reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Substance Abuse Treatment Program Requirements: All Licensees › Section 164.079 - Patients' and Residents' Rights

Current through Register 1525, July 5, 2024
(A) The
				  Licensed or Approved Provider shall safeguard the legal and civil rights of
				  each patient and resident at all times during treatment and throughout the
				  discharge process. Each Licensed or Approved Provider shall adopt and maintain
				  an updated set of rules, which set forth the responsibilities and the rights of
				  patients and residents regarding treatment and discharge.
(B) The Licensed or Approved Provider shall
				  guarantee the patient or resident, at a minimum, the following rights:
(1) freedom from physical and psychological
				  abuse;
(2) freedom from strip
				  searches and body cavity searches;
(3) control over his or her bodily
				  appearance; provided, however, on program premises, the Licensed or Approved
				  Provider may prohibit attire and personal decoration which interfere with
				  treatment;
(4) access to his or her
				  patient or resident record in the presence of the administrator or designee,
				  unless there is a determination that access to parts of the record could cause
				  harm to the patient or resident;
(5) the right to challenge information in his
				  or her patient or resident record by inserting a statement of clarification or
				  letter of correction signed by both the clinician and the patient or
				  resident;
(6) the right to obtain a
				  copy of the patient's or resident's records as specified in
				  105 CMR
				  164.083;
(7) the right to have the confidentiality of
				  his or her records secured as required by
				  105 CMR
				  164.084;
(8) the right to terminate treatment at any
				  time, except in the case of an individual committed to treatment under M.G.L.
				  c. 123, § 35;
(9) freedom from
				  coercion;
(10) treatment provided
				  on a nondiscriminatory basis;
(11)
				  treatment in a manner sensitive to individual needs and which promotes dignity
				  and self-respect;
(12) full
				  disclosure regarding fee charged and, in residential rehabilitation programs,
				  any patient or resident benefits to be contributed;
(13) the right to grieve actions or decisions
				  of the Licensed or Approved Provider regarding the patient's or resident's
				  treatment;
(14) freedom to practice
				  his or her religious faith;
(15)
				  the right to request referral to a facility which provides treatment in a
				  manner to which the patient or resident has no religious objection;
(16) drug screens conducted in a manner which
				  preserves the patient's or resident's dignity and, when the drug screen is by
				  urine sample, accommodates any medically confirmed inability to give urine by
				  providing for an alternate effective means of screening such as oral swab;
				  and
(17) the right to contact the
				  Department.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Substance Abuse Treatment Program Requirements: All Licensees › Section 164.080 - Grievances

Current through Register 1525, July 5, 2024
The Licensed or Approved Provider shall establish written
					 policy and procedures for the resolution of patients' or residents'
					 disagreement(s) or dispute(s) arising in relation to treatment or program
					 requirements. The policy and procedures shall specify:
(A) Patients' and residents' right to grieve
				  actions and/or decisions of the Licensed or Approved Provider regarding the
				  patient's or resident's treatment;
(B) Steps to be taken to resolve the matter;
				  and
(C) Provisions for a hearing on
				  the matter presided over by an impartial grievance officer who may be any staff
				  or other person(s) not directly involved in the facts of the incident giving
				  rise to the action grieved or in the decision to commence the action; provided
				  that the persons involved in either the facts of the incident or in the
				  decision to commence the proceedings shall not have authority over the hearing
				  officer(s). Grievance officers shall be selected based upon their expertise in
				  issues being grieved (
e.g.
, medical officer/medical grievance,
				  administrative officer/administrative grievance). All hearings may be conducted
				  by telephone or using an audio-visual, real-time, two-way interactive
				  communication system.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Substance Abuse Treatment Program Requirements: All Licensees › Section 164.081 - Patient and Resident Policy Manual

Current through Register 1525, July 5, 2024
(A) Each
				  Licensed or Approved Provider shall adopt and maintain a current policy manual
				  for patients and residents containing clear and concise statements regarding:
(1) Program description, including:
(a) goals and objectives,
(b) type of services provided, including
				  aftercare and follow-up;
(c)
				  qualifications for service delivery staff;
(d) restrictive criteria for receipt of
				  specific services, if any;
(e)
				  scheduling restrictions; and
(f)
				  overall hours of program operation.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Substance Abuse Treatment Program Requirements: All Licensees › Section 164.082 - Special Populations

