Article 3. Departmental Powers And Duties And Limitations Thereof of California Health And Safety Code >> Division 10.5. >> Part 2. >> Chapter 1. >> Article 3.
(a) (1) The department may enter into agreements and
contracts with any person or public or private agency, corporation,
or other legal entity, including contracts to pay these entities in
advance or reimburse them for alcohol and other drug services
provided to alcohol and other drug abusers and their families and
(2) The department may make grants to public and private entities
that are necessary or incidental to the performance of its duties and
the execution of its powers. The department may pay these entities
in advance or reimburse them for services provided.
(3) The Legislature directs the department to contract with any
person or public or private agency, corporation, or other legal
entity to perform its duties whenever that expertise is available and
appropriate to utilize.
(b) Notwithstanding any other provision of this part, the
department may not contract directly for the provision of alcohol and
other drug services except as follows:
(1) For demonstration programs of limited duration and scope,
which programs, wherever possible, shall be administered through the
counties, and which shall be specifically authorized and funded by
the Budget Act or other statutes.
(2) To provide supportive services, such as technical assistance,
on a statewide basis, or management and evaluation studies to help
assure more effective implementation of this part.
(3) When a county decides not to enter into a contract to provide
alcohol and drug abuse services or programs, or both, the department
shall determine the need for the services or programs, or both, and
provide the services or programs, or both, directly or through
(c) (1) Notwithstanding the rulemaking provisions of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, the department may implement, interpret, or
make specific the amendments to this section made by the act that
added this subdivision by means of all-county letters, plan letters,
plan or provider bulletins, or similar instructions from the
department until regulations are adopted pursuant to that chapter of
the Government Code.
(2) The department shall adopt emergency regulations no later than
July 1, 2014. The department may subsequently readopt any emergency
regulation authorized by this subdivision that is the same as or is
substantially equivalent to an emergency regulation previously
adopted pursuant to this section.
(3) The initial adoption of emergency regulations and the one
readoption of emergency regulations authorized by this subdivision
shall be deemed an emergency and necessary for the immediate
preservation of the public peace, health, safety, or general welfare.
Initial emergency regulations and the one readoption of emergency
regulations authorized by this subdivision shall be exempt from
review by the Office of Administrative Law. The initial emergency
regulations and the one readoption of emergency regulations
authorized by this subdivision shall be submitted to the Office of
Administrative Law for filing with the Secretary of State and each
shall remain in effect for no more than 180 days, by which time final
regulations may be adopted.