440 IAC 10-4-2 - Diversion control
Authority: IC 12-23-1-6; IC 12-23-18
Affected: IC 12-23-18
Sec. 2.
(a) Each OTP
shall develop, implement, update, and submit to the division by February 28 of
each year a diversion control plan for the following purposes:
(1) To identify individuals who divert opioid
treatment medications from legitimate treatment use.
(2) To terminate the opioid treatment of
those individuals.
(b)
The diversion control plan shall meet the requirements of 42 CFR Part 8, including 42 CFR §
8.12(c)(2).
(c) The diversion control plan shall include
a consideration of at least the following provisions:
(1) Regular OTP attendance by the
patient.
(2) Counseling
requirements for the program.
(3)
Serious behavior problems of the patient.
(4) Stable home environment of the
patient.
(5) Safe storage capacity
of opioid treatment medications within the patient's home.
(6) Medically recognized testing protocols to
determine legitimate opioid treatment medication use.
(7) The responsibilities of the medical
director and the administrative staff for preparing and implementing the
plan.
(d) The diversion
control plan shall include the OTP's drug testing procedure for testing a
patient during the patient's treatment by the OTP.
(e) The division shall review and either
approve or disapprove the diversion control plan of each OTP by May 1 of each
year. If the division disapproves an OTP's diversion control plan, the OTP
shall submit a plan revision to the division not later than sixty (60) days
after the disapproval of the plan.
(f) If the OTP fails to submit an acceptable
plan within the required time frame, the division shall consider following the
procedures for penalties in section 41 of this rule.
Notes
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