Current through Register Vol. 35, No. 18, September 24, 2024
Only applicants who possess all of the following shall be
eligible to receive approval to operate from the New Mexico health care
authority (HCA):
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 months, before it will grant accreditation:
(a) the HCA 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 HCA 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 HCA, to obtain accreditation within the timeline
contained in the application; the program shall immediately inform the HCA of
anything that will delay or prevent accreditation according to that
timeline;
(3) the HCA 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months of beginning operation, or the provisional approval shall be withdrawn,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 HCA 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.
