TITLE 440 DIVISION OF MENTAL HEALTH AND ADDICTION

Under IC 4-22-2-23, the Division of Mental Health and Addiction intends to adopt a rule concerning the following:

OVERVIEW: Amends 440 IAC 10-1 to change and add definitions. Adds 440 IAC 10-2-2 to designate the director of the Division of Mental Health and Addiction or his or her designee as the state opioid treatment authority. Amends 440 IAC 10-4-13 to clarify responsibilities of a program physician and a medical director and to allow a licensed clinical addiction counselor to work as a counselor for an opioid treatment program. Amends 440 IAC 10-4-16 to change the term physical evaluation to initial assessment and clarify the requirements for conducting an initial assessment. Amends 440 IAC 10-4-19 to list other medications as alternatives to methadone that may be used by opioid treatment programs to treat patients and to require the program physician to check the Indiana INSPECT program prior to administering any opioid treatment medications, to document the findings in the patient's record, and to explain to the patient the risks and benefits of treatment medication and relevant facts concerning the use of opioid treatment medications to ensure that the patient voluntarily chooses maintenance treatment. Amends 440 IAC 10-4-26 to require opioid treatment programs to submit exception requests to the division for all self-administered opioid treatment medication for more than seven days. Adds 440 IAC 10-4- 42 to establish standards and protocols for patients who are receiving opioid treatment medications. Adds 440 IAC 10-4-43 to establish mandatory reporting requirements. Written comments should be addressed to the Small Business Regulatory Coordinator for this rule. Effective 30 days after filing with the Publisher. Statutory authority: IC 12-23-1-6; IC 12-23-18.

For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is:

Mick Schoenradt

Indiana Family and Social Services Administration

Division of Mental Health and Addiction

Indiana Government Center South

402 W. Washington St., Rm. W353

