1. (a) The medical director or program physician, when restoring each step of a patient's restricted take-home medication privileges, shall:

   1. (1) Determine that the patient is responsible for handling narcotic medications, as specified in Section 10370(a).

   2. (2) Ensure that the patient has completed at least a 30-day restriction, and the most recent 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 when restoring the following:

      1. (A) Step level schedules I through V which were restricted due to drug-screening test or analysis results.

   3. (3) Ensure that at least the previous three (3) consecutive monthly body specimens collected from the patient are both negative for illicit drugs and positive for the narcotic medication administered or dispensed by the program when restoring the following:

      1. (A) Step level schedule VI which was restricted due to drug-screening test or analysis results.
      2. (B) Any step which was restricted due to an unexcused absence after receiving a supply of take-home medication.
2. (b) This section shall not be used to circumvent the requirements of section 10375. No patient shall be advanced to a step level pursuant to this section unless he/she has previously been at such step level after having satisfied the requirements of section 10375(a).

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

History

1. Change without regulatory effect renumbering and amending parts of former section 10248 to 10400 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 A Certificate of Compliance must be transmitted to OAL by 7-13-96 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 11-12-96 or emergency language will be repealed by operation of law on the following day.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 of section heading and section, 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).