1. (a) A patient may voluntarily terminate participation in a program even though termination may be against the advice of the medical director or program physician.
2. (b) If the medical director or program director determines that the patient's continued participation in the program creates a physically threatening situation for staff or other patients, the patient's participation may be terminated immediately.
3. (c) A patient's participation in a program may be involuntarily terminated by the medical director or program physician for cause.

4. (d) If a program utilizes disciplinary proceedings which include involuntary termination for cause, the program shall include in its protocol reasons and procedures for involuntarily terminating a patient's participation in the program. The procedures shall provide for:

   1. (1) Explanation to the patient of when participation may be terminated for cause.
   2. (2) Patient notification of termination.
   3. (3) Patient's right to hearing.
   4. (4) Patients right to representation.
5. (e) If the program elects not to terminate for cause, the protocol shall state that patients shall not be involuntarily terminated for cause except as provided in (b) above.

6. (f) Except as noted in (b) above, either voluntary or involuntary termination shall be individualized, under the direction of the medical director or program physician, and take place over a period of time not less than 15 days, unless:

   1. (1) The medical director or program physician deems it clinically necessary to terminate participation sooner and documents why in the patient's record;
   2. (2) The patient requests in writing a shorter termination period; or
   3. (3) The patient is currently within a 21-day detoxification treatment episode.

7. (g) The program shall complete a discharge summary for each patient who is terminated from treatment, either voluntarily or involuntarily. The discharge summary shall include at least the following:

   1. (1) The patient's name and date of discharge;
   2. (2) The reason for the discharge; and
   3. (3) A summary of the patient's progress during treatment.

Note: Authority cited: Sections 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 sections 10330 and 10340 to 10415 filed 6-3-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 34).

2. Amendment of section heading and subsections (a)-(c) and (f)-(f)(1), and new subsections (g)-(g)(3) 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 and subsections (a)-(c) and (f)-(f)(1), and new subsections (g)-(g)(3) 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 and subsections (a)-(c) and (f)-(f)(1), and new subsections (g)-(g)(3) 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 and subsections (a)-(c) and (f)-(f)(1), and new subsections (g)-(g)(3) 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 and subsections (a)-(c) and (f)-(f)(1), and new subsections (g)-(g)(3) 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 subsections (f)(1) and (f)(2) and new subsection (f)(3), 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).