California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 4 - Department of Alcohol and Drug Programs
Chapter 4 - Narcotic Treatment Programs
Subchapter 2 - Licensure of Narcotic Treatment Programs
Article 1 - Program Licensure
Section 10035 - Protocol Amendments and Changes

Universal Citation: 9 CA Code of Regs 10035

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The following changes in a program's protocol and supplemental written protocol require the prior approval of the Department. A program shall submit these changes to the Department on an Application for Protocol Amendment form DHCS 5135 (04/16), herein incorporated by reference:

(1) Any relocation of the program within the county indicated on its license.

(2) Any change in the licensed patient capacity.

(3) Any addition, reduction or termination of services.

(4) Any change in program sponsor.

(5) Any change in partner, officer, director, 10 percent or greater shareholder, or person employed by the program under the authority of subdivision (c) of Section 2401 of the Business and Professions Code.

(6) Any change to the physical structure or floor plan of the facility including expansions or modifications to dispensing stations.

(b) All other changes in the protocol and supplemental written protocol shall be reported to the Department on an Application for Protocol Amendment form DHCS 5135 (04/16) within 30 days after the date such change becomes effective.

(c) Every proposed amendment described in subsection (a) and changes in protocol described in subsection (b) shall be accompanied by a written statement of the estimated impact upon the population and area served, funding and budget, staff, and facilities, and upon any other portion of the approved protocol and supplemental written protocol affected by the proposed amendment or protocol change. The requested effective date of implementation of the proposed amendment shall be included. Approved amendments and changes in protocol shall consist of a series of dated page revisions for insertion into the approved protocol.

(d) An amendment proposing an increase in the licensed capacity for detoxification or maintenance treatment at a program shall be subject to the Department's determination that the program is currently in compliance with applicable state and federal laws and regulations.

1. Change without regulatory effect renumbering and amending former section 10048 to 10035 filed 6-3-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 34).
2. Amendment of subsection (d), new subsection (e) and amendment of NOTE filed 3-15-96 as an emergency; operative 3-15-96 (Register 96, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-13-96 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (d), new subsection (e) and amendment of NOTE refiled 7-8-96 as an emergency; operative 7-12-96 (Register 96, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-12-96 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (d), new subsection (e) and amendment of NOTE refiled 10-23-96 as an emergency; operative 10-29-96 (Register 96, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-26-97 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section and NOTE refiled 2-11-97 as an emergency; operative 2-24-97 (Register 97, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-24-97 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-11-97 order transmitted to OAL 3-4-97; disapproved by OAL and order of repeal as to 2-11-97 order filed 4-15-97 (Register 97, No. 16).
7. Amendment of subsection (d), new subsection (e) and amendment of NOTE filed 4-15-97 as an emergency; operative 4-15-97 (Register 97, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-13-97 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 4-15-97 order transmitted to OAL 6-2-97 and filed 6-13-97 (Register 97, No. 24).
9. Change without regulatory effect amending NOTE filed 4-19-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 16).
10. Amendment of section and NOTE filed 5-7-2020; operative 7-1-2020 (Register 2020, No. 19).

Note: Authority cited: Sections 11750, 11755, 11835, 11839.3 and 11839.6, Health and Safety Code. Reference: Sections 11839.3 and 11839.22, Health and Safety Code.

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