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 10385 - Exceptions to Take-Home Medication Criteria. And Dosage Schedules
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The medical director or program physician may request from the Department an exception to take-home medication criteria and dosage schedules as set forth in Sections 10370(b) and 10375 for any of the following reasons:
(b) Prior to submitting a request for an exception to Sections 10370(b) and 10375, the medical director or program physician shall determine that the patient is responsible in handling narcotic medications as specified in Section 10370(a).
(c) A request submitted to the Department for an exception to take-home medication criteria and dosage schedules shall be accompanied by copies of all documents provided by the program to the Substance Abuse and Mental Health Services Administration pursuant to Section 8.11(h) of Title 42 of the Code of Federal Regulations.
(d) The medical director or program physician shall document in the patient's record any request for an exception to Sections 10370(b) and 10375, the facts justifying the request, and the approval or denial of the request.
(e) The Department may grant additional exceptions to the take-home medication requirements contained in this Section in the case of an emergency or natural disaster, such as fire, flood, or earthquake.
1. Change
without regulatory effect renumbering and amending parts of former section
10238 to
10385 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language will be repealed by operation of law on the following day.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transmitted to OAL by 11-12-96 or emergency language will be repealed by operation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, 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 11839.20, Health and Safety Code. Reference: Sections 11839.3 and 11839.20, Health and Safety Code.
