§ 10385. Exceptions to Take-Home Medication Criteria. And Dosage Schedules.

(a) The medical director or program physician may grant an exception to take-home medication criteria and dosage schedules as set forth in sections 10370(b) and 10375 for any of the following reasons:

(1) The patient has a physical disability or chronic, acute, or terminal illness that makes daily attendance at the program a hardship. The program must verify the patient's physical disability or illness, and include medical documentation of the disability or illness in the patient's record. The patient shall not be given at any one time, more than a two-week take-home supply of medication.

(2) The patient has an exceptional circumstance, such as a personal or family crisis, that makes daily attendance at the program a hardship. When the patient must travel out of the program area, the program shall attempt to arrange for the patient to receive his or her medication at a program in the patient's travel area. The program shall document such attempts in the patient's record. The patient shall not be given at any one time, more than a one-week take-home supply of medication.

(3) The patient would benefit, as determined by the medical director or program physician, from receiving his or her medication in two split doses, with one portion dispensed as a take-home dose, when the medical director or program physician has determined that split doses would be more effective in blocking opiate abstinence symptoms that an increased dosage level.

(b) Prior to granting an exception to Sections 10370(b) and 10375, the medical director or program physician shall determine that the patient is responsible in handling narcotic medications as specified in Section 10370(a).

(c) The medical director or program physician shall document in the patient's record the granting of any exception and the facts justifying the exception.

(d) The Department may grant additional exceptions to the take-home medication requirements contained in this Section in the case of an emergency or natural disaster, such as fire, flood, or earthquake.

HISTORY

1. Change without regulatory effect renumbering and amending parts of former section 10238 to 10385 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, transmitted to OAL 6-2-97 and filed 6-13-97 (Register 97, No. 24).

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

Note

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.