An agency providing substance use disorder opioid treatment program services must ensure the program physician, or the medical practitioner under supervision of the medical director, performs and meets the following:
(1) The program physician or medical practitioner under supervision of the medical director:
(a) Is responsible to verify an individual is currently addicted to an opioid drug and that the individual became addicted at least 12 months before admission to treatment; or
(b) May waive the 12-month requirement in (a) of this subsection upon receiving documentation that the individual:
(i) Was released from a penal institution, if the release was within the previous six months;
(ii) Is pregnant; or
(iii) Was previously treated within the previous 24 months.
(2) A documented physical evaluation must be completed on the individual before admission and before starting medications approved to treat opioid use disorder that includes the determination of opioid use disorder consistent with the current and applicable Diagnostic and Statistical Manual of Mental Disorders (DSM-5) criteria;
(3) A documented review of the department prescription drug monitoring program data on the individual:
(a) At admission;
(b) Annually after the date of admission; and
(c) Subsequent to any incidents of concern.
(4) All relevant facts concerning the use of the opioid drug must be clearly and adequately explained to each individual;
(5) Current written and verbal information must be provided to pregnant individuals, before the initial prescribed dosage regarding:
(a) The concerns of possible substance use disorder, health risks, and benefits the opioid treatment medication may have on the individual and the developing fetus;
(b) The risk of not initiating opioid treatment medication on the individual and the developing fetus;
(c) The potential need for the newborn baby to be treated in a hospital setting or in a specialized support environment designed to address and manage neonatal opioid or other drug withdrawal syndromes; and
(d) Referral options to address and manage neonatal opioid or other drug withdrawal syndromes.
(6) Each individual voluntarily choosing to receive maintenance treatment must sign an informed consent to treatment;
(7) Within 14 days of admission, a medical examination must be completed that includes:
(a) Documentation of the results of serology and other tests, as determined by the medical practitioner; and
(b) A documented assessment for the appropriateness of Sunday and holiday take-home medications as required by 42 C.F.R. Part 8.12(i).
(8) When exceptional circumstances exist for an individual to be enrolled with more than one opioid treatment program agency, justification granting permission must be documented in the individual's individual service record at each agency;
(9) Each individual admitted to withdrawal management services must have an approved withdrawal management schedule that is medically appropriate;
(10) Each individual administratively discharged from services must have an approved withdrawal management schedule that is medically appropriate;
(11) An assessment for other forms of treatment must be completed for each individual who has two or more unsuccessful withdrawal management episodes within 12 consecutive months; and
(12) An annual medical examination must be completed on each individual, either in person or via telehealth technologies, that includes the individual's overall physical condition and response to medication. The medical practitioner may use their professional and clinical judgment when determining the appropriateness of telehealth technologies for the annual medical exam and must document, in the patient's record, their decision to use telehealth technologies. The initial medical exam must be completed in person as required by 42 C.F.R. Part 8.12(f)(2).