California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 4 - Department of Alcohol and Drug Programs
Chapter 4 - Narcotic Treatment Programs
Subchapter 3 - Program Administration
Article 2 - Patient Capacity and Caseload
Section 10145 - Licensed Patient Capacity

Universal Citation: 9 CA Code of Regs 10145

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

(a) A narcotic treatment program shall be licensed to provide treatment services to the maximum number of patients specified on the license.

(b) The licensed patient capacity applies to the combined number of patients receiving treatment at the narcotic treatment program, medication unit and/or OBNTN, except for those patients from another program who are receiving dosing services at the narcotic treatment program on a temporary basis as specified in Section 10295.

(c) A licensee shall notify the County Alcohol and Drug Program Administrator in writing prior to any change in the licensed patient capacity.

(d) The Department shall not increase the licensed patient capacity of a program unless it determines that the licensee is operating in full compliance with applicable laws and regulations.

(e) The program may adjust the ratio of patients in each treatment modality in response to need, but shall not treat more patients at any one time than the maximum patient capacity specified on the license.

(f) The Department may issue an order that prohibits the program from admitting new patients if the program is over its maximum licensed patient capacity.

(1) The Department shall deliver to the licensee, in person or by certified mail, an order that:
(A) Informs the licensee that the program is prohibited from admitting any new patients, effective as of the date of receipt of the order; and

(B) Informs the licensee that as soon as the program is within its licensed patient capacity, the program is required to submit a written notification to the Department.

(2) The order shall be automatically vacated as soon as the Department receives the program's written notification that it is within its licensed patient capacity.

(3) The Department shall assess a civil penalty of five hundred dollars ($500) a day for each day a program violates an order.

1. Change without regulatory effect renumbering and amending parts of former sections 10200 and 10206 to 10145 filed 6-3-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 34).
2. Amendment 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 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 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 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 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, including amendment of subsection (b), transmitted to OAL 6-2-97 and filed 6-13-97 (Register 97, No. 24).
9. Amendment of section heading, section and NOTE filed 6-23-97 as an emergency; operative 7-1-97 (Register 97, No. 26). Pursuant to Health and Safety Code section 11758.42, a Certificate of Compliance must be transmitted to OAL by 12-28-97 or emergency language will be repealed by operation of law on the following day.
10. Editorial correction of HISTORY 9 (Register 98, No. 1).
11. Reinstatement of section as it existed prior to 6-23-97 emergency amendment by operation of Government Code section 11346.1(f) (Register 98, No. 1).
12. Amendment of section heading, section and NOTE filed 12-31-97 as an emergency; operative 12-31-97 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-30-98 or emergency language will be repealed by operation of law on the following day.
13. Amendment of section heading, section and NOTE refiled 4-27-98 as an emergency; operative 4-30-98 (Register 98, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-28-98 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 4-27-98 order transmitted to OAL 6-1-98 and filed 6-29-98 (Register 98, No. 27).
15. Change without regulatory effect amending NOTE filed 4-19-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 16).
16. 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 11839.20, Health and Safety Code. Reference: Sections 11839.3, 11839.16 and 11839.20, Health and Safety Code.

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