1. (a) The Department may grant temporary exceptions to the regulations adopted under this chapter if it determines that such action is justified and would improve treatment services or afford greater protections to the health, safety or welfare of patients, the community, or the general public. No exception may be granted if it is contrary to or less stringent than the federal laws and regulations which govern narcotic treatment programs. Any exception(s) shall be subject to all of the following requirements:

   1. (1) Such exceptions shall be limited to program licensees operating in compliance with applicable laws and regulations;
   2. (2) Requests for exceptions shall be formally submitted in writing to the Department;
   3. (3) Exceptions shall be limited to a one-year period unless an extension is formally granted by the Department;
   4. (4) The program applicant shall comply with all Departmental requirements for maintaining appropriate records or otherwise documenting and reporting activity;
   5. (5) The formal approval of the Department shall contain an accurate description of the exception(s) granted and the terms and conditions to be observed by the licensee; and
   6. (6) Exception(s) shall be voided if the licensee fails to maintain compliance with this section or other applicable laws and regulations that govern narcotic treatment programs.

Note: Authority cited: Sections 11750, 11755, 11835, 11839.3 and 11839.20, Health and Safety Code. Reference: Section 11839.3, Health and Safety Code.

History

1. Change without regulatory effect renumbering and amending parts of former section 10007 to 10425 filed 6-3-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 34).

2. Amendment of section heading, first paragraph and subsection (7) 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 A Certificate of Compliance must be transmitted to OAL by 7-13-96 or emergency language will be repealed by operation of law on the following day.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, first paragraph and subsection (7) 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 A Certificate of Compliance must be transmitted to OAL by 11-12-96 or emergency language will be repealed by operation of law on the following day.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, first paragraph and subsection (7) 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, first paragraph and subsection (7) 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, first paragraph and subsection (7) 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 transmitted to OAL 6-2-97 and filed 6-13-97 (Register 97, No. 24).

9. Change without regulatory effect designating first paragraph as subsection (a) and amending subsection (a)(7) and Note filed 4-19-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 16).

10. Repealer of subsection (a)(4), subsection renumbering and amendment of Note filed 5-7-2020; operative 7-1-2020 (Register 2020, No. 19).