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 10055 - Period of Licensure and Annual License Renewal

Universal Citation: 9 CA Code of Regs 10055

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

(a) Narcotic treatment programs shall not be licensed for more than one year.

(b) The Department shall renew a program's license annually if:

(1) The Department determines that the program, and any affiliated and associated medication unit(s) and/or OBNTNs, are in satisfactory compliance with the requirements of article 1, chapter 10, part 2, division 10.5, of the Health and Safety Code, and this article.

(2) The County Alcohol and Drug Program Administrator submits to the Department the County Certification form DHCS 5027 (04/16) that includes:
(A) A certification of need for continued services of the narcotic treatment program; and

(B) A recommendation for renewal of the license.

(3) The Department receives, by March 31st of each year, an Application for License Renewal form DHCS 4029 (04/16), herein incorporated by reference, that includes:
(A) Program information, including any affiliated and associated medication unit(s) and/or OBNTNs;

(B) Projected patient capacity of the program; and

(C) An annual maintenance report.

(4) The Department receives, by March 31st of each year, an Organizational Responsibility form DHCS 5031 (04/16) that includes a current list of any partner, officer, director, 10 percent or greater shareholder, and person employed by the program under the authority of subdivision (c) of Section 2401 of the Business and Professions Code.

(c) Within 30 days of receipt of an Application for License Renewal form DHCS 4029 (04/16) and Organizational Responsibility form DHCS 5031 (04/16), the Department shall notify the licensee, in writing, whether the application is:

(1) Complete, and the renewal licensing process shall continue; or

(2) Incomplete, and the Department shall specify the missing or incomplete information or documentation. The licensee shall have 15 days from the date of the notification to provide the missing information or documentation. The Department shall terminate review of the license renewal if the licensee does not provide all required information or documentation within 15 days. Upon termination of review, the incomplete license renewal application shall be returned to the licensee. Termination of review shall not constitute a licensing action.

(d) The Department shall either approve or deny, in writing, the Application for License Renewal by June 15th of each fiscal year. If approved, the Department shall issue a new license to the program with an effective date of July 1st.

1. Change without regulatory effect renumbering and amending parts of former section 10028 to 10055 filed 6-3-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 34).
2. Amendment of subsections (a) and (b)(2)(A) 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 subsections (a) and (b)(2)(A) 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 subsections (a) and (b)(2)(A) 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 subsections (a) and (b)(2)(A) 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 subsections (a) and (b)(2)(A) 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 subsection (b)(1) and 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 and 11839.3, Health and Safety Code. Reference: Sections 11839.3, 11839.5, 11839.7, 11839.10 and 11839.19, Health and Safety Code.

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