New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES
Subchapter 11 - OPIOID TREATMENT SERVICES
Section 10:161B-11.10 - Eligibility for take-home medication

Universal Citation: NJ Admin Code 10:161B-11.10

Current through Register Vol. 56, No. 18, September 16, 2024

(a) The multidisciplinary team shall utilize the criteria outlined in the Federal standards set by accrediting agencies at 42 CFR Part 8.12, in determining whether or not a client is eligible to receive take home medication and meets all the eligibility criteria.

1. Any client in an opioid treatment program receiving comprehensive maintenance treatment may receive a single take-home dose for a day that the clinic is closed for business, including Sundays and State and Federal holidays.
i. The facility shall make arrangements to provide the clinically appropriate take-home dose should the facility remain closed for business, on a non-emergency basis, for more than one day. This provision shall have been approved by the medical director, reviewed by the treatment team, and supported by documentation in the client record.

(b) During the COVID-19 public health emergency, opioid treatment programs (OTPs) shall be permitted to provide take-home doses of medication to clients who are eligible to receive them pursuant to (a) above, in locations other than the location listed on the OTP facility license, and may deliver medications to clients under the following conditions:

1. The facility must comply with Drug Enforcement Agency (DEA) guidance, including the following:
i. Before using the unregistered off-site location, the OTP must first contact its State Opioid Treatment Authority (SOTA) and receive the SOTA's approval to use the offsite location;

ii. Before using the unregistered off-site location, the OTP must receive approval from the local DEA field office. Once the SOTA approves the location, the SOTA should contact the local DEA field office. If the SOTA does not contact the DEA field office, the OTP must contact the field office itself;

iii. Each day, the facility may only transport those take-home methadone doses to the off-site location that the facility reasonably anticipates will be delivered to clients that day. The facility cannot transport a reserve of methadone to the off-site location; and

iv. Any methadone not delivered to clients at the off-site location must be returned to the facility's DEA-registered location the same day. No methadone may be stored at the off-site location when a facility staff member is not present;

2. The OTP shall submit the approvals received from the SOTA and the DEA field office to the Department;

3. The OTP shall maintain the policies and procedures required at N.J.A.C. 10:161B-11.4;

4. The facility shall maintain the policies and procedures required at N.J.A.C. 10:161B-14that address the proper storage, administration, and dispensation of medication;

5. The OTP shall ensure that only physicians, registered professional nurses, licensed practical nurses (working under the supervision of a registered professional nurse), pharmacists, or other persons authorized under New Jersey statutes or rules dispense or administer medications.

6. The OTP shall develop and implement policies/procedures for delivery protocols, including the documentation of medications being received by the client.

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