Current through Register 1525, July 5, 2024
Licensed and Approved Providers providing services to
					 special populations listed in 105 CMR 164.082(A) through (E) shall make
					 additional provisions as specified:
(A)
Pregnant Women
.
				  Licensed and Approved Providers serving pregnant women shall:
(1) establish in writing clinically
				  appropriate medical protocols for pregnant women;
(2) designate a hospital for emergency
				  obstetrical and medical back-up; however, patients or residents may elect to
				  choose their own medical providers;
(3) coordinate care with obstetrical or other
				  maternity care providers as appropriate;
(4) provide for appropriate parent or legal
				  guardian-child services directly or through a QSOA; and
(5) be available to serve women in all three
				  trimesters of pregnancy.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Substance Abuse Treatment Program Requirements: All Licensees › Section 164.083 - Patient and Resident Records

Current through Register 1525, July 5, 2024
(A) The
				  Licensed or Approved Provider shall maintain separate records for each patient
				  and resident in a secure and confidential manner consistent with state and
				  federal law, including 42 CFR Part 2. Records shall be legible and up to date
				  no later than five business days from the date of last patient or resident
				  contact.
(B) The written individual
				  patient or resident record shall include, but not be limited to, the following
				  information:
(1) name, unique patient or
				  resident identifier, date of birth, sex, race/ethnicity, relationship status,
				  and primary language, if other than English;
(2) name and contact information of the
				  referring agency, court or person;
(3) presenting problem(s);
(4) all necessary authorizations, consents,
				  and updates;
(5) patient or
				  resident assessment as required by
				  105 CMR
				  164.072;
(6) insurance coverage information;
(7) individual treatment plan and service
				  plan reviews;
(8) signed patient or
				  resident confirmation of receipt of program policy manual, information
				  regarding maintenance of client confidentiality, and contact information for
				  the Department's Bureau of Substance Addiction Services complaint
				  line;
(9) signed and dated progress
				  notes entered by patient's or resident's counselor after every patient and
				  resident contact or attempted contact;
(10) documentation of STD, TB, Viral
				  Hepatitis, HIV/AIDS risk assessment;
(11) documentation of STD, TB, Viral
				  Hepatitis, HIV/AIDS education;
(12)
				  record of any threat made by patient or resident to harm self or another, and
				  the action taken by Licensed or Approved Provider in response to
				  threat(s);
(13) record of
				  multidisciplinary team reviews concerning patient or resident, including plan
				  for coordination with other substance use disorder treatment, mental health,
				  and physical health care services;
(14) discharge summary;
(15) aftercare service plan;
(16) record of attempts at post-discharge
				  follow-up by letter, phone call, home visit or through contacts with aftercare
				  providers;
(17) records of any
				  warnings, disciplinary actions, grievances or complaints, and actions taken by
				  Licensed or Approved Provider;
(18)
				  patient and resident fee information, including method by which fee was
				  determined, and documentation of all fees paid by patient or resident;
				  and
(19) record of care
				  coordination, including relevant releases of information.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Substance Abuse Treatment Program Requirements: All Licensees › Section 164.084 - Confidentiality

Current through Register 1525, July 5, 2024
Patient- and resident-specific information shall be
					 privileged and confidential and shall be made available only in conformity with
					 all applicable state and federal laws and regulations regarding the
					 confidentiality of patient and resident records including, but not limited to,
					 42 CFR Part 2, and 45 CFR Parts 160 and 164 (HIPAA Privacy and Security Rules)
					 if applicable.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Substance Abuse Treatment Program Requirements: All Licensees › Section 164.085 - Transfer and Storage of Service Records

