California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 17 - Enhanced Treatment Program › Article 4 - Discharge › Section 5100 - Discharge and Transition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Subsequent
				  to certification for ETP treatment, pursuant to Section
				  4905, prior to expiration of the 90-day
				  certification, and at least every 90 days and prior to expiration of the one-year
				  certification, the FNAP shall review each certified ETP patient to determine whether
				  they no longer clinically require treatment in the ETP, pursuant to Welfare and
				  Institutions Code section
				  4144,
				  subdivisions (g) and (h).
(b) If the
				  FNAP determines that a certified patient no longer clinically requires treatment in
				  the ETP, an ETP patient shall be discharged in accordance with their aftercare plan
				  pursuant to Welfare and Institutions Code section
				  4144,
				  subdivisions (e)(2)(I) and (e)(7). This determination shall be based on clinical
				  progress reports, along with any other relevant information, and shall be
				  accompanied by a determination that a patient should be transferred to a Standard
				  Treatment Environment, or any other appropriate placement, or referred to a more
				  secure treatment environment pursuant to Welfare and Institutions Code section
				  7301.
				  The patient shall be transferred within 30 days of the FNAP determination.
(c) If the FNAP determines that a certified
				  patient continues to clinically require treatment in the ETP, an ETP patient shall
				  remain in the ETP, pursuant to provisions set forth in Welfare and Institutions Code
				  section
				  4144,
				  subdivisions (i) and (k).
(d) At any
				  point during the ETP placement, if a patient's Treatment Team determines that the
				  patient no longer clinically requires ETP treatment, a recommendation to transfer
				  the patient out of the ETP shall be made to the FNAT or FNAP, pursuant to Welfare
				  and Institutions Code section
				  4144,
				  subdivision (j).
1. New article 4
					 (section 5100) and section filed 4-23-2020 as an
					 emergency; operative 4-23-2020 (Register 2020, No. 17). This action is a deemed
					 emergency pursuant to Welfare and Institutions Code section
					 4144(m).
					 A Certificate of Compliance must be transmitted to OAL by 10-20-2020 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 Emergency filed 4-23-2020 extended 60 days (Executive Order N-40-20) (Register 2020,
					 No. 19). A Certificate of Compliance must be transmitted to OAL by 12-21-2020 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Emergency filed 4-23-2020 extended an additional 60 days pursuant
					 to Executive Order N-66-20 (Register 2020, No. 37). A Certificate of Compliance must
					 be transmitted to OAL by 2-19-2021 or emergency language will be repealed by
					 operation of law on the following day.
4. Repealer of article 4 (section
					 5100) and section by operation of
					 Government Code section
					 11346.1(g)
					 (Register 2021, No. 9).
5. Readoption of article 4 (section
					 5100) and section filed 3-29-2021 as an
					 emergency; operative 3-29-2021 (Register 2021, No. 14). This action is a deemed
					 emergency pursuant to Welfare and Institutions Code section
					 4144(m).
					 Expiration date of emergency extended 60 days (Executive Order N-40-20) plus an
					 additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be
					 transmitted to OAL by 10-26-2021 or emergency language will be repealed by operation
					 of law on the following day.
6. Readoption of article 4 (section
					 5100) and section filed 10-21-2021 as an
					 emergency; operative 10-27-2021 pursuant to Government Code section
					 11346.1(d)
					 (Register 2021, No. 43). This action is a deemed emergency pursuant to Welfare and
					 Institutions Code section
					 4144(m).
					 A Certificate of Compliance must be transmitted to OAL by 1-25-2022 or emergency
					 language will be repealed by operation of law on the following day.
7.
					 Certificate of Compliance as to 10-21-2021 order, including amendment of subsections
					 (a)-(b), transmitted to OAL 12-30-2021 and filed 2-11-2022; amendments effective
					 2-11-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 6).
Note: Authority cited: Sections
						4005.1,
						4027,
						4101,
						4143
						and
						4144,
						Welfare and Institutions Code. Reference: Section
						4144,
						Welfare and Institutions Code.