Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The
following general definitions shall apply to terminology used in Chapter 5, except
where specifically noted otherwise:
(1)
"Adolescent" means an individual between fourteen (14) and eighteen (18) years of
age, who has not been emancipated pursuant to Part 6 (commencing with Section
7000), Division 11 of the Family
Code.
(2) "Adult" means a person who is
18 years of age or older or a minor who has been emancipated pursuant to Part 6
(commencing with Section
7000), Division 11 of the Family
Code.
(3) "Adult Facility" means a
residential alcoholism or drug abuse recovery or treatment facility which is
designed to serve adults.
(4)
"Alcoholism or Drug Abuse Recovery or Treatment Planning" means the development of a
resident specific goal and a continuum of recovery or treatment objectives. It is
the licensee's responsibility to provide the activities to facilitate this
process.
(5) "Alcoholism or Drug Abuse
Recovery or Treatment Service" means a service which is designed to promote
treatment and maintain recovery from alcohol or drug problems which includes one or
more of the following: detoxification, group sessions, individual sessions,
educational sessions, and/or alcoholism or drug abuse recovery or treatment
planning.
(6) "Alcoholism or Drug Abuse
Recovery or Treatment Facility" means any facility, building or group of buildings
which is maintained and operated to provide 24-hour residential nonmedical
alcoholism or drug abuse recovery or treatment services.
(7) "Authorized Representative" means any person
or entity authorized by law to act on behalf of any resident of a residential
alcoholism or drug abuse recovery or treatment facility. An authorized
representative may be a minor's parent, a legal guardian, a conservator, a public
placement agency, or a person granted power of attorney by the resident.
(8) "Capacity" means the maximum number of
residents for whom the facility has been licensed to provide services at any one
time.
(9) "Conviction" means a final
judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo
contendere.
(10) "Day" means calendar
day unless otherwise specified.
(11)
"Detoxification Service" means a service designed to support and to assist an
individual in the alcohol and/or drug withdrawal process and to explore plans for
continued service.
(12) "Department"
means the Department of Alcohol and Drug Programs.
(13) "Director" means the Director of the
Department of Alcohol and Drug Programs.
(14) "Education Session" means a planned,
structured, didactic presentation of information related to alcoholism and alcohol
or drug abuse.
(15) "Evaluator" means
any agent or employee of the Department who is authorized by the Director to conduct
licensing evaluations on behalf of the Department.
(16) "Facility" means a residential alcoholism or
drug abuse recovery or treatment facility.
(17) "Facility Administrator" means the individual
responsible for the overall management of a residential alcoholism or drug abuse
recovery or treatment facility.
(18)
"Goal" means a general statement of the applicant's or licensee's purpose in
operating an alcoholism or drug recovery or treatment facility.
(19) "Group Session" means group interaction that
encourages residents to identify and resolve alcohol- and/or drug-related problems,
to examine personal attitudes and behavior, and provides support for positive
changes in life style and recovery from alcoholism and/or drug abuse.
(20) "Illicit drug" means any substance defined as
a drug in Section
11014, Chapter 1, Division 10 of the
Health and Safety Code, except:
(A) Drugs or
medications prescribed by a physician or other person authorized to prescribe drugs,
pursuant to Section
4036, Chapter 9, Division 2 of the
Business and Professions Code, and used in the dosage and frequency prescribed;
or
(B) Over-the-counter drugs or
medications used in the dosage and frequency described on the box, bottle, or
package insert,
(21)
"Individual Session" means a private interaction between a resident and program
staff which focuses on identification and resolution of alcohol- and/or drug-related
problems, to examine personal attitudes and behavior and other barriers to
recovery.
(22) "Licensee" means the
entity identified on the license(s), issued by the Department of Alcohol and Drug
Programs, to provide residential alcoholism or drug abuse recovery or treatment
services in accordance with the provisions of Chapter 7.5 (commencing with Section
11834.01), Part 2, Division 10.5 of the
Health and Safety Code and the requirements of this chapter.