Current through Register 1525, July 5, 2024
(A)
				  The Licensed or Approved Provider shall maintain patient and resident records
				  in a secure place for a minimum of seven years from the date of patient's or
				  resident's termination of services unless required by law to do so for a longer
				  period. Bureau-approved programs licensed under M.G.L. c. 111, § 51 as a
				  hospital or clinic shall maintain patient and resident medical records for 20
				  years, as required by M.G.L. c. 111, § 70. The Licensed or Approved
				  Provider shall ensure that clinical records accompany patients or residents
				  upon transfer. Transfer of records shall be made in accordance with federal and
				  state confidentiality law and regulations. A signed consent from each patient
				  and resident must be obtained prior to the transfer of such records.
(B) When closing a program, service or
				  facility, the Licensed or Approved Provider shall ensure that all records not
				  transferred to a new facility with the patient or resident be securely stored
				  for the remainder of the seven-year period mandated for each record. For all
				  current patients and residents of the Licensed or Approved Provider at the time
				  of closure, the Licensed or Approved Provider shall also make every effort to
				  provide a copy of the record to the patient or resident at the time of closure,
				  if the record is not transferred with the patient or resident to a new
				  treatment program. Public notice shall be given regarding the date of service
				  termination and the site at which such records shall be securely stored. The
				  Licensed or Approved Provider shall prepay the full cost of such storage and
				  shall contract to ensure that the records are appropriately maintained for the
				  entire period and that the records are destroyed at the end of the period in a
				  manner that protects their confidential nature.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Substance Abuse Treatment Program Requirements: All Licensees › Section 164.086 - Interruption or Suspension of Service

Current through Register 1525, July 5, 2024
(A)
				  If the Department determines there is a need to interrupt or suspend a service
				  or program because the health, safety, or well-being of patients or residents
				  is in imminent danger as a result of conditions existing within the service,
				  program, or facility, the Licensed or Approved Provider shall:
(1) notify patients and residents of the
				  interruption or suspension;
(2)
				  provide for continuity of care for patients and residents during the period of
				  interruption or suspension; and
(3)
				  provide for the secure storage or safe transfer of patient or resident records,
				  with patient or resident authorization.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Substance Abuse Treatment Program Requirements: All Licensees › Section 164.087 - Closure

Current through Register 1525, July 5, 2024
(A) Except as provided by 105 CMR 164.087(D),
				  the Licensed or Approved Provider shall notify the Department, each patient and
				  resident, each staff member of the program, and each labor organization that
				  represents the facility's workforce at the time of notice, orally and in
				  writing of the impending termination at least 90 calendar days prior to the
				  termination of service or program that the service or program will close, and
				  document the notification in each patient's or resident's record. Notification
				  shall specify the date of closure.
(B) The Licensed or Approved Provider shall
				  develop a written referral plan in collaboration with each patient and resident
				  that includes a plan for continuing the patient's or resident's substance use
				  disorder treatment, including directly connecting patients and residents to an
				  appropriate provider for continued treatment. If insufficient time remains to
				  ensure an appropriate referral plan with respect to an involuntary closure, the
				  Licensed or Approved Provider shall cooperate with the Department and the
				  patient or resident to ensure an appropriate referral, if required.
(C) The Commissioner may waive the 90-day
				  time frame for initial notification of closure in circumstances where the
				  Commissioner has determined such a waiver is necessary to protect the health,
				  safety, and well-being of the patients and residents served by the
				  program.
(D) The Department may
				  grant permission for the temporary closure of the service or program provided
				  that:
(1) the Licensed or Approved Provider
				  has submitted a plan for continued substance use disorder treatment for all
				  patients and residents during the temporary closure; and
(2) the Licensed or Approved Provider may
				  only close after approval from the Department.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.099 - Special Projects

