Section 11839.6 Of Article 1. Narcotic Treatment Programs From California Health And Safety Code >> Division 10.5. >> Part 2. >> Chapter 10. >> Article 1.
11839.6
. (a) The department shall establish a program for the
operation and regulation of office-based narcotic treatment programs.
An office-based narcotic treatment program established pursuant to
this section shall meet either of the following conditions:
(1) Hold a primary narcotic treatment program license.
(2) Be affiliated and associated with a primary licensed narcotic
treatment program. An office-based narcotic treatment program meeting
the requirement of this paragraph shall not be required to have a
license separate from the primary licensed narcotic treatment program
with which it is affiliated and associated.
(b) For purposes of this section, "office-based narcotic treatment
program" means a program in which interested and knowledgeable
physicians and surgeons provide addiction treatment services, and in
which community pharmacies supply necessary medication both to these
physicians and surgeons for distribution to patients and through
direct administration and specified dispensing services.
(c) Notwithstanding any other provision of law or regulation,
including Section 10020 of Title 9 of the California Code of
Regulations, an office-based narcotic treatment program in a remote
site that is affiliated and associated with a licensed narcotic
treatment program may be approved by the department, if all of the
following conditions are met:
(1) A physician may provide office-based addiction services only
if each office-based patient is registered as a patient in the
licensed narcotic treatment program and both the licensed narcotic
treatment program and the office-based narcotic treatment program
ensure that all services required under Chapter 4 (commencing with
Section 10000) of Division 4 of Title 9 of the California Code of
Regulations for the management of narcotic addiction are provided to
all patients treated in the remote site.
(2) A physician in an office-based narcotic treatment program may
provide treatment for a maximum of 20 patients under the appropriate
United States Drug Enforcement Administration registration. The
primary licensed narcotic treatment program shall be limited to its
total licensed capacity as established by the department, including
the patients of physicians in the office-based narcotic treatment
program.
(3) The physicians in the office-based narcotic treatment program
shall dispense or administer pharmacologic treatment for narcotic
addiction that has been approved by the federal Food and Drug
Administration such as levoalphacetylmethadol (LAAM) or methadone.
(4) Office-based narcotic treatment programs, in conjunction with
primary licensed narcotic treatment programs, shall develop protocols
to prevent the diversion of methadone. The department may develop
regulations to prevent the diversion of methadone.
(d) For purposes of this section, "remote site" means a site that
is geographically or physically isolated from any licensed narcotic
treatment program. Therefore, the requirements in this subdivision
regarding a remote site do not apply to an office-based narcotic
treatment program that holds a primary narcotic treatment program
license.
(e) In considering an office-based narcotic treatment program
application, the department shall independently weigh the treatment
needs and concerns of the county, city, or areas to be served by the
program.
(f) Nothing in this section is intended to expand the scope of the
practice of pharmacy.