Office of Statewide Health Planning and Development and the California Health Policy and Data Advisory Commission in the drafting and adoption of the state health plan to assure inclusion of appropriate provisions relating to alcohol and other drug problems.

(j)In the same manner and subject to the same conditions as other state agencies, develop and submit annually to the Department of Finance a program budget for the state-funded alcohol and other drug program, which budget shall include expenditures proposed to be made under this division, and may include expenditures proposed to be made by any other state agency relating to alcohol and other drug problems, pursuant to an interagency agreement with the department.

(k)Review and certify alcohol and other drug programs meeting state standards pursuant to Chapter 7 (commencing with Section 11830) and Chapter 13 (commencing with Section 11847) of Part 2.

(l)Develop standards for assuring minimal statewide levels of service quality provided by alcohol and other drug programs.

(m)Review and license narcotic treatment programs.

(n)Develop and implement, in partnership with the counties, alcohol and other drug prevention strategies especially designed for youth.

(o)Develop and maintain a centralized alcohol and drug abuse indicator data collection system that shall gather and obtain information on the status of the alcohol and other drug abuse problems in the State of California. This information shall include, but not be limited to, all of the following:

(1)The number and characteristics of persons receiving recovery or treatment services from alcohol and other drug programs providing publicly funded services or services licensed by the department.

(2)The location and types of services offered by these programs.

(3)The number of admissions to hospitals on both an emergency room and inpatient basis for treatment related to alcohol and other drugs.

(4)The number of arrests for alcohol and other drug violations.

(5)The number of Department of the Youth Authority commitments for drug violations.

(6)The number of Department of Corrections commitments for drug violations.

(7)The number or percentage of persons having alcohol or other drug problems as determined by survey information.

(8)The amounts of illicit drugs confiscated by law enforcement in the state.

(9)The statewide alcohol and other drug program distribution and the fiscal impact of alcohol and other drug problems upon the state.

Providers of publicly funded services or services licensed by the department to clients-participants shall report data in a manner, in a format, and under a schedule prescribed by the department.

(p)Issue an annual report that portrays the drugs abused, populations affected, user characteristics, crime-related costs, socioeconomic costs, and other related information deemed necessary in providing a problem profile of alcohol and other drug abuse in the state.

(q)(1)Require any individual, public or private organization, or government agency, receiving federal grant funds, to comply with all federal statutes, regulations, guidelines, and terms and conditions of the grants. The failure of the individual, public or private organization, or government agency, to comply with the statutes, regulations, guidelines, and terms and conditions of grants received may result in the department’s disallowing noncompliant costs, or the suspension or termination of the contract or grant award allocating the grant funds.

(2)Adopt regulations implementing this subdivision in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For the purposes of the Administrative Procedure Act, the adoption of the regulations shall be deemed necessary for the preservation of the public peace, health and safety, or general welfare. Subsequent amendments to the adoption of emergency regulations shall be deemed an emergency only if those amendments are adopted in direct response to a change in federal statutes, regulations, guidelines, or the terms and conditions of federal grants. Nothing in this paragraph shall be interpreted as prohibiting the department from adopting subsequent amendments on a nonemergency basis or as emergency regulations in accordance with the standards set forth in Section 11346.1 of the Government Code.



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