Current through Register 1525, July 5, 2024
(A) The Department
				will consider proposals for Special Projects for the innovative delivery of
				substance use disorder services. No such proposal shall be implemented without
				prior written approval of the Department. Special projects may be time limited
				and may be subject to conditions by the Department.
(B) Special projects shall include an
				organized system of substance use disorder treatment services delivered in a
				model that meets the immediate need(s) for a special population that is
				determined to be underserved by existing licensed substance use disorder
				treatment models.
(C) Services
				provided by special projects shall not pose a threat to patient health and
				safety, and shall be delivered in an evidence-based, trauma-informed manner
				while demonstrating positive outcomes for patients.
(D) Any proposal for a special project
				approval from the Department must meet the definition of Substance Use Disorder
				Treatment and Substance Use Disorder Treatment Program under
				105 CMR
				164.005.
(E) An application for a special project
				approval must be submitted in a manner prescribed by the Department. The
				application shall:
(1) Demonstrate the need
				for the service;
(2) Describe the
				innovative delivery of the service and how it will satisfy the current
				need;
(3) Meet all applicable
				requirements in
				105 CMR 164.000 Part
				One;
(4) Include one or more
				treatment service components within
				105 CMR 164.000 Part
				Two;
(5) Demonstrate that the
				innovative service delivery model is evidence-based and consistent with medical
				efficacy; and
(6) Comply with all
				applicable state and federal requirements.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.101 - Scope

Current through Register 1525, July 5, 2024
24-hour Diversionary Services medically manage withdrawal
				  symptoms of patients on a 24-hour diversionary service basis, and include
				  24-hour diversionary service forms of Acute Treatment Services (ATS) and
				  Clinical Stabilization Services (CSS). Acute Treatment Services encourage the
				  patient's continued participation in treatment after discharge, and conclude by
				  directly connecting the patient to appropriate recovery and rehabilitation
				  services. In addition to all provisions of
				  105 CMR 164.000:
Part One
, the provisions of 105 CMR 164.103 through 105 CMR
				  164.110 apply to all Licensed or Approved Providers providing 24-hour
				  Diversionary Services. A Licensed or Approved Provider that meets the
				  requirements for a determined service type under
				  105 CMR 164.100
				  through 105 CMR 164.153 may also deliver services to lower acuity patients,
				  provided that the Licensed or Approved Provider meets all applicable staffing
				  and service requirements for each additional service type.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.103 - Physical Plant

Current through Register 1525, July 5, 2024
(A)
Building Design
. Each program shall provide adequate
				space to accommodate the number of patients served, including sufficient and
				separate space for the following, which may not be used as bedrooms for
				patients or staff:
(1) Individual and group
				counseling sessions;
(2) A living
				room or common area;
(3) A visiting
				area;
(4) A kitchen area and a
				dining area; and
(5) Recreation
				and/or exercise area.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.104 - Meals and Food Handling

Current through Register 1525, July 5, 2024
(A)
Inspections
. The Licensed or Approved Provider shall
				ensure that food storage and preparation areas meet the standards defined in
				105 CMR 590.000:
Minimum Standards for Food Establishments
, and that the food
				service is inspected and receives a food service permit by the local board of
				health, where applicable.
(B)
Purchased Food Services
. A Licensed or Approved
				Provider shall purchase only from a licensed food service establishment. A
				Licensed or Approved Provider that purchases from a food service shall obtain
				from the food service provider documentation of all required inspections,
				licenses, and conformance with sanitary standards. Such documentation shall
				include copies of a current license and the most recent inspection
				report.
(C)
Meals
. The Licensed or Approved Provider shall provide
				a nourishing well-balanced diet to all patients, and shall provide the
				following:
(1) Dining areas that are clean,
				well-lit, ventilated and appropriately furnished;
(2) A dining room large enough so all
				patients may eat at an appropriate hour, but not necessarily
				simultaneously;
(3) Three meals
				each day;
(4) Food and beverages
				for snacks;
(5) Menus for each week
				planned prior to the start of the week, dated and maintained for three months;
				and
(6) Means to provide for
				patients with special dietary needs, including food allergies.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.106 - Patient Personal Effects and Affairs

Current through Register 1525, July 5, 2024
(A)
Written Policy and Procedure
. The Licensed or Approved
				Provider shall establish a written policy and procedure governing care of
				patient personal belongings and support of patient personal affairs.
(B)
Safekeeping
. The
				Licensed or Approved Provider may allow patients to bring monies and valuables
				into the program, if the licensee provides for the secure, locked storage of
				the personal property.
(C)
Right to Confiscate
. All patients shall be notified
				that by accepting admission they authorize the Licensed or Approved Provider
				to:
(1) confiscate and dispose of any alcohol
				or drugs (other than those properly provided by prescription) or paraphernalia
				for the use of illegal drugs found in the possession of the patient;
(2) confiscate any weapons or other articles
				found in the possession of the patient, which may constitute a threat to the
				life, health, safety, or well-being of the patient, the staff or public, and to
				turn over any guns to the police.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.107 - Required Agreements

