New Mexico Administrative Code
Title 7 - HEALTH

Universal Citation: 7 NM Admin Code

Current through Register Vol. 35, No. 6, March 26, 2024

The program sponsor shall ensure that:

A. a physician licensed to practice in New Mexico is designated to serve as medical director and to have authority over all medical aspects of opioid treatment;

B. the medical director is responsible for ensuring that the OTP is in compliance with all applicable federal, state and local laws and regulations;

C. the OTP shall be open for patients every day of the week except for federal and state holidays, and Sundays, and be closed only as allowed in advance in writing by CSAT and the state methadone authority;

D. written policies and procedures are developed, implemented, complied with and maintained at the OTP and include:

(1) procedures to prevent a patient from receiving opioid dependency treatment from more than one agency or physician concurrently;

(2) procedures to meet the unique needs of diverse populations, such as pregnant women, children, individuals with communicable diseases, (e.g. hepatitis C, tuberculosis, HIV or AIDS), or individuals involved in the criminal justice system;

(3) procedures for conducting a physical examination, assessment and laboratory tests;

(4) procedures for establishing substance abuse counselor caseloads, based on the intensity and duration of counseling required by each patient;

(5) criteria for when the patient's blood serum levels should be tested and procedures for having the test performed;

(6) procedures for performing laboratory tests, such as urine drug screens or toxicological tests, including procedures for collecting specimens for testing;

(7) procedures for addressing and managing a patient's concurrent use of alcohol or other drugs;

(8) procedures for providing take home medication to patients;

(9) procedures for conducting opioid treatment withdrawal;

(10) procedures for conducting an administrative withdrawal;

(11) procedures for voluntary discharge, including a requirement that a patient discharged voluntarily be provided or offered follow-up services, such as counseling or a referral for medical treatment;

(12) procedures for making temporary or permanent transfer of a patient from the OTP to another OTP;

(13) procedures for receiving the temporary or permanent transfer of a patient from another OTP to the OTP;

(14) procedures to minimize the following adverse events:
(a) a patient's loss of ability to function;

(b) a medication error;

(c) harm to a patient's family member or another individual resulting from ingesting a patient's medication;

(d) sales of illegal drugs on the premises;

(e) diversion of a patient's medication;

(f) harassment or abuse of a patient by a staff member or another patient; and

(g) violence on the premises;

(15) procedures to respond to an adverse event, including:
(a) a requirement that the program sponsor immediately investigate the adverse event and the surrounding circumstances;

(b) a requirement that the program sponsor develop and implement a plan of action to prevent a similar adverse event from occurring in the future; monitor the action taken; and take additional action, as necessary, to prevent a similar adverse event;

(c) a requirement that action taken under the plan of action be documented; and

(d) a requirement that the documentation be maintained at the agency for at least two years after the date of the adverse event;

(16) procedures for infection control;

(17) criteria for determining the amount and frequency of counseling that is provided to a patient; procedures to ensure that the facility's physical appearance is clean and orderly;

(18) a process for resolution of patient complaints, including a provision that complaints which cannot be resolved through the clinic's process may be referred by either party to the department of health:
(a) the complaint process shall be explained to the patient at admission;

(b) the patient complaint process shall be posted prominently in its waiting area or other location where it will be easily seen by patients, and include the department of health contact information for use in the event that the complaint cannot be resolved through the clinic's process.

E. a written quality assurance plan is developed and implemented;

F. all information and instructions for the patient are provided in the patient's primary language, and, when provided in writing, are clear and easily understandable by the patient.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.