(23) "Objective" means a specific, measurable step
which can be evaluated to assess the licensee's progress toward the achievement of
the stated goal.
(24) "Physician" means
a person licensed as a physician and surgeon by the Medical Board of California or
by the Osteopathic Medical Board of California.
(25) "Premises" means the land, buildings, or
other structures included in the license issued for an alcoholism or drug abuse
recovery or treatment facility.
(26)
"Resident" means an individual who resides in and receives services from a
residential alcoholism or drug abuse recovery or treatment facility.
(27) "Residential Alcoholism or Drug Abuse
Recovery or Treatment Facility" means any facility, building, or group of buildings
which is maintained and operated to provide 24-hour, residential, nonmedical,
alcoholism or drug abuse recovery or treatment services.
(28) "Revocation of License" means a disciplinary
action taken by the Department to rescind a license issued pursuant to the
provisions of Chapter 7.5 (commencing with Section
11834.01), Part 2, Division 10.5 of the
Health and Safety Code and the requirements of this chapter.
(29) "Substantial Compliance" means the absence of
any Class A or Class B deficiencies, as defined in Section
10543.
(30) "Suspension of License" means a disciplinary
action taken by the Department to discontinue program operations, as permitted under
the license, for a specified period of time.
(31) "Volunteer" means uncompensated
personnel.
1. New section
filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).
2.
Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an
emergency; operative 2-1-86 (Register 86, No. 4).
3. Repealed by
operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency;
operative 6-1-86 (Register 86, No. 22).
4. Repealed by operation of law
9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86
(Register 86, No. 39). A Certificate of Compliance must be transmitted to OAL no
later than 1-27-87 or section will be repealed by operation of law (Government Code
section
11346.1(g))
5.
Readoption of section filed 1-26-87 as an emergency; operative 1-27-87 (Register 87,
No. 5). A Certificate of Compliance must be transmitted to OAL no later than 5-26-87
or section will be repealed by operation of law (Government Code section
11346.1(g))
6.
Readoption of section filed 5-26-87 as an emergency; operative 5-26-87 (Register 87,
No. 22). A Certificate of Compliance must be transmitted to OAL no later than
9-23-87 or section will be repealed by operation of law (Government Code section
11346.1(g)).
7.
Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative
10-23-87 (Register 87, No. 43).
8. Amendment of subsection (a) filed
12-27-89 as an emergency; operative 1-1-90 (Register 90, No. 1). A Certificate of
Compliance must be transmitted to OAL within 120 days or emergency language will be
repealed by operation of law on 5-1-90.
9. Amendment of subsection (a)
refiled 4-30-90 as an emergency; operative 4-30-90 (Register 90, No. 22). A
Certificate of Compliance must be transmitted to OAL within 120 days or emergency
language will be repealed by operation of law on 8-28-90.
10. Certificate
of Compliance as to 4-30-90 order including amendment of NOTE transmitted to OAL
8-27-90 and filed 9-26-90 (Register 90, No. 44).
11. Amendment of section
and NOTE filed 4-18-94; operative 5-18-94 (Register 94, No. 16).
12.
Change without regulatory effect adopting new article 2 heading filed 11-17-94
pursuant to section
100, title 1, California Code of
Regulations (Register 94, No. 46).
13. Repealer of subsection (a)(2) and
subsection renumbering filed 3-18-97; operative 4-17-97 (Register 97, No.
12).
14. Change without regulatory effect amending subsections (a)(1)-(2)
filed 6-15-99 pursuant to section
100, title 1, California Code of
Regulations (Register 99, No. 25).
15. Change without regulatory effect
amending definitions of "Adolescent" and "Adult" filed 6-12-2007 pursuant to section
100, title 1, California Code of
Regulations (Register 2007, No. 24).
Note: Authority cited: Sections
11755,
11834.50
and
11835,
Health and Safety Code. Reference: Sections
11834.01,
11834.02
and
11834.50,
Health and Safety Code.
