Statutes, codes, and regulations
California Code Of Regulations
Title 9 - Rehabilitative and Developmental ServicesDivision 1 - Department of Mental HealthChapter 17 - Enhanced Treatment Program
Article 4 - Discharge
Section 5100 - Discharge and Transition

Cal. Code Regs. tit. 9 § 5100

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Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 5100 - Discharge and Transition
(a) Subsequent to certification for ETP treatment, pursuant to Section 4905, prior to expiration of the 90-day certification, and at least every 90 days and prior to expiration of the one-year certification, the FNAP shall review each certified ETP patient to determine whether they no longer clinically require treatment in the ETP, pursuant to Welfare and Institutions Code section 4144, subdivisions (g) and (h).
(b) If the FNAP determines that a certified patient no longer clinically requires treatment in the ETP, an ETP patient shall be discharged in accordance with their aftercare plan pursuant to Welfare and Institutions Code section 4144, subdivisions (e)(2)(I) and (e)(7). This determination shall be based on clinical progress reports, along with any other relevant information, and shall be accompanied by a determination that a patient should be transferred to a Standard Treatment Environment, or any other appropriate placement, or referred to a more secure treatment environment pursuant to Welfare and Institutions Code section 7301. The patient shall be transferred within 30 days of the FNAP determination.
(c) If the FNAP determines that a certified patient continues to clinically require treatment in the ETP, an ETP patient shall remain in the ETP, pursuant to provisions set forth in Welfare and Institutions Code section 4144, subdivisions (i) and (k).
(d) At any point during the ETP placement, if a patient's Treatment Team determines that the patient no longer clinically requires ETP treatment, a recommendation to transfer the patient out of the ETP shall be made to the FNAT or FNAP, pursuant to Welfare and Institutions Code section 4144, subdivision (j).

Cal. Code Regs. Tit. 9, § 5100

1. New article 4 (section 5100) and section filed 4-23-2020 as an emergency; operative 4-23-2020 (Register 2020, No. 17). This action is a deemed emergency pursuant to Welfare and Institutions Code section 4144(m). A Certificate of Compliance must be transmitted to OAL by 10-20-2020 or emergency language will be repealed by operation of law on the following day.
2. Emergency filed 4-23-2020 extended 60 days (Executive Order N-40-20) (Register 2020, No. 19). A Certificate of Compliance must be transmitted to OAL by 12-21-2020 or emergency language will be repealed by operation of law on the following day.
3. Emergency filed 4-23-2020 extended an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 37). A Certificate of Compliance must be transmitted to OAL by 2-19-2021 or emergency language will be repealed by operation of law on the following day.
4. Repealer of article 4 (section 5100) and section by operation of Government Code section 11346.1(g) (Register 2021, No. 9).
5. Readoption of article 4 (section 5100) and section filed 3-29-2021 as an emergency; operative 3-29-2021 (Register 2021, No. 14). This action is a deemed emergency pursuant to Welfare and Institutions Code section 4144(m). Expiration date of emergency extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 10-26-2021 or emergency language will be repealed by operation of law on the following day.
6. Readoption of article 4 (section 5100) and section filed 10-21-2021 as an emergency; operative 10-27-2021 pursuant to Government Code section 11346.1(d) (Register 2021, No. 43). This action is a deemed emergency pursuant to Welfare and Institutions Code section 4144(m). A Certificate of Compliance must be transmitted to OAL by 1-25-2022 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 10-21-2021 order, including amendment of subsections (a)-(b), transmitted to OAL 12-30-2021 and filed 2-11-2022; amendments effective 2-11-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 6).

Note: Authority cited: Sections 4005.1, 4027, 4101, 4143 and 4144, Welfare and Institutions Code. Reference: Section 4144, Welfare and Institutions Code.

1. New article 4 (section 5100) and section filed 4-23-2020 as an emergency; operative 4/23/2020 (Register 2020, No. 17). This action is a deemed emergency pursuant to Welfare and Institutions Code section 4144(m). A Certificate of Compliance must be transmitted to OAL by 10-20-2020 or emergency language will be repealed by operation of law on the following day.
2. Emergency filed 4-23-2020 extended 60 days (Executive Order N-40-20) (Register 2020, No. 19). A Certificate of Compliance must be transmitted to OAL by 12-21-2020 or emergency language will be repealed by operation of law on the following day.
3. Emergency filed 4-23-2020 extended an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 37). A Certificate of Compliance must be transmitted to OAL by 2-19-2021 or emergency language will be repealed by operation of law on the following day.
4. Repealer of article 4 (section 5100) and section by operation of Government Code section 11346.1(g) (Register 2021, No. 9).
5. Readoption of article 4 (section 5100) and section filed 3-29-2021 as an emergency; operative 3/29/2021 (Register 2021, No. 14). This action is a deemed emergency pursuant to Welfare and Institutions Code section 4144(m). Expiration date of emergency extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 10-26-2021 or emergency language will be repealed by operation of law on the following day.
6. Readoption of article 4 (section 5100) and section filed 10-21-2021 as an emergency; operative 10/27/2021 pursuant to Government Code section 11346.1(d) (Register 2021, No. 43). This action is a deemed emergency pursuant to Welfare and Institutions Code section 4144(m). A Certificate of Compliance must be transmitted to OAL by 1-25-2022 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 10-21-2021 order, including amendment of subsections (a)-(b), transmitted to OAL 12-30-2021 and filed 2-11-2022; amendments effective 2/11/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 6).