West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-37 - Unsupervised Take-Home Medications

Current through Register Vol. XLI, No. 28, July 12, 2024
37.1. Each opioid treatment program shall
				have policies and procedures regarding unsupervised take-home medication
				schedules that consider the best interests of each patient, as well as the
				interests of the public at large. The policies and procedures shall be
				developed in accordance with federal and state laws, rules and regulations and
				pursuant to guidelines and protocols from approved authorities. The policies
				and procedures should assist patients with treatment and recovery and
				simultaneously prevent diversion, ensure safe storage and security of
				medication and prevent overdoses. Policies and procedures shall not create
				unnecessary barriers for patients continuing in treatment.
37.2. Approved guidelines and protocols
				include those adopted by the American Society of Addiction Medicine (ASAM), the
				Center for Substance Abuse Treatment (CSAT), the National Institute on Drug
				Abuse (NIDA), ), the American Association for the Treatment of Opioid
				Dependence (AATOD), and other authorities approved by the secretary. An opioid
				treatment program may submit a written request that the secretary approve
				another such program and shall provide all applicable documentation that
				supports such approval. The secretary has the sole discretion in determining
				whether to add another program to the list of approved authorities.
37.3. All opioid treatment program facilities
				that provide unsupervised approved use of medications shall be open seven days
				per week, except for eight holidays and two training days per year, when the
				clinics may be closed.
37.4. The
				interdisciplinary team shall make recommendations to the patient's program
				physician regarding take-home medications for each patient. The program
				physician shall make the final decision regarding approval of take-home
				medications in accordance with federal and state laws, rules and regulations
				and guidelines and protocols from approved authorities. The program physician
				shall document all approved changes in take-home privileges in the patient
				record and the individualized treatment plan of care.
37.5. In determining which patients may be
				permitted unsupervised use of medications, the physician shall consider the
				following criteria in determining whether a patient is responsible in handling
				opioid drugs for unsupervised use:
37.5.a.
				Cessation of illicit drug use;
37.5.b. Absence of recent abuse of drugs
				(opioid or non-narcotic), including alcohol;
37.5.c. Regularity of clinic
				attendance;
37.5.d. Absence of
				serious behavioral problems at the program;
37.5.e. Absence of known recent criminal
				activity, including drug dealing;
37.5.f. Stability of the patient's home
				environment and social relationships;
37.5.g. The length of time the patient has
				been in medication-assisted maintenance treatment;
37.5.h. Assurance that take-home medication
				can be safely stored within the patient's home;
37.5.i. Whether the rehabilitative benefit
				the patient derives from decreasing the frequency of clinic attendance
				outweighs the potential risks of diversion;
37.5.j. The ability of the patient to
				responsibly self-medicate;
37.5.k.
				Other special needs of the patient, such as split dosing, physical health
				needs, pain treatment, etc.;
37.5.l. Patient's work, school, or other
				daily-life activity schedule; and
37.5.m. Hardship experienced by the patient
				in traveling to and from the program.