Current through Register 1525, July 5, 2024
Licensed and Approved Providers providing medically monitored
				  or medically managed withdrawal services shall have QSOAs for the provision of
				  the following services as needed:
(A)
				Psychiatric consultative, diagnostic and evaluative services;
(B) Acute 24-hour diversionary service
				medical or psychiatric hospitalization;
(C) Emergency medical and psychiatric
				services; and
(D) Any specialized
				services a program provides through special arrangement, purchase or
				contract.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.108 - Death of a Patient

Current through Register 1525, July 5, 2024
The Licensed or Approved Provider shall develop procedures to
				  be followed in the event of the death of a patient. These procedures shall
				  conform with laws governing the report of death to local authorities and the
				  requirements of
				  105 CMR
				  164.035(F), and shall
				  include the following:
(A) Local
				emergency services (911) shall be notified immediately.
(B) The Licensed or Approved Provider shall
				comply with all laws concerning declaration of death and moving the
				deceased.
(C) The Licensed or
				Approved Provider shall make reasonable efforts to notify the deceased's
				emergency contact. A written record of these efforts shall be included in the
				patient's record.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.110 - Hours of Operation

Current through Register 1525, July 5, 2024
The Licensed or Approved Provider shall provide admission and
				  services 24 hours per day, seven days per week.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.112 - Scope

Current through Register 1525, July 5, 2024
Provisions of
				  105 CMR
				  164.113 through
				  164.115 apply
				  to acupuncture substance abuse detoxification services. The licensee shall also
				  comply with all provisions of
				  105 CMR 164.000:
Part One
.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.113 - Provision of Services

Current through Register 1525, July 5, 2024
(A)
Admission
: Prior to admission, the licensee shall
				determine that acupuncture services are appropriate based on:
(1) existence of a substance use disorder or
				a mental or behavioral disorder attributable to psychoactive substance use;
				and
(2) absence of current or
				potential withdrawal symptoms which constitute a risk to the patient's health
				and well-being and which require medical attention or medical
				monitoring.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.114 - Staffing Pattern

Current through Register 1525, July 5, 2024
The licensee shall establish a staffing pattern in sufficient
				  numbers and positions necessary for the level of care provided. Staffing
				  pattern shall include the following positions:
(A) An acupuncturist on site during the hours
				of operation.
(B) Consultation to
				staff available from a fully qualified clinician, and a physician,
				psychiatrist, nurse practitioner, physician assistant, registered nurse or
				licensed practical nurse either on-site or through an affiliation agreement. If
				services are to be available through a Qualified Service Organization (QSO)
				Agreement, the QSO agreement shall be reaffirmed every two years.
(C)
Supervision
: In
				addition to supervision requirements set forth in
				105 CMR
				164.044 Training and Supervision, the
				licensees shall ensure that supervision of nursing staff is overseen by a
				registered nurse.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.115 - Hours of Operation

Current through Register 1525, July 5, 2024
The licensee shall provide service a minimum of six days per
				  week, 52 weeks per year. Daytime hours shall include morning services and
				  ensure maximum accessibility to clients without an appointment. Hours shall
				  include at least seven hours per week that shall be at time other than the
				  regular 9:00 A.M. to 5:00 P.M., Monday through Friday
				  schedule.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.122 - Scope

Current through Register 1525, July 5, 2024
Provisions of
				  105 CMR
				  164.123 through
				  164.125 apply
				  to outpatient substance abuse detoxification treatment services. The licensee
				  shall also comply with all provisions of
				  105 CMR 164.000:
Part One
.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.123 - Provision of Service

Current through Register 1525, July 5, 2024
(A)
Admission
: Prior to admitting a client into outpatient
				detoxification treatment, the licensee shall obtain and shall make a part of
				the client record a medical evaluation by a licensed physician, psychiatrist,
				registered nurse, nurse practitioner, physician assistant or licensed practical
				nurse, which confirms that the client requires outpatient detoxification
				services based on:
(1) an assessment of the
				current and potential withdrawal symptoms of the client;
(2) the client's need for a structured
				program with frequent contact in order to engage in treatment; and,
(3) an assessment as to whether the community
				in which the client resides poses a threat to the client's
				abstinence.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.124 - Staffing Pattern

