Article 2. Treatment Of Addicts For Addiction of California Health And Safety Code >> Division 10. >> Chapter 5. >> Article 2.
(a) Except as provided in subdivision (b), any narcotic
controlled substance employed in treating an addict for addiction
shall be administered by:
(1) A physician and surgeon.
(2) A registered nurse acting under the instruction of a physician
(3) A physician assistant licensed pursuant to Chapter 7.7
(commencing with Section 3500) of Division 2 of the Business and
Professions Code acting under the patient-specific authority of his
or her physician and surgeon supervisor approved pursuant to Section
3515 of the Business and Professions Code.
(b) When acting under the direction of a physician and surgeon,
the following persons may administer a narcotic controlled substance
orally in the treatment of an addict for addiction to a controlled
(1) A psychiatric technician licensed pursuant to Chapter 10
(commencing with Section 4500) of Division 2 of the Business and
(2) A vocational nurse licensed pursuant to Chapter 6.5
(commencing with Section 2840) of Division 2 of the Business and
(3) A pharmacist licensed pursuant to Chapter 9 (commencing with
Section 4000) of Division 2 of the Business and Professions Code.
(c) Except as permitted in this section, no person shall order,
permit, or direct any other person to administer a narcotic
controlled substance to a person being treated for addiction to a
Except as provided in Section 11223, no person shall treat
an addict for addiction to a narcotic drug except in one of the
(a) An institution approved by the State Department of Health Care
Services, and where the patient is at all times kept under restraint
(b) A city or county jail.
(c) A state prison.
(d) 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) A state hospital.
(f) A county hospital.
(g) A facility licensed by the State Department of Health Care
Services pursuant to Division 10.5 (commencing with Section 11750).
(h) A facility as defined in subdivision (a) or (b) of Section
1250 and Section 1250.3.
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.
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.
Neither this section nor any other provision of this division
shall be construed to 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 this section or any other provision of this division shall
be construed to 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
Notwithstanding the provisions of Section 11217, a
licensed physician and surgeon may treat an addict for addiction in
any office or medical facility which, in the professional judgment of
such physician and surgeon, is medically proper for the
rehabilitation and treatment of such addict. Such licensed physician
and surgeon may administer to an addict, under his direct care, those
medications and therapeutic agents which, in the judgment of such
physician and surgeon, are medically necessary, provided that nothing
in this section shall authorize the administration of any narcotic
A physician treating an addict for addiction may not
prescribe for or furnish to the addict more than any one of the
following amounts of controlled substances during each of the first
15 days of that treatment:
(a) Eight grains of opium.
(b) Four grains of morphine.
(c) Six grains of Pantopon.
(d) One grain of Dilaudid.
(e) Four hundred milligrams of isonipecaine (Demerol).
After 15 days of treatment, the physician may not prescribe
for or furnish to the addict more than any one of the following
amounts of controlled substances during each day of the treatment:
(a) Four grains of opium.
(b) Two grains of morphine.
(c) Three grains of Pantopon.
(d) One-half grain of Dilaudid.
(e) Two hundred milligrams of isonipecaine (Demerol).
At the end of 30 days from the first treatment, the
prescribing or furnishing of controlled substances, except methadone
or LAAM, shall be discontinued.
In any case in which a person is taken into custody by
arrest or other process of law and is lodged in a jail or other place
of confinement, and there is reasonable cause to believe that the
person is addicted to a controlled substance, it is the duty of the
person in charge of the place of confinement to provide the person so
confined with medical aid as necessary to ease any symptoms of
withdrawal from the use of controlled substances.
In any case in which a person, who is participating in a narcotic
treatment program, is incarcerated in a jail or other place of
confinement, he or she shall, in the discretion of the director of
the program, be entitled to continue in the program until conviction.
Notwithstanding any other provision of law, a physician and
surgeon who is registered with the federal Attorney General pursuant
to Section 823(g) of Title 21 of the United States Code may provide
treatment for addiction pursuant to this federal law.