HB2498 H Political Subdivisions AM #1

Charnock 3919

 

The Committee on Political Subdivisions moved to amend the bill by striking everything after the enacting clause and inserting the provisions of the strike and insert amendment.  

 

Article 5Y.  medication-assisted treatment PROGRAM licensing act.

§16-5Y-6. Restrictions; variances and waivers

(a) A medication-assisted treatment program shall not be located, operated, managed, or owned at the same location where a chronic pain management clinic licensed and defined in §16-5H-1 et seq. of this code is located.

(b) Medication-assisted treatment programs shall not have procedures for offering a

bounty, monetary, equipment, or merchandise reward, or free services for individuals in exchange

for recruitment of new patients into the facility.

(c) Medication-assisted treatment programs shall not be located within one-half mile of a

public or private licensed day care center, or public or private K-12 school.

Existing medication-assisted treatment programs, including both opioid treatment

programs and office-based medication-assisted treatment programs that are located within one-

half mile of a public or private licensed day care center or public or private K-12 school, shall be

granted a variance, provided that the facility demonstrates adequate patient population controls

and that it may otherwise meet the requirements of this article and the rules promulgated pursuant

to this article.

(d) Medication-assisted treatment programs shall have written policies to measure and

minimize the negative impact an existing or new program may have on a community, promote

peaceful coexistence, and plan for change and program growth.  Medication-assisted treatment

programs shall cause to be published a Class I legal advertisement providing public notice of its

intent to locate at a particular location.  The written policies shall address:

(1) Community needs and impact when selecting a site;

(2) Community input on the potential impact a program may have on a neighborhood;

(3) Maintenance of a clean and orderly facility that does not impede pedestrian or traffic

flow; and,

(4) Identification and maintenance of communication with community leaders for the

purpose of fostering good community relations.

(d)(e) The secretary may grant a waiver or a variance from any licensure or registration

standard, or portion thereof, for the period during which the license or registration is in effect.

  1. Requests for waivers or variances of licensure or registration standards shall be in

writing to the secretary and shall include:

  1. The specific section of this article or rules promulgated pursuant to this article for which

a waiver or variance is sought;

(B) The rationale for requesting the waiver or variance;

(C) Documentation by the medication-assisted treatment program's medical director to the

secretary that describes how the program will maintain the quality of services and patient safety

if the wavier or variance is granted; and

(D) The consequences of not receiving approval of the requested wavier or variance.

(2) The secretary shall issue a written statement to the medication-assisted treatment

program granting or denying a request for a waiver or variance of program licensure or registration

standards.

  1. The medication-assisted treatment program shall maintain a file copy of all requests

for waivers or variances and the approval or denial of the requests for the period during which the

license or registration is in effect.

(4) The Office of Health Facility Licensure and Certification shall inspect each medication-assisted treatment program prior to a waiver or variance being granted, including a review of patient records, to ensure and verify that any waiver or variance request meets the spirit and purpose of this article and the rules promulgated pursuant to this article.  The Office of Health Facility Licensure and Certification may verify, by unannounced inspection, that the medication-assisted treatment program is in compliance with any waiver or variance granted by the secretary for the duration of such the waiver or variance.

 

 

 

 

 

Adopted

Rejected