A regulation is a rule adopted by a federal or state agency to implement, interpret, or make specific the laws that it enforces or administers. The have the same force as the law on which they are based. These are non-negotiable mandates.

Federal Regulations

• Substance Abuse Prevention and Treatment Block Grant
  Programs funded by these block grant funds must comply with mandates regarding admission priorities for specific client groups, services to pregnant women, injection drug users, TB and HIV services, and certain administrative requirements.
• Charitable Choice
  In addition to the Block Grant regulations above, faith-Based organizations that receive Federal funds must also comply with additional requirements that specify the manner in which non-profit religious organizations must provide SAPTBG-funded substance abuse services without impairing their religious character and without diminishing the religious freedom of those who receive their services.
• Confidentiality – 42 CFR, Part 2
  Requirement for confidentiality and disclosure of records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any substance abuse program conducted, regulated, or directly or indirectly assisted by any department or agency of the United States.
• Confidentiality – HIPAA
  HIPAA covers all personal health information that identifies or can be used to identify an individual. The data that is considered individually identifiable is much broader than under 42 CFR.
• National CLAS Standards
  The National Cultural and Linguistically Appropriate Services (CLAS) Standards are intended to advance health equity, improve quality and help eliminate healthcare disparities by establishing a blueprint for health and healthcare organizations.

State Regulations

State regulations governing AOD program operations are found in the California Code of Regulations (CCR). The state Office of Administrative Law (OAL) maintains and publishes these regulations on the Internet. This web site however, is not structured in a way that permits direct linking to specific sections of the California Code of Regulations. Instructions for accessing relevant sections of the California Code of Regulations through the OAL are as follows:

When the California Code of Regulations web page loads, please follow these directions to the specific regulations you are interested in.

Title 9

1. Click on the “List of CCR Titles” link in the upper left area of the screen.
2. On the next screen, click on the “TITLE 9. REHABILITATIVE AND DEVELOPMENTAL SERVICES” link to display the Divisions under Title 9.
3. When the content tree expands, click on the plus icon to the left of “DIVISION 4. DEPARTMENT OF ALCOHOL AND DRUG PROGRAMS” to expand the Chapters under Divison 4. For specific content, please then proceed as follows:
   • SACPA (Prop 36) – Click on the plus icon to the left of “CHAPTER 2.5. SUBSTANCE ABUSE AND CRIME PREVENTION ACT OF 2000 AND SUBSTANCE ABUSE TREATMENT AND TESTING ACCOUNTABILITY PROGRAM” to expand the sections under that chapter.
   • DUI Programs – Click on the plus icon to the left of “CHAPTER 3. PROGRAMS FOR ALCOHOL AND DRUG IMPAIRED DRIVERS” to expand the sections under that chapter.
   • Narcotic Treatment Programs – Click on the plus icon to the left of “CHAPTER 4. NARCOTIC TREATMENT PROGRAMS” to expand the sections under that chapter.
   • Counselor Certification – Click on the plus icon to the left of “CHAPTER 8. CERTIFICATION OF ALCOHOL AND OTHER DRUG COUNSELORS” to expand the sections under that chapter.
   • Residential Facility Licensing – Click on the plus icon to the left of “CHAPTER 5. LICENSURE OF RESIDENTIAL ALCOHOLISM OR DRUG ABUSE RECOVERY OR TREATMENT FACILITIES” to expand the sections under that chapter.

Title 22

• Title 22 contains Drug Medi-Cal regulations. Applicable sections are:
  • § 51341.1, Drug Medi-Cal Substance Abuse Services. This section is found in Division 3, Subdivision 1, Chapter 3, Article 4.
  • § 51490.1, Claim Submission Requirements. This section is found in Division 3, Subdivision 1, Chapter 3, Article 6.
  • § 51516.1, Reimbursement Rates. This section is found in Division 3, Subdivision 1, Chapter 3, Article 7.

Non-Discrimination and Disability Access

In the area of non-discrimination and disability access there are both federal and state mandates. These are listed together here.

• Americans with Disabilities Act - Regulations implementing the Act are the following:

  • CFR PART 35 - Nondiscrimination on the Basis of Disability in State and Local Government Services
  • 28 CFR PART 36 - Nondiscrimination on the Basis of Disability by Public Accomodations and Commercial Facilities
• Section 504 of the Rehabilitation Act of 1973 - Regulations implementing the Act are the following:
  • 45 CFR, Part 84 - Non-discrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance.
• Unruh Civil Rights Act – These requirements relating to non-discrimination are contained in state law, specifically section 51 of the California Civil Code. The text of the law can be located in the Civil Code table of contents located on the California Legislative Counsel’s website.
• Accessibility for persons with disabilities - Title 24, CCR
• Department of Alcohol and Drug Programs
  • Checklist for Accessibility
  • ADP Bulletin 09-05
• Other Resources
  • The U.S. Department of Justice ADA Home Page has an extensive listing of documents regarding ADA requirements and compliance.
  • The California Disability Access Information Website lists California Disability Access Information Website concerning non-discrimination and disability access.