Current through Register 1525, July 5, 2024
(A) The licensee
				shall designate a physician as Medical Director who shall be responsible for
				administering all medical services performed by the program. The Medical
				Director shall have, at a minimum, six months' clinical experience with alcohol
				and other drug-dependent persons or 40 hours of documented continuing education
				credit in treating addicted persons within the first 12 months of employment.
				The Medical Director shall be responsible for:
(1) Ensuring that each patient receives a
				complete physical examination including a medical history;
(2) Ensuring that appropriate laboratory
				studies have been performed; and,
(3) Signing all medical orders.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.125 - Hours of Operation

Current through Register 1525, July 5, 2024
The program shall be open to provide admission to outpatient
				  services as well as to provide treatment seven days per week and four hours per
				  day, at a minimum.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.132 - Scope

Current through Register 1525, July 5, 2024
Provisions of
				  105 CMR
				  164.133 through
				  105 CMR 164.134
				  apply to 24-hour diversionary withdrawal management services (ASAM Level 3.7
				  and 4.0). The Licensed or Approved Provider shall also comply with all
				  provisions of
				  105 CMR 164.000:
Part One
, 105 CMR 164.103 through 105 CMR 164.110, and, for
				  any Licensed or Approved Provider who is also a federally-certified Opioid
				  Treatment Provider, the provisions of
				  105 CMR 164.300
				  through
				  105 CMR
				  164.317. Licensed or Approved Providers
				  approved to provide these services may also provide a less intensive service,
				  provided that the Provider has the required programming and required
				  staff.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.133 - Provision of Services

Current through Register 1525, July 5, 2024
(A)
Admission
.
(1) The
				Licensed or Approved Provider shall determine the appropriate type of 24-hour
				diversionary service based upon the following:
(a) Intensive 24-hour Diversionary Withdrawal
				Management Services (ASAM Level 4): Intensive 24-hour diversionary withdrawal
				management services are provided to patients who require this service type
				because:
1. current and potential withdrawal
				symptoms are severe, constitute a risk to the patient's health and well-being
				and require frequent medical attention; and
2. the patient's incapacity results from a
				substance use disorder or a mental or behavioral disorder due to psychoactive
				substance use.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.134 - Staffing Pattern

Current through Register 1525, July 5, 2024
(A) The Licensed or
				Approved Provider shall designate a Medical Director who shall be responsible
				for administering all medical services performed by the program. The Medical
				Director shall have documented clinical experience with opioid-dependent,
				alcohol, and other drug-dependent persons or 40 hours of documented continuing
				education credit in addiction medicine and medications for treatment of
				addiction, including all FDA-approved medications for treatment of opioid use
				disorder. The Medical Director shall be responsible for:
(1) Ensuring that each patient receives a
				medical evaluation, including a medical history;
(2) Ensuring that appropriate laboratory
				studies have been performed; and
(3) Establishing an individualized signs of
				life check protocol for each patient to be documented in the medical
				record.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.135 - Hours of Operation

Current through Register 1525, July 5, 2024
The licensee shall provide admission and detoxification
				  services 24 hours a day, seven days per week.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.136 - Licensure

Current through Register 1525, July 5, 2024
A licensee providing medically managed inpatient
				  detoxification services shall be licensed according to the standards described
				  in
				  105 CMR
				  164.012(D).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.137 - Physical Plant

Current through Register 1525, July 5, 2024
(A)
Building Design
: Each program shall provide adequate
				space to accommodate the number of patients served, including sufficient and
				separate space for the following, which may not be used as bedrooms for
				patients or staff:
(1) Individual and group
				counseling sessions;
(2) A living
				room or common area;
(3) A visiting
				area;
(4) A kitchen area and a
				dining area;
(5) Recreation and/or
				exercise area.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.138 - Meals and Food Handling

