11356.6.
(a) The court shall refer a defendant subject to paragraph (2) of subdivision (a) of Section 11373 only to a fentanyl and synthetic opiate education program that has been approved by the State Department of Public Health pursuant to subdivision (b) of this section.(b) The State Department of Public Health shall oversee the fentanyl and synthetic opiate education program. The department shall be responsible for all of the following:
(1) Receiving input from, and collaborating with, relevant stakeholders, including, but not limited to, probation departments, to set education provider standards.
(2) Approving, monitoring, and renewing approvals of program providers to ensure compliance with this section.
(3) Developing comprehensive, statewide standards through regulations, including, but not limited to, standards for program provider curricula and the training of program staff.
(4) Identifying and developing requirements to determine whether a defendant has satisfactorily completed the requirements of the program.
(5) Analyzing the effectiveness of programs, including, but not limited to, thorough tracking of relevant participant and program data.
(c) The fentanyl and synthetic opiate
education program shall include education on the dangers of fentanyl and other synthetic opiates, including, but not limited to, information on all of the following:
(1) How the use of fentanyl and synthetic opiates affects the body and brain.
(2) The dangers of fentanyl and other synthetic opiates to a person’s life and health.
(3) Factors that contribute to physical dependence.
(4) The physical and mental health risks associated with substance use disorders.
(5) How to recognize and respond to the signs of a drug overdose, including information regarding access to, and the administration
of, opiate antagonists and immunity for reporting a drug-related overdose pursuant to Section 11376.5.
(6) The legality of drug testing equipment pursuant to subdivision (g) of Section 11364.5.
(d) The education may also include the criminal penalties for controlled substance offenses regarding fentanyl and other synthetic opiates.
(e) The education shall be culturally and linguistically appropriate.
(f) The court may allow a defendant to participate in a fentanyl and synthetic opiate education program via remote technology, if one is available.
(g) The program provider shall report to the
probation department and the court an unexcused absence by a defendant from a fentanyl and synthetic opiate education program within two business days. A defendant who is absent from a session of the fentanyl and synthetic opiate education program shall be required to complete any and all components of the fentanyl and synthetic opiate education program that the defendant did not attend.
(h) The department shall only approve programs that follow the fee structure set pursuant to are available at no cost to participants of court-ordered drug education as provided in subparagraph (B) of paragraph (2) of subdivision (a) of Section 11373.
(i) As used in this section, “opiate” includes “opioid” drugs.