DAR File No. 39876

Human Services, Substance Abuse and Mental Health

Rule R523-21

Division of Substance Abuse and Mental Health Rules

Notice of Proposed Rule

(Repeal)

DAR File No.: 39876
Filed: 10/27/2015 01:21:43 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Repeal this rule due to: 1) the division's reorganization of its rules; and 2) the edits needed to be made to the text of the rule. It will be replaced with a new rule that is renumbered and edited. (DAR NOTE: The proposed new rule is Rule R523-10 under DAR No. 39877 in this issue, November 15, 2015, of the Bulletin.)

Summary of the rule or change:

This rule prescribed standards for providers of methadone and other opioid treatment medication services.

State statutory or constitutional authorization for this rule:

• Section 62A-15-105

Anticipated cost or savings to:

the state budget:

None--This rule will be replaced by a new rule, R523-10, that has been renumbered to coincide with the division's comprehensive reorganization of its rules.

local governments:

None--This rule will be replaced by a new rule, R523-10, that has been renumbered to coincide with the division's comprehensive reorganization of its rules.

small businesses:

None--This rule will be replaced by a new rule, R523-10, that has been renumbered to coincide with the division's comprehensive reorganization of its rules.

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

None--This rule will be replaced by a new rule, R523-10, that has been renumbered to coincide with the division's comprehensive reorganization of its rules.

Compliance costs for affected persons:

None--This rule will be replaced by a new rule, R523-10, that has been renumbered to coincide with the division's comprehensive reorganization of its rules.

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

There is not a fiscal impact on businesses because this rule will be replaced by a new rule, R523-10, that has been renumbered to coincide with the division's comprehensive reorganization of its rules.

Ann Silverberg Williamson, 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
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Julene Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov
• L Ray Winger at the above address, by phone at 801-538-4319, by FAX at 801-538-9892, or by Internet E-mail at raywinger@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:

12/15/2015

This rule may become effective on:

12/22/2015

Authorized by:

Doug Thomas, 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) The 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 other opioid treatment medication services.

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

(a) comply with all Federal regulations, including 42 CFR Part 8;

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

(c) comply with all requirements of licensed substance abuse treatment programs; and

(d) comply with the requirements of the Utah Department of Human Services "Provider Code of Conduct".

 

R523-21-2. Division Duties in Monitoring Methadone Treatment.

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

(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: January 20, 2010

Notice of Continuation: March 30, 2011

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