Kentucky Administrative Regulations › Title 908 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR DEVELOPMENTAL HEALTH, DEVELOPMENTAL AND INTELLECTUAL DISABILITIES › Chapter 1 - Substance Abuse › Section 908 KAR 1:374 - Licensure of nonhospital-based outpatient alcohol and other drug treatment entities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				198B.260,
				218A.180,
				218A.202,
				222.231,
				222.462,
				21 C.F.R.
				1301.72,
				1301.74,
				1301.75,
				1301.91,
				1301.92, 42 C.F.R. Part 8,
				15 U.S.C.
				1471
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				222.231(2) requires the
				cabinet to promulgate administrative regulations to establish requirements and
				standards for treatment programs, including health and safety standards,
				patient care standards, and classification of alcohol and other drug use
				programs according to type, range of services, and level of care provided.
				KRS
				222.231(12) requires the
				cabinet to promulgate administrative regulations to establish standards of
				operation for narcotic treatment programs.
				KRS
				222.462 requires the cabinet to develop
				enhanced licensure and quality standards for substance use disorder treatment
				and recovery. This administrative regulation establishes standards for
				nonhospital-based alcohol and other drug treatment entities (AODE) that provide
				ambulatory withdrawal management, outpatient treatment services, intensive
				outpatient services, partial hospitalization, or office-based opiate treatment
				services. This administrative regulation further establishes standards for the
				operation of narcotic treatment programs in accordance with
				KRS
				222.231(12) and 42 C.F.R.
				Part 8.
Section 1. Definitions.
(1) "Approved controlled substance" means the
			 drugs methadone, buprenorphine, or other FDA-approved medication for opioid use
			 disorder (MOUD) used in the treatment of opioid addiction in a Narcotic
			 Treatment Program.
(2) "CHFS" or
			 "cabinet" means the Cabinet for Health and Family Services.
(3) "Central Registry" means a
			 cabinet-approved electronic system used to register patients at a licensed
			 narcotic treatment program (NTP) for the purpose of preventing simultaneous
			 enrollment in other NTPs, gathering program-compliance information, and
			 monitoring performance data.
(4)
			 "Correctional Facility" means a jail, prison, or other place of incarceration
			 by a government official.
(5)
			 "CSAT" means the Center for Substance Abuse Treatment.
(6) "DEA" means the Drug Enforcement
			 Administration.
(7) "Dose" means a
			 one (1) day quantity of an approved controlled substance administered on site
			 at a narcotic treatment program.
(8) "Drug screening" means the process by
			 which a program determines the presence or the absence of drugs in the body
			 fluids.
(9) "Main program" means
			 the location where all administrative and medical information related to a
			 narcotic treatment program is retained for the purpose of on-site reviews by
			 federal agencies or the state narcotic authority.
(10) "Medication station" means any dosing
			 location that is defined and authorized as a medication unit in
			 42 C.F.R.
			 8. Medication stations are not extension
			 sites as established in
			 908 KAR 1:370 Section
			 2(1)(c).
(11) "Mobile unit" means
			 means a narcotic treatment program (NTP) operating from a motor vehicle that:
(a) Serves as a mobile component for an
			 existing licensed NTP;
(b) Operates
			 under the registration of the NTP; and
(c) Engages in maintenance or detoxification
			 treatment with narcotic drugs in schedules II-V at a location or locations
			 remote from its registered and licensed location in Kentucky.
(12) "Program prescriber" means:
(a) A practitioner as defined in
			 KRS
			 218A.010(40); and
(b) Is authorized to prescribe Schedule II-V
			 controlled substances by state and federal requirements;
(13) "SNA" means the state narcotic authority
			 and is synonymous with state opioid treatment authority (SOTA). The Department
			 for Behavioral Health, Developmental and Intellectual Disabilities is the SNA,
			 or SOTA, for Kentucky.
(14)
			 "Take-home dose" means a quantity of an approved controlled substance, which
			 the patient is eligible to take off the premises of a narcotic treatment
			 program.
(15) "Treatment phase"
			 means a stage in the patient's progress through a narcotic treatment program's
			 sequential treatment system.
(16)
			 "Voluntary withdrawal management" means a medically supervised withdrawal from
			 the approved controlled substance requested by a patient of a narcotic
			 treatment program.