Cal. Code Regs. Tit. 9, § 10420 - Patient Fair Hearings
(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) Identification of
reasons for termination, as stated in program rules, which may include:
(A) Diversion of medications used in
replacement narcotic therapy.
(B)
Violence or threat of violence to program staff or other patients in the
program.
(C) Multiple
registration.
(2) Written
notification to the patient of pending termination, containing:
(A) Reasons for termination.
(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) Provision for continuance of patient's
treatment status pending decision upon the hearing.
(4) Explanation of the patient's rights
during the hearing to:
(A) Be represented at
the hearing by a person or attorney of their choice.
(B) Call witnesses on their behalf, who need
not be under oath.
(C) Examine
witnesses presented by the program.
(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.
(A) Medical
information requests by the patient shall be in the form of a signed consent to
release of information.
(B) Medical
information to be released to the patient or patient's representative shall be
approved by the physician in charge of the
patient.
(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.
(c) The program shall select the hearing
officer or panel from impartial persons not directly involved with the
patient's care.
(d) A hearing shall
be scheduled within seven working days from the time the patient requests a
hearing.
(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.
(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) A copy of the record of the proceedings
and/or the decision shall be provided to the patient upon request.
(2) Copies of all written materials,
including all evidence introduced at the hearing, shall be retained for one
year.
(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.
Notes
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).
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.
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).
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