Statutes, codes, and regulations
California Code Of Regulations
Title 9 - Rehabilitative and Developmental ServicesDivision 4 - Department of Alcohol and Drug ProgramsChapter 4 - Narcotic Treatment ProgramsSubchapter 5 - Patient Treatment
Article 4 - Take-Home Medication Privileges
Section 10390 - Restricting a Patient's Take-Home Medication Privileges

Cal. Code Regs. tit. 9 § 10390

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Current through Register 2025 Notice Reg. No. 1, January 3, 2025
Section 10390 - Restricting a Patient's Take-Home Medication Privileges
(a) The medical director or program physician shall restrict a patient's take-home medication privileges by moving the patient back at least one step level on the take-home medication schedule for any of the following reasons:
(1) Patients on step level schedules I through V who have submitted at least two consecutive monthly body specimens which have tested positive for illicit drugs and/or negative for the narcotic medication administered or dispensed by the program, unless the program physician invalidates the accuracy of the test results.
(2) Patients on step level schedule VI who have submitted at least two monthly body specimens within the last four consecutive months which have tested positive for illicit drugs and/or negative for the narcotic medication administered or dispensed by the program, unless the program physician invalidates the accuracy of the test results.
(3) Patients, after receiving a supply of take-home medication, are inexcusably absent from or miss a scheduled appointment with the program without authorization from the program staff.
(4) The patient is no longer a suitable candidate for take-home medication privileges as presently scheduled, based on consideration of the criteria specified in Section 10370(a).
(b) Nothing in this regulation shall prevent a medical director or program physician from ordering a revocation of a patient's take-home medication privileges for any of the reasons specified in Subsection (a) of this regulation, or for any other reasons, including:
(1) The patient is sharing, giving away, selling, or trading the medication administered or dispensed by the program.
(2) The patient attempts to register in another narcotic treatment program.
(3) The patient alters or attempts to alter a test or analysis for illicit drug use.
(c) The medical director or program physician shall order the restriction or revocation within fifteen (15) days from the date the program has obtained evidence for any of the reasons identified in Subsections (a) and (b) of this regulation.

Cal. Code Regs. Tit. 9, § 10390

1. Change without regulatory effect renumbering and amending parts of former section 10246 to 10390 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).

Note: Authority cited: Sections 11755, 11835, 11839.2, 11839.3, 11839.20 and 11875, Health and Safety Code. Reference: Sections 11839.3 and 11839.20, Health and Safety Code.

1. Change without regulatory effect renumbering and amending parts of former section 10246 to 10390 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 amendingNote filed 4-19-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 16).