Human Services, Substance Abuse and Mental Health

Rule R523-21

Division of Substance Abuse and Mental Health Rules

Notice of Proposed Rule

(Amendment)

DAR File No.: 33142
Filed: 11/04/2009 03:47:54 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The division proposes these rule changes to reflect current changes to statute and current practice. The Board of Substance Abuse and Mental Health was eliminated in the 2009 legislative session, 21 CFR no longer legislates methadone treatment, and a methadone data collection system no longer exists.

Summary of the rule or change:

All references to the State Board of Substance Abuse and Mental Health are being removed and replaced with the division. Reference to 21 CFR has been removed and replaced with 42 CFR. Reference to Levo Alpha Acetyl Methadol, a substance no longer used in opioid treatment, has been removed. Reference to a database has been removed and division duties in monitoring methadone treatment have been added.

State statutory or constitutional authorization for this rule:

• Subsection 62A-15-105(5)

This rule or change incorporates by reference the following material:

• Removes: 21 CFR Part 291.501 and 291.505, 03/18/1996

Anticipated cost or savings to:

the state budget:

These rule changes neither increase nor decrease the activities and duties of the division and its staff.

local governments:

Local governments do not monitor or regulate methadone treatment providers. Therefore, there are no costs or savings to local government.

small businesses:

These rule changes do not alter or add requirements to methadone provider agencies that already exist. No other small businesses are affected or provide services covered by this rule.

persons other than small businesses, businesses, or local governmental entities:

No other persons are affected or provide services covered by these rule changes.

Compliance costs for affected persons:

These rule changes are technical in nature and reflect current practice so no compliance costs are associated.

Comments by the department head on the fiscal impact the rule may have on businesses:

After careful review, the Department of Human Services has determined that these rule changes will have no financial impact on businesses in the state of Utah.

Lisa-Michele Church, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Substance Abuse and Mental Health
120 N 200 W
SALT LAKE CITY, UT 84103-1500

Direct questions regarding this rule to:

• Thom Dunford at the above address, by phone at 801-538-4519, by FAX at 801-538-9892, or by Internet E-mail at tdunford@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/31/2009

This rule may become effective on:

01/07/2010

Authorized by:

Lisa-Michele Church, Executive Director

R523. Human Services, Substance Abuse and Mental Health.

R523-21. Division of Substance Abuse and Mental Health Rules.

R523-21-1. Rules Governing Methadone Providers.

[1.](1) The [Board]Division of Substance Abuse and Mental Health under the authority granted to it by Section 62A-15-105 (5), establishes the following standards for providers of methadone and [Levo-Alpha-Acetyl-Methadol (LAAM)]other opioid treatment medication services[:].

[a.](2) All Substance Abuse providers, contractors or licensed persons who dispense methadone or [LAAM]other opioid treatment medications shall:

[i.](a) [C]comply with all Federal regulations, including [21 CFR part 291.501 and 505, April 1, 1995 edition, which is incorporated by reference within this rule]42 CFR Part 8;

[ii.](b) [C]comply with all State, and Local requirements regulating licensing for the purchasing, possession, distribution, and dispensing of methadone or [LAAM]other opioid treatment medications;

[iii.](c) [C]comply with all [rules in Section R523-20-2 through R523-20-12 as required]requirements of [any] licensed [or certified] substance abuse treatment programs; and

[iv.](d) [C]comply with the requirements of the [March 18, 1996 revision of the] Utah Department of Human Services "Provider Code of Conduct".[

b. Failure to comply with these provisions shall constitute grounds for revocation of licensure or contracts with the division.]

 

R523-21-2. [Establishment and Maintenance of Methadone Data Collection System]Division Duties in Monitoring Methadone Treatment .

[1.](1) The Division of Substance Abuse and Mental Health, in consultation with, and receiving input from the licensed [methadone and LAAM providers]Opioid Treatment Providers (OTPs) in the state, shall:

[a. establish and maintain a methadone data-collection-system for methadone or LAAM clients to ensure that duplication of methadone or LAAM dosing does not occur; and

b. present an annual report to the Board of the data-collection-system and the data obtained.](a) conduct regular meetings of the licensed OTPs in the state;

(b) work with licensed OTPs and other agencies as necessary to preclude dual enrollments of clients;

(c) disseminate current research and information pertaining to opioid treatment;

(d) review and act on Exemption Requests to Federal Take Home regulations in accordance with 42 CFR Part 8; and

(e) develop and promulgate a protocol for take home exceptions for long distance clients in conjunction with the Center for Substance Abuse Treatment's Division of Pharmacologic Therapies and the licensed OTPs with the state.

 

KEY: methadone programs

Date of Enactment or Last Substantive Amendment: [July 19, 1996]2010

Notice of Continuation: April 6, 2006

Authorizing, and Implemented or Interpreted Law: 62A-15-105(5)