Current through Register 1525, July 5, 2024
(A)
Inspections
: The licensees shall ensure that food
				storage and preparation areas meet the standards defined in
				105 CMR 590.000:
Minimum Standards for Food Establishments
, and that the food
				service is inspected and receives a food service permit by the local board of
				health, where applicable.
(B)
Purchased Food Services
: A licensee shall purchase
				only from a licensed food service establishment. A licensee that purchases from
				a food service shall obtain from the food service provider documentation of all
				required inspections, licenses, and conformance with sanitary standards. Such
				documentation shall include copies of a current license and the most recent
				inspection report.
(C)
Meals
: The licensee shall provide a nourishing
				well-balanced diet to all patients, and shall provide the following:
(1) Dining areas that are clean, well
				lighted, ventilated and appropriately furnished.
(2) A dining room large enough so that all
				patients may eat at an appropriate hour, but not necessarily
				simultaneously.
(3) Three meals
				each day.
(4) Food and beverages
				for snacks.
(5) Menus for each week
				planned prior to the start of the week, dated and maintained for three
				months.
(6) Means to provide for
				patients with special dietary needs, including food allergies.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.140 - Patient Personal Effects and Affairs

Current through Register 1525, July 5, 2024
(A)
Written Policy and Procedure
: The licensee shall
				establish a written policy and procedure governing care of patient personal
				belongings and support of patient personal affairs.
(B)
Safekeeping
: The
				licensee may allow patients to bring monies and valuables into the program, if
				the licensee provides for the secure, locked storage of the personal
				property.
(C)
Right to
				Confiscate
: All patients shall be notified that by accepting
				admission they authorize the licensee to:
(1)
				confiscate and dispose of any alcohol or drugs (other than those properly
				provided by prescription) or paraphernalia for the use of illegal drugs found
				in the possession of the patient;
(2) confiscate any weapons or other articles
				found in the possession of the patient, which may constitute a threat to the
				life, health or safety of the patient, the staff or public, and to turn over
				any guns to the police.
The licensee shall establish a record of any items
				  confiscated or turned over to the police.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.141 - Back-up and Transfer Agreements

Current through Register 1525, July 5, 2024
Licensees providing medically monitored or clinically managed
				  detoxification services shall have Qualified Service Organization Agreements
				  for the provision of the following services as needed:
(A) Psychiatric consultative, diagnostic and
				evaluative services;
(B) Acute
				inpatient medical or psychiatric hospitalization;
(C) Emergency medical and psychiatric
				services;
(D) Any specialized
				services that a program provides through special arrangement, purchase or
				contract.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.142 - Death of a Patient

Current through Register 1525, July 5, 2024
The licensee shall develop procedures to be followed in the
				  event of the death of a patient. These procedures shall conform with laws
				  governing the report of death to local authorities, and shall include the
				  following:
(A) Local emergency services
				(911) shall be notified immediately.
(B) The licensee shall comply with all laws
				concerning declaration of death and moving the deceased.
(C) The licensee shall make reasonable
				efforts to notify the deceased's emergency contact. A written record of these
				efforts shall be included in the patient's record.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.151 - Scope

Current through Register 1525, July 5, 2024
Clinical Stabilization Services (ASAM Level 3.5) are provided
				  in a nonmedical setting and include 24 hour per day supervision, observation
				  and support. Provisions of 105 CMR 164.152 through 105 CMR 164.153 apply to
				  Clinical Stabilization Services. The Licensed or Approved Provider shall also
				  comply with all provisions of 105 CMR 164.00:
Part One
, 105
				  CMR 164.103 through 105 CMR 164.110 and, for any Licensed or Approved Provider
				  who is also a federally-certified Opioid Treatment Provider, the provisions of
				  105 CMR 164.300
				  through
				  105 CMR
				  164.317.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.152 - Provision of Services

Current through Register 1525, July 5, 2024
(A) At the time of
				admission, the Licensed or Approved Provider shall determine that the patient
				requires this service type because:
(1) the
				patient's current and potential withdrawal symptoms are not severe;
				and
(2) the patient's incapacity
				results from a substance use disorder or dual diagnosis.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.153 - Staffing Pattern

