(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).