§ 4080.5. — 4080.5. (Added by Stats. 2024, Ch. 644, Sec. 4.)

California § 4080.5.

• Jurisdiction: California
• Code WIC: Welfare and Institutions Code - WIC
• Div. 4.: DIVISION 4. MENTAL HEALTH
• Part 1.: PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT
• Ch. 3.: CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting
• Art. 3.: ARTICLE 3. Psychiatric Health Facilities and Psychiatric Residential Treatment Facilities

Text

(a)
A psychiatric health facility may admit persons diagnosed only with a severe substance use disorder, as defined in subdivision (o) of Section 5008, under the following conditions:
(1)
The State Department of Health Care Services approves the psychiatric health facility’s policies and procedures for providing substance use disorder services, in accordance with subparagraph (V) of paragraph (1) of subdivision (e) of Section 4080.
(2)
The psychiatric health facility admits these persons
involuntarily pursuant to Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code.
(3)
The psychiatric health facility either offers medications for addiction treatment (MAT) or has an effective referral process in place with narcotic treatment programs, community health centers, or other MAT providers. An effective referral process shall include an established relationship with a MAT provider and transportation to appointments for MAT.
(4)
The psychiatric health facility implements and maintains a MAT policy approved by the State Department of Health Care Services. The MAT policy shall do all of the following:
(A)
Explain how a person receives information about the benefits and
risks of MAT.
(B)
Describe the availability of MAT at the program, if applicable, or the referral process for MAT.
(C)
Identify an evidence-based assessment for determining a person’s MAT needs.
(D)
Address administration, storage, and disposal of MAT medication, if applicable.
(E)
Outline training for staff about the benefits and risks of MAT.
(F)
Outline training for staff on the MAT policy.
(b)
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State
Department of Health Care Services 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, until the time regulations are adopted no later than December 31, 2027.

Legislative History

Added by Stats. 2024, Ch. 644, Sec. 4. (SB 1238) Effective January 1, 2025.