Current through Register 1525, July 5, 2024
(A) The Licensed or
				Approved Provider shall designate a physician as Medical Director who shall be
				responsible for administering all medical services performed by the program.
				The Medical Director shall have documented clinical experience or 40 hours of
				documented continuing education credit in addiction medicine and medications
				for treatment of addiction, including all FDA-approved medications for
				treatment of opioid use disorder. The Medical Director or designee shall be
				responsible for:
(1) Ensuring each patient
				receives a medical evaluation, including a medical history;
(2) Ensuring appropriate laboratory studies
				have been performed; and
(3)
				Establishing an individualized signs of life check protocol for each patient to
				be documented in the medical record.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.200 - Outpatient Services

Current through Register 1525, July 5, 2024
Outpatient Services encompass provision of services to
				  patients who can participate in organized ambulatory services including
				  withdrawal symptom management, intensive day treatment services, counseling,
				  educational services for driving under the influence first offenders, and
				  office-based opioid treatment. Programs may provide services through
				  telemedicine as appropriate and based on federal guidance.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.201 - Scope

Current through Register 1525, July 5, 2024
Provisions of 105 CMR 164.202 through 164.205 apply to
				  outpatient substance use disorder treatment services provided by Program. The
				  Licensed or Approved Provider shall also comply with all provisions of
				  105 CMR 164.000:
Part One
. A Licensed or Approved Provider that meets the
				  requirements for a determined service type under
				  105 CMR
				  164.200 through 105 CMR 164.280 may also
				  deliver other outpatient service types, provided that the Licensed or Approved
				  Provider meets all applicable staffing and service requirements for each
				  additional service type.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.202 - Provision of Services

Current through Register 1525, July 5, 2024
(A)
Admission
. At the time of admission, the Licensed or
				Approved Provider shall determine whether outpatient counseling services are
				appropriate based on:
(1) the existence of a
				substance use disorder or a mental or behavioral disorder due to psychoactive
				substance use;
(2) ability to
				engage and remain in treatment; and
(3) availability of community support for
				recovery.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.205 - Hours of Operation

Current through Register 1525, July 5, 2024
The program shall be open to provide services 40 hours per
				  week. At least seven hours shall be at a time other than between 9:00 A.M. to
				  5:00 P.M. Monday through Friday. Satellite office shall be open to patients at
				  least 20 hours a week and offer more than 40 staff hours a week of substance
				  use disorder treatment services to patients.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.206 - Outpatient Withdrawal Treatment Services

Current through Register 1525, July 5, 2024
Provisions of 105 CMR 164.206 through 105 CMR 164.209 apply
				  to outpatient substance use disorder withdrawal management treatment services.
				  The Licensed or Approved Provider shall also comply with all provisions of
				  105 CMR 164.000:
Part One
,
				  105 CMR 164.201 through 105
				  CMR 164.205, and, for any Licensed or Approved Provider who is also a
				  federally-certified Opioid Treatment Provider, the provisions of
				  105 CMR 164.300
				  through
				  105 CMR
				  164.317.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.207 - Provision of Service

Current through Register 1525, July 5, 2024
(A)
Admission
. Pursuant to
				105 CMR
				164.072(B), the Licensed or
				Approved Provider may initiate patient treatment prior to completion of the
				assessment required by
				105 CMR 164.072 upon
				obtaining sufficient information to initiate treatment for the acute problem at
				the time of presentation and that the assessment is subsequently completed in a
				reasonable timeframe, provided that a Qualified Healthcare Professional must
				see such a patient prior to initiating an FDA-approved medication for treatment
				of addiction.
(B) In addition to
				the assessment required by
				105 CMR 164.072, the
				Licensed or Approved Provider shall make as part of the patient record a
				medical evaluation by a Practitioner, psychiatrist, registered nurse, or
				licensed practical nurse, which confirms that the patient requires outpatient
				withdrawal management services based on:
(1)
				an assessment of the current and potential withdrawal symptoms of the
				patient;
(2) the patient's need for
				a structured program with frequent contact in order to engage in treatment;
				and
(3) an assessment as to whether
				the community in which the patient resides poses a threat to the patient's
				abstinence.