1. (a) When a program determines that it is providing replacement narcotic therapy to a patient who is simultaneously receiving this therapy from one or more other programs, all of the involved programs shall immediately:

   1. (1) Confer to determine which program will accept sole responsibility for the patient.
   2. (2) Revoke the patient's take-home medication privileges in accordance with the provisions of Section 10390(b) and (c), and
   3. (3) Notify the Department's Narcotic Treatment Program Licensing Branch by telephone within 72 hours of such determination;
2. (b) The program which agrees to accept sole responsibility for the patient shall continue to provide replacement narcotic therapy.

3. (c) Each of the other programs involved shall:

   1. (1) Immediately discharge the patient from the program;
   2. (2) Document in the patient's record why the patient was discharged from the program;
   3. (3) Provide to the new program, within 72 hours of the discharge, written documentation (letter or discharge summary) that it has discharged the patient.
   4. (4) Send written notification of the discharge to the Department within 72 hours of the discharge.

4. (d) If the Department determines that neither program has accepted sole responsibility for the patient, the Department shall:

   1. (1) Designate one program which shall accept sole responsibility for the patient, and
   2. (2) Order the remaining programs to proceed in accordance with the provisions of Subsections (a)(2) and (c) of this regulation.

Note: Authority cited: Sections 11755, 11835, 11839.3 and 11839.20, Health and Safety Code. Reference: Sections 11839.2, 11839.22 and 11875, Health and Safety Code.

History

1. Change without regulatory effect renumbering and amending parts of former section 10118 to 10225 filed 6-3-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 34).

2. Repealer and new section filed 5-6-93 as an emergency; operative 5-6-93 (Register 93, No. 19). No Certificate of Compliance is required pursuant to the provisions of section 17, Chapter 709, Statutes of 1992.

3. Editorial correction of printing error in History 2 (Register 93, No. 24).

4. Repealer and new section refiled 11-2-93; operative 11-2-93. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 93, No. 45).

5. Amendment of subsections (a)-(b) 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.

6. Amendment of subsections (a)-(b) 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.

7. Amendment of subsections (a)-(b) 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.

8. Amendment of subsections (a)-(b) 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.

9. 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).

10. Amendment of subsections (a)-(b) 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.

11. Certificate of Compliance as to 4-15-97 order transmitted to OAL 6-2-97 and filed 6-13-97 (Register 97, No. 24).

12. Change without regulatory effect amending subsection (a)(2) and Note filed 4-19-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 16).