DAR File No. 39877

Human Services, Substance Abuse and Mental Health

Rule R523-10

Standards for Methadone Addiction Treatment Providers

Notice of Proposed Rule

(New Rule)

DAR File No.: 39877
Filed: 10/27/2015 01:27:20 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This new rule establishes standards for providers of methadone and other opioid treatment medication services. (DAR NOTE: The proposed repeal is of Rule R523-21 under DAR No. 39876 in this issue, November 15, 2015, of the Bulletin.)

Summary of the rule or change:

This rule provides guidance on state and federal requirements for treatment providers who use methadone and other opioid treatment medications. It also provides guidance on the division's duties in monitoring methadone treatment.

State statutory or constitutional authorization for this rule:

• Section 62A-15-105
• 42 CFR Part 8

Anticipated cost or savings to:

the state budget:

There is no aggregate anticipated cost or savings to the state budget because this rule replaces a repealed rule, R523-21, that was repealed in order to clarify guidance, correct typographical errors, remove unnecessary text, and reorganize the numbering system of the division's rules.

local governments:

There is no aggregate anticipated cost or savings to local governments because this rule replaces a repealed rule, R523-21, that was repealed in order to clarify guidance, correct typographical errors, remove unnecessary text, and reorganize the numbering system of the division's rules.

small businesses:

There is no aggregate anticipated cost or savings to the small businesses because this rule replaces a repealed rule, R523-21, that was repealed in order to clarify guidance, correct typographical errors, remove unnecessary text, and reorganize the numbering system of the division's rules.

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

There is no aggregate anticipated cost or savings to the persons other than small businesses, businesses, or local government entities because this rule replaces a repealed rule, R523-21, that was repealed in order to clarify guidance, correct typographical errors, remove unnecessary text, and reorganize the numbering system of the division's rules.

Compliance costs for affected persons:

There is no compliance costs for affected persons because this rule replaces a repealed rule, R523-21, that was repealed in order to clarify guidance, correct typographical errors, remove unnecessary text, and reorganize the numbering system of the division's rules.

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

There is no fiscal impact on businesses because this rule replaces a repealed rule, R523-21, that was repealed in order to clarify guidance, correct typographical errors, remove unnecessary text, and reorganize the numbering system of the division's 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 [email protected]
• 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 [email protected]

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.

R523-10. Standards for Methadone Addiction Treatment Providers.

R523-10-1. Statutory Authority.

The Division of Substance Abuse and Mental Health under the authority granted to it by Section 62A-15-105, establishes the following standards for providers of methadone and other opioid treatment medication services.

 

R523-10-2. Regulatory Compliance for Methadone Providers.

(1) 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".

 

R523-10-3. 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: 2015

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