New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 800 - Chemical Dependence Services-general Provisions › Section 800.6 - Access to Medication Assisted Treatment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All programs certified pursuant to this
				Chapter shall facilitate expeditious access to medication assisted treatment,
				based on the clinical need and preference of the patient, through direct
				provision of the medication, contracting with private prescribing professionals
				or linkage agreements with other Office certified programs. Such agreements
				must ensure access sufficient to meet patient needs without undue barriers such
				as long waiting periods for appointments or waiting lists.
(b) All doctors, physician assistants and
				nurse practitioners employed in a treatment program certified pursuant to this
				Chapter must have a federal DATA 2000 waiver to prescribe
				buprenorphine.
(c) All programs
				must allow for provision of medication assisted treatment and may not deny
				admission based on use of medication. Programs must continue access to opioid
				full and partial agonist treatment and plan for the continuity of medication
				administration.
(d) All programs
				must maintain an emergency medical kit at each certified or funded location;
				such kit must include basic first aid and naloxone emergency overdose
				prevention kit(s) in a quantity sufficient to meet the needs of the program and
				that are available for use during all program hours of operation.
(e) Each program that dispenses medications
				must develop and implement a diversion control plan (DCP) as part of its
				quality improvement plan, such DCP must include specific measures to reduce the
				possibility for diversion of controlled substances from legitimate treatment
				use and shall assign specific responsibility to the medical and administrative
				staff of the program for carrying out the diversion control measures and
				functions described in the DCP.
(f)
				Programs shall provide access to Medication for Addiction Treatment (MAT) for
				Substance Use Disorder in accordance with this Part, the Part under which the
				program is certified or otherwise authorized, and guidance issued by the
				Office.
(1) All programs shall maintain a
				patient with substance use disorder on approved medication, including those
				federal Food and Drug Administration (FDA) approved medications to treat
				substance use disorder, if deemed clinically appropriate and in collaboration
				with the patient's existing provider, and with the patient's consent, in
				accordance with federal and state rules and guidance issued by the Office. The
				program shall document such contact with the existing program or practitioner
				prescribing such medications.
(2)
				To facilitate access to full opioid agonist medication for patients who are
				maintained on such medication at the time of admission or who choose to start
				such medication during admission, all programs shall develop a formal agreement
				with at least one Opioid Treatment Program (OTP) certified by the Office to
				facilitate patient access to full opioid agonist medication, if clinically
				appropriate. Such agreements shall address the program and the OTPs
				responsibilities to facilitate patient access to such medication in accordance
				with guidance issued by the Office.
(3) All programs shall provide FDA approved
				medications to treat substance use disorders to an existing patient or
				prospective patient seeking admission to an Office certified program in
				accordance with all federal and state rules and guidance issued by the
				Office.
(4) All programs shall
				provide education to an existing patient or prospective patient with substance
				use disorder about FDA approved medications for the treatment of substance use
				disorder if the patient is not already taking such medications, including the
				benefits and risks. The program shall document such discussion and the outcome
				of such discussion, including a patient's preference for or refusal of
				medication, in the patient's record.
(5) All programs shall ensure that the patient's discharge plan
				includes an appointment with a treatment provider or program that can continue
				the medication post-discharge.