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.
(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.
writing to the secretary and shall include:
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.
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