Current through Register Vol. 35, No. 6, March 26, 2024
Only applicants who possess all of the following shall be
eligible to receive approval to operate from the department of health:
A. drug enforcement agency (DEA) approval to
operate an OTP;
B. SAMHSA/CSAT
approval to operate an OTP;
C.
accreditation by a SAMHSA/CSAT-approved nationally recognized accreditation
body, such as JCAHO or CARF, to operate an OTP:
(1) if the applicant is a start-up program
unable to obtain such accreditation prior to beginning operation because the
accreditation body requires a period of program operation, typically six (6)
months, before it will grant accreditation:
(a) the department of health shall grant
provisional approval to operate pending accreditation, provided that all other
requirements of these regulations are met; and
(b) the program demonstrates in its
application to the department of health that it is taking the steps necessary
to become accredited as quickly as possible, and provides a timeline for the
anticipated accreditation;
(2) during this interim period, the
provisional approval to operate is contingent on the ongoing progress of the
program, as determined by the department of health, to obtain accreditation
within the timeline contained in the application; the program shall immediately
inform the department of health of anything that will delay or prevent
accreditation according to that timeline;
(3) the department of health shall withdraw
its provisional approval if it concludes that accreditation will not be
forthcoming; in any event, the program shall obtain accreditation within 12
months of beginning operation, or the provisional approval shall be withdrawn,
unless the department of health elects to extend the provisional approval
period after consultation with the appropriate federal and accrediting
entities.
D. a license
from the New Mexico state board of pharmacy to operate an OTP;
E. other permits and licenses such as a
business license from the applicant's local governmental entity, as required by
local ordinances;
F. evidence of
appropriate liability insurance coverage for the program and its
employees.
