California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 4 - Department of Alcohol and Drug Programs
Chapter 4 - Narcotic Treatment Programs
Subchapter 5 - Patient Treatment
Article 4 - Take-Home Medication Privileges
Section 10380 - Take-Home Medication Procedures for Holidays or Sunday Closure

Universal Citation: 9 CA Code of Regs 10380

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

(a) A program whose maintenance treatment modality is not in operation due to the program's observance of an official State holiday or Sunday closure may provide take-home medication according to the following procedures:

(1) Patients receiving take-home medication who are scheduled to attend the program on the holiday or Sunday closure may be provided one (1) additional day's supply on the last day of dosing at the program before the holiday or Sunday closure; and

(2) Patients not receiving take-home medication may be provided a one (1) day supply on the day before the holiday or Sunday closure.

(b) A patient shall not receive a take-home medication under the provisions of subsection (a) and shall be continued on the same dosage schedule if a medical director or program physician has included the patient within a list of all patients that, in his or her clinical judgment, have been determined currently not responsible in handling narcotic medications, based on consideration of the criteria specified in Section 10370(a). This list shall be maintained with the daily reconciliation dispensing record for the holiday or Sunday closure.

(c) The official State holidays are:

New Year's Day January 1
Martin Luther King's Birthday Third Monday in January
Lincoln's Birthday February 12
Washington's Birthday Third Monday in February
Cesar Chavez Day March 31
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Columbus Day Second Monday in October
Veterans Day November 11
Thanksgiving Day Fourth Thursday in November
Christmas Day December 25

(d) With prior written approval of the Department, a program may exchange other days of special local or ethnic significance on a one-for-one basis with the holidays listed in subsection (c).

1. Change without regulatory effect renumbering and amending parts of former section 10240 to 10380 filed 6-3-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 34).
2. Amendment of section heading, section and 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 section heading, section and 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 section heading, section and 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 heading, 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 section heading, section and 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, including amendment of section heading and section, 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 heading, 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 and 11839.20, Health and Safety Code.

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