1. (a) The protocol for each program shall contain a detailed description of the pre-termination fair hearing procedures. The protocol shall provide that a patient has a right to a pre-termination fair hearing in all cases of involuntary termination from the program for cause where continued participation in the program does not create a physically threatening situation for staff or other patients. The procedures shall include but not be limited to:

   1. (1) Identification of reasons for termination, as stated in program rules, which may include:

      1. (A) Diversion of medications used in replacement narcotic therapy.
      2. (B) Violence or threat of violence to program staff or other patients in the program.
      3. (C) Multiple registration.

   2. (2) Written notification to the patient of pending termination, containing:

      1. (A) Reasons for termination.
      2. (B) Explanation of right to pre-termination fair hearing, which shall explain to the patient that such rights must be exercised within 48 hours of written notice.
   3. (3) Provision for continuance of patient's treatment status pending decision upon the hearing.

   4. (4) Explanation of the patient's rights during the hearing to:

      1. (A) Be represented at the hearing by a person or attorney of their choice.
      2. (B) Call witnesses on their behalf, who need not be under oath.
      3. (C) Examine witnesses presented by the program.

   5. (5) Release of medical information in the patient's file to the patient or to the patient's representative at least 48 hours prior to the hearing.

      1. (A) Medical information requests by the patient shall be in the form of a signed consent to release of information.
      2. (B) Medical information to be released to the patient or patient's representative shall be approved by the physician in charge of the patient.
2. (b) The protocol shall state whether the patient is entitled to a hearing before a panel or before a single hearing officer. If the protocol states that the patient is entitled to a hearing before a panel, a single hearing officer may not be substituted for the panel without the consent of the patient. In the case of a hearing before a panel, a majority vote of the panel is necessary to terminate a person from the program.
3. (c) The program shall select the hearing officer or panel from impartial persons not directly involved with the patient's care.
4. (d) A hearing shall be scheduled within seven working days from the time the patient requests a hearing.
5. (e) Unless the program protocol requires a higher standard of proof, a patient's participation in a program shall be terminated for cause only after the hearing officer or panel finds by a preponderance of the evidence presented that the reason stated in the notice justifies termination.

6. (f) The hearing officer or panel shall render a decision not later than the first working day following the hearing. The program shall keep a permanent record of the proceedings. The permanent record of the proceedings may be a tape recording. The decision shall be in writing and shall be based solely on the evidence presented at the hearing. The decision shall include a summary of the proceedings and the formal findings and conclusions of the hearing officer or panel.

   1. (1) A copy of the record of the proceedings and/or the decision shall be provided to the patient upon request.
   2. (2) Copies of all written materials, including all evidence introduced at the hearing, shall be retained for one year.
7. (g) A patient may appeal an adverse decision of a hearing officer or panel by means of a writ of mandate pursuant to section 1094.5, Code of Civil Procedure.

Note: Authority cited: Sections 11755, 11835, 11839.3 and 11839.20, Health and Safety Code. Reference: Sections 11835, 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 10332 to 10420 filed 6-3-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 34).

2. Amendment of section heading, repealer of subsection (a)(1)(A), redesignation of subsection (a)(1)(B) as subsection (a)(1)(A) and amendment thereof, and amendment of 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, repealer of subsection (a)(1)(A), redesignation of subsection (a)(1)(B) as (a)(1)(A) and amendment thereof, and amendment of 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, repealer of subsection (a)(1)(A), redesignation of subsection (a)(1)(B) as (a)(1)(A) and amendment thereof, and amendment of 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, repealer of subsection (a)(1)(A), redesignation of subsection (a)(1)(B) as (a)(1)(A) and amendment thereof, and amendment of 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, repealer of subsection (a)(1)(A), redesignation of subsection (a)(1)(B) and (a)(1)(A) and amendment thereof, and amendment of 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 redesignation of subsections (a)(2)(C) and (D) to subsections (a)(2)(B) and (C), transmitted to OAL 6-2-97 and filed 6-13-97 (Register 97, No. 24).

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