New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 10 - OPIOID TREATMENT PROGRAMS › Section 8.321.10.10 - APPLICATION FOR APPROVAL TO OPERATE AN OPIOID TREATMENT PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each OTP sponsor
				applicant shall submit to the HCA an application for approval to operate an
				opioid treatment program application using the form provided by the HCA. This
				application shall be in addition to the application to drug enforcement agency,
				SAMHSA/CSAT, the NM board of pharmacy, local government, etc.
B. The HCA shall approve or deny the
				application within 45 working days of submission, unless the HCA and applicant
				mutually agree to extend the application review period.
C. The HCA may require the applicant to
				provide additional written or verbal information in order to reach its decision
				to grant or deny approval. Such further information shall be considered an
				integral part of the application.
D. Approval shall be for a duration of three
				years, except as otherwise provided below for initial grandfathered
				approvals.
E. The HCA shall not
				grant approval to operate an OTP to any program sponsor who has been convicted
				of any crime related to controlled substances laws or any felony within the
				last five years. No person who has been convicted of any felony in the last
				five years shall be employed by the OTP in any capacity that gives that person
				access to controlled medications.
F. The HCA shall not grant approval to any
				entity that poses a risk to the health and safety of the public based on a
				history of noncompliance with state and federal regulations as verified by the
				DEA, New Mexico state board of pharmacy, FDA, SAMSHA approved accreditation
				bodies, or the state licensure agency in any state in which the program sponsor
				currently operates.
G. The HCA may
				deny approval if there is a documented history of repeated and serious negative
				neighborhood impact with respect to other OTP programs currently operated by
				the program sponsor or by any corporation, LLC or partnership with whom the
				program sponsor has been associated in the past five years.
H. As a condition of approval to operate an
				OTP, the OTP must maintain or obtain accreditation with a SAMHSA/CSAT-approved
				nationally recognized accreditation body, (e.g. CARF or JCAHO.) In the event
				that such accreditation lapses, or approval of an application for accreditation
				becomes doubtful, or continued accreditation is subject to any formal or
				informal finding of need for improvement, the OTP program will notify the HCA
				within two business days of such event. The OTP program will furnish the HCA
				with all information related to its accreditation status, or the status of its
				application for accreditation, upon request.
I. The application for approval shall be
				accompanied by a needs assessment, specifying the proposed geographical area to
				be served, estimated number of patients anticipated, and such other information
				as may assist the HCA in review of the application. The HCA shall take into
				consideration in making its decision the need for an OTP in a given geographic
				area and the impact on the community.
J. The HCA shall perform on-site inspection
				of the proposed OTP facility as part of the review and approval
				process.
K. In the event of change
				of ownership of an approved opioid treatment program, the HCA approval is not
				transferable; the new ownership must institute an application for approval as a
				new program, in accordance with these regulations.