1. (a) Methadone, buprenorphine and buprenorphine products shall only be provided to a patient as take-home medication if the medical director or program physician has determined, in his or her clinical judgment, that the patient is responsible in handling narcotic medications, is adhering to program requirements, and has documented his or her rationale in the patient's record. The rationale shall be based on consideration of the following criteria:

   1. (1) Absence of use of illicit drugs and abuse of other substances, including alcohol;
   2. (2) Regularity of program attendance for replacement narcotic therapy and counseling services;
   3. (3) Absence of serious behavioral problems while at the program;
   4. (4) Absence of known criminal activity, including the selling or distributing of illicit drugs;
   5. (5) Stability of the patient's home environment and social relationships;
   6. (6) Length of time in maintenance treatment;
   7. (7) Assurance that take-home medication can be safely stored within the patient's home; and
   8. (8) Whether the rehabilitative benefit to the patient derived from decreasing the frequency of program attendance outweighs the potential risks of diversion.

2. (b) The medical director or program physician may place a methadone patient on one of the six take-home medication schedules, as specified in Section 10375, only when at least the additional following criteria have been met:

   1. (1) Documentation in the patient's record that the patient is participating in gainful employment, education, responsible homemaking (i.e., primary care giver, retiree with household responsibilities, or volunteer helping others), or that the patient is retired or medically disabled and if the patient's daily attendance at the program would be incompatible with such activity;
   2. (2) Documentation in the patient's record that the current monthly body specimen collected from the patient is both negative for illicit drugs and positive for the narcotic medication administered or dispensed by the program; and

   3. (3) No other evidence in the patient's record that he or she has used illicit drugs, abused alcohol, or engaged in criminal activity within:

      1. (A) The last 30 days for those patients being placed on step level schedules I through V, as specified in Section 10375(a)(1), (2), (3), (4) and (5); and
      2. (B) The last year for those patients being placed on step level schedule VI, as specified in Section 10375(a)(6).
3. (c) Take-home doses of LAAM are not permitted under any circumstances, including any of the provisions for take-home medication as specified in Sections 10365, 10370, 10375, 10380, 10385 and 10400.

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.

History

1. Change without regulatory effect renumbering and amending parts of former section 10230 to 10370 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. Editorial correction restoring inadvertently omitted text (Register 97, No. 24).

9. 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).

10. Amendment of subsection (b)(1) and Note filed 6-23-97 as an emergency; operative 7-1-97 (Register 97, No. 26). Pursuant to Health and Safety Code section 11758.42, a Certificate of Compliance must be transmitted to OAL by 12-28-97 or emergency language will be repealed by operation of law on the following day.

11. Editorial correction of subsection (b)(3)(B) and History 10 (Register 98, No. 1).

12. Reinstatement of section as it existed prior to 6-23-97 emergency amendment by operation of Government Code section 11346.1(f) (Register 98, No. 1).

13. Amendment of subsection (b)(1) and Note filed 12-31-97 as an emergency; operative 12-31-97 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-30-98 or emergency language will be repealed by operation of law on the following day.

14. Amendment of subsection (b)(1) and Note refiled 4-27-98 as an emergency; operative 4-30-98 (Register 98, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-28-98 or emergency language will be repealed by operation of law on the following day.

15. Certificate of Compliance as to 4-27-98 order, including amendment of subsection (b)(2), transmitted to OAL 6-1-98 and filed 6-29-98 (Register 98, No. 27).

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

17. Amendment of subsections (a) and (b)-(b)(1), repealer of subsection (c), subsection relettering and amendment of Note filed 5-7-2020; operative 7-1-2020 (Register 2020, No. 19).