Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
216B.015(13), Chapter 311,
21 U.S.C. Section
823(g)(2)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
216B.042 requires the Cabinet for Health and
Family Services to promulgate administrative regulations necessary for the
proper administration of the licensure function, which includes establishing
licensure standards and procedures to ensure safe, adequate, and efficient
health facilities and health services.
KRS
222.211(1)(c) requires the
cabinet to be responsible for assuring that withdrawal management services are
provided on a twenty-four (24) hour basis in or near population centers that
meet the immediate medical and physical needs of persons intoxicated from the
use of alcohol or drugs, or both, including necessary diagnostic and referral
services. This administrative regulation establishes standards for medically
managed intensive inpatient withdrawal management provided by a chemical
dependency treatment program or hospital.
Section
1. Definitions.
(1) "Chemical
dependency treatment program" means a freestanding or hospital-based facility
licensed in accordance with
902
KAR 20:160.
(2) "Hospital" means a:
(a) General acute care hospital licensed in
accordance with
902 KAR
20:009 and
902 KAR
20:016; or
(b) Psychiatric hospital licensed in
accordance with
902 KAR
20:170 and
902 KAR
20:180.
Section 2. Services.
(1) Medically managed intensive inpatient
services shall:
(a) Be delivered twenty-four
(24) hours a day in a permanent facility that is a:
1. Chemical dependency treatment program;
or
2. Hospital;
(b) Offer medically directed
withdrawal management and treatment designed to alleviate acute emotional,
behavioral, cognitive, or biomedical distress resulting from, or co-occurring
with a patient's use of alcohol or other drugs;
(c) Be provided by a team of
interdisciplinary staff under the direction of a licensed physician;
(d) Be provided in accordance with:
1. Physician-approved policies and
physician-monitored procedures; or
2. Clinical protocols; and
(e) Include:
1. Availability of specialized clinical
consultation, medical evaluation, and supervision for bi-omedical, emotional,
behavioral, and cognitive problems;
2. Ability to arrange for appropriate
laboratory and toxicology tests, including human immunodeficiency virus (HIV),
hepatitis, and other tests for communicable diseases;
3. Affiliation with other levels of care;
and
4. Availability of emergency
life support and treatment, either directly or through transfer of the patient
to another:
a. Service within the facility; or
b. Health facility equipped to
provide emergency care.
(2) Services shall be provided only to
patients who meet the:
(a) Diagnostic criteria
for substance intoxication or withdrawal disorder as established by the most
recent version of the Diagnostic and Statistical Manual of Mental Disorders
(DSM) for alcohol, tobacco, and other drug use; and
(b) Dimensional criteria for medically
managed intensive inpatient services as established in the most recent version
of The American Society of Addiction Medicine (ASAM) Criteria.
Section 3. Staff
Requirements and Responsibilities.
(1)
Physician.
(a) There shall be at least one (1)
physician who is:
1. Licensed to practice
medicine under KRS Chapter 311; and
2. Responsible for diagnosis, treatment, and
treatment plan decisions in collaboration with the patient, including:
a. Whether or not to admit the
patient;
b. Whether or not to
continue the patient in care; and
c. When to transfer or discharge the patient.
(b) If a facility is managing
acute opioid withdrawal, there shall be at least one (1) physician with a
waiver under
21 U.S.C. Section
823(g)(2) to prescribe drugs
approved by the Food and Drug Administration for the treatment of opioid use
disorder, as indicated.
(c) The
physician shall:
1. Assess the patient within
twenty-four (24) hours of admission, or earlier if indicated; and
2. Provide on-site monitoring, medical
services, and patient evaluation daily.
(2) Nurse.
(a) There shall be at least one (1) full-time
registered nurse.
(b) If the
registered nurse is not on duty, a licensed practical nurse shall be
responsible for on-site nursing care and a registered nurse shall be on
call.
(c) Twenty-four (24) hour
nursing services shall include:
1. A
comprehensive nursing assessment, conducted at the time of admission;
and
2. Monitoring of the patient's
progress, which may occur hourly if needed.
(3) Clinical staff. Clinical staff shall:
(a) Be trained and competent to provide
physician-directed care and treatment;
(b) Be able to obtain and interpret
information regarding the needs of the patients; and
(c) Provide counseling services if authorized
under the scope of the clinician's professional license.
(4) There shall be at least one (1) staff
person on duty at all times who is trained in cardio-pulmonary
resuscitation.
Section 4.
Medication. A notation shall be made in the patient's record of all medications
administered in accordance with physician orders, including:
(1) Date;
(2) Time;
(3) Dosage;
(4) Frequency of administration;
and
(5) Name of the individual
administering each dose.
Section
5. Therapies. Therapies shall include daily clinical services to
assess and address the needs of each patient, including:
(1) Medical services as needed, including
stabilization of the patient;
(2)
Withdrawal rating scale tables and flow sheets that include tabulation of vital
signs, if needed;
(3) Withdrawal
support;
(4) A range of cognitive,
behavioral, medical, mental health, and other therapy as needed to enhance the
patient's understanding of:
(a)
Addiction;
(b) Completion of the
withdrawal management process; and
(c) Referral to an appropriate level of care
for continuing treatment;
(5) Interdisciplinary individualized
assessment and treatment;
(6)
Health education services; and
(7)
Services to family members or significant others.
Section 6. Assessment and Treatment Plan.
(1) Assessment and treatment planning shall
include:
(a) An individualized treatment plan
developed in collaboration with the patient within twenty-four (24) hours of
admission, including:
1. Problem
identification in dimensions two (2) through six (6) of the most recent version
of The ASAM Criteria;
2.
Development of treatment goals and measurable treatment objectives;
and
3. Activities designed to meet
the treatment objectives and management of withdrawal syndrome;
(b) Daily assessment of:
1. Progress during withdrawal management;
and
2. Any treatment
changes;
(c) Transfer and
discharge planning, beginning at the point of admission; and
(d) Referral and linkage arrangements for:
1. Counseling;
2. Medical care;
3. Medication assisted treatment, as
indicated;
4. Psychiatric care;
and
5. Continuing care.
(2) Physician and nurse
progress notes shall:
(a) Be maintained in the
patient record;
(b) Reflect
implementation of the treatment plan;
(c) Document the client's response to
treatment; and
(d) Include each
amendment of the treatment plan.
Section 7. Discharge Criteria.
(1) A patient shall continue to receive
medically managed intensive inpatient withdrawal management until the patient's
acute withdrawal signs and symptoms are sufficiently resolved so that the
patient can safely transition into continuing services or transfer to a less
intensive level of care.
(2) A
patient's discharge summary shall be completed within twenty-four (24) hours of
discharge and include:
(a) The course and
progress of the patient with regard to the treatment plan;
(b) General observations of the patient's
condition initially, during treatment, and at discharge; and
(c) Recommendations and arrangements for
further treatment.
STATUTORY AUTHORITY:
KRS
216B.042,
222.211(1)(c)