New Mexico Administrative Code
Title 7 - HEALTH
Chapter 32 - ALCOHOL AND DRUG ABUSE
Part 8 - OPIOID TREATMENT PROGRAMS
Section 7.32.8.23 - TAKE-HOME MEDICATIONS

Universal Citation: 7 NM Admin Code 7.32.8.23

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

A. The program sponsor shall ensure that policies and procedures are developed, implemented, and complied with for the use of take-home medication and include:

(1) criteria for determining when a patient is ready to receive take-home medication;

(2) criteria for when a patient's take-home medication is increased or decreased;

(3) a requirement that take-home medication be dispensed according to federal and state law;

(4) a requirement that the program medical director review a patient's take-home medication regimen at intervals of no less than 90 days and adjust the patient's dosage, as needed;

(5) procedures for safe handling and secure storage of take-home medication in a patient's home; and

(6) criteria and duration of allowing a physician to prescribe a split medication regimen.

B. Treatment program decisions on dispensing OTP medications to patients for unsupervised use, beyond that set forth in Subsection C of 7.32.8.23 NMAC below, shall be made by the program medical director, based on the following criteria:

(1) absence of recent abuse of drugs, including alcohol;

(2) regularity of program attendance;

(3) length of time in comprehensive maintenance treatment;

(4) absence of known criminal activity;

(5) absence of serious behavioral problems at the program;

(6) special needs of the patient such as physical health needs;

(7) assurance that take-home medication can be safely stored in the patient's home;

(8) stability of the patient's home environment and social relationships;

(9) the patient's work, school, or other daily activity schedule;

(10) hardship experienced by the patient in traveling to and from the program; and

(11) whether the benefit the patient would receive by decreasing the frequency of program attendance outweighs the potential risk of diversion.

C. A patient in comprehensive maintenance treatment may receive a single dose of take-home medication for each day that a provider is closed for business, including Sundays and state and federal holidays.

D. A program sponsor shall ensure that take-home medication is only issued to a patient in compliance with the following restrictions:

(1) during the first 90 days of comprehensive maintenance treatment, take-home medication is limited to a single dose each week, in addition to any doses received as described in Subsection C of 7.32.8.23 NMAC above;

(2) during the second 90 days of comprehensive maintenance treatment, a patient may receive a maximum of two doses of take-home medication each week in addition to any doses received as described in Subsection C of 7.32.8.23 NMAC above;

(3) during the third 90 days of comprehensive maintenance treatment, a patient may receive a maximum of three doses of take-home medication each week in addition to any doses received as described in Subsection C of 7.32.8.23 NMAC above;

(4) in the remaining months of the patient's first year, a patient may receive a maximum of 6 days of take-home medication each week;

(5) after one year of continuous treatment, a patient may receive a maximum 2-week supply of take-home medication;

(6) after two years of continuous treatment, a patient may receive a maximum of one month's supply of take-home medication but must make monthly visits;

(7) exceptions to the above take-home medication restrictions shall be made only as provided for in center for substance abuse treatment (CSAT) regulations and as approved by the state methadone authority.

E. A program sponsor shall ensure that a patient receiving take-home medication receives:

(1) take-home medication in a child-proof container; and

(2) written and verbal information on the patient's responsibilities in protecting the security of take-home medication.

F. The program sponsor shall ensure that the program medical director's determination made under Subsection B of 7.32.8.23 NMAC and the reasons for the determination are documented in the patient record.

G. In accordance with DEA regulations, the program shall not use U. S. mail or express services such as fedex or united parcel service to transport, furnish or transfer opioid treatment medication to any patient, agency, facility or person.

H. The program shall establish policy and procedure to provide for the safe and secure transportation of opioid treatment medication from its facility to another agency where the program's patient temporarily resides, (e.g., from the university of New Mexico's addiction and substance abuse program (ASAP) to the turquoise lodge treatment program.).

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.
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