DAR File No. 40549

Health, Disease Control and Prevention, Health Promotion

Rule R384-205

Opiate Overdose Outreach Pilot Program

Notice of 120-Day (Emergency) Rule

DAR File No.: 40549
Filed: 06/27/2016 02:18:15 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to provide procedures for distribution of funds from the Opioid Overdose Outreach Pilot Program established by Title 26, Chapter 55.

Summary of the rule or change:

This rule establishes procedures and application processes pursuant to Title 26, Chapter 55, for the Utah Department of Health to provide funds to pay for the purchase of an opiate antagonist or to pay for the cost of providing training on the proper administration of an opiate antagonist in response to an opiate-related drug overdose event.

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

Justification: During the 2016 General Session, H.B. 192, Opiate Overdose Response Act � Pilot Program and Other Amendments, was passed and created the Opiate Overdose Outreach Pilot Program. The bill states that rulemaking, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, must be completed no later than 07/01/2016.

State statutory or constitutional authorization for this rule:

• Section 26-55-107

Anticipated cost or savings to:

the state budget:

This rule contains procedures for distribution of funds from the Opioid Overdose Outreach Pilot Program established by Title 26, Chapter 55. There may be savings in preventing individuals from requiring treatment in an emergency department or in hospitalization, but those costs are hard to measure. The pilot program will make approximately $150,000 in one time funding available through a grant application process to organizations implementing opioid overdose prevention strategies. The funds allocated for the pilot project grants is $150,000. There will be an increase in workload at the Department to administer this program, but these costs will be covered by existing funding.

local governments:

The only costs would be if some local governments choose to apply for the grants. The agency has no way of determining the salary of staff or time involved in applying and administering the program. Costs associated with completing the grant application will be incurred by the organizations applying. Costs incurred by the organizations for the administering of the program cannot be covered by the grant per Subsection 26-55-107(5)(b). There may be savings in preventing individuals from requiring treatment in an emergency department or in hospitalization, but those costs would be hard to measure.

small businesses:

Some small pharmacies could lose sales of naloxone kits due to the pilot program although the agency's experience has been that small pharmacies do not carry naloxone kits because they are too expensive. Some small non-profit business involved with those at high risk for misusing and abusing opioids will qualify and may choose to apply for the grants. The agency has no way of determining the salary of staff or time involved in applying and administering the program. Costs associated with completing the grant application will be incurred by the organizations applying. Costs incurred by the organizations for the administering the program cannot be covered by the grant per Section 26-55-107(5)(b).

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

This rule will not result in direct, measurable costs for other persons. There may be savings in preventing individuals from requiring treatment in an emergency department or in hospitalization costs, but those costs would be difficult to measure. Some pharmacies could lose sales of naloxone kits due to the pilot program, but that would be difficult to anticipate or measure.

Compliance costs for affected persons:

This rule provides procedures for distribution of funds from the Opioid Overdose Outreach Pilot Program established by Title 26, Chapter 55, which will not result in any compliance costs for affected persons.

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

This rule is adopted as an emergency rule in order to comply with H.B. 192 (2016), which required that the Department adopt a rule to establish procedures to distribute funds from the Opioid Overdose Outreach Pilot Program by July 1, 2016. There may be slight fiscal impact on the few small pharmacies that sell naloxone kits since program funds may be used for such kits.

Joseph K. Miner, MD, Executive Director

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

Health
Disease Control and Prevention, Health Promotion
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Trisha Keller at the above address, by phone at 801-538-6865, by FAX at 801-538-9134, or by Internet E-mail at trishakeller@utah.gov

This rule is effective on:

07/01/2016

Authorized by:

Joseph Miner, Executive Director

R384. Health, Disease Control and Prevention, Health Promotion.

R384-205. Opiate Overdose Outreach Pilot Program.

R384-205-1. Authority and Purpose.

This rule establishes procedures and application processes pursuant to Title 26 Chapter 55 Opiate Overdose Response Act for the Utah Department of Health. Funding will provide for the purchase of an opiate antagonist; and/or for the cost of training on the proper administration of an opiate antagonist, in response to an opiate-related drug overdose event.

 

R384-205-2. Definitions.

(1) The following definitions apply to this rule:

(a) "Department" means the Utah Department of Health Violence and Injury Prevention Program.

(b) "Harm Reduction" means services that are aimed at reducing negative consequences associated with drug use.

(c) "High risk populations" means tribal communities, rural communities, geographic areas and/or populations with significantly high rates of opioid abuse, misuse, or overdose.

(d) "Opiate antagonist" is as defined in Subsection 26-55-102(8).

 

R384-205-3. Application Process.

(1) The Department will establish an Opioid Overdose Outreach grant application process and packet on an annual basis, as funding is available. The packet will include the review schedule, submission details, review criteria and eligibility details. The application packet with all details will be posted at least one month prior to the application closing date on the Utah Department of Administrative Services Division of Purchasing and General Services website.

 

R384-205-4. Criteria for Application for the Opioid Overdose Outreach Pilot Program.

(1) Eligible applicants may include organizations as defined in Subsection 26-55-107(1) which includes organizations that provide harm reduction services, and an overdose outreach provider as defined in Subsection 26-55-102(10)(e),(f)and(g).

(2) Additional weight for awarding a grant will be given based on applicant's ability to demonstrate:

(a) how they will serve high risk populations and

(b) size of population served.

 

R384-205-5. Criteria for Funding Allocation.

(1) The Department shall select a grant allocation committee. The committee will include a health care provider, a pharmacist, two state public health professionals, and an emergency medical responder. The committee will review the applications and assign a score to each section of the application.

(2) Allocation of funding for each application will be based upon the criteria outlined in the proposal requirements section of the grant application.

(3) Applicant's funding request shall meet the criteria stated in Subsection 26-55-107(7)(b)(ii) as it relates to training costs.

(4) Funding will be allocated according to applicant scores.

 

R384-205-6. Report Requirements.

The grantee shall submit an annual report to the Department in accordance to Subsection 26-55-107(7)(d). The format shall be included in the grant application.

 

R384-205-7. Audit Provisions.

The grantee shall record, preserve, and make data available for audit by the Department. The retention schedule shall be according to that specified in the application packet when applying for funding.

 

KEY: opioids, naloxone, overdose, prescription drugs

Date of Enactment or Last Substantive Amendment: July 1, 2016

Authorizing, Implemented, or Interpreted Law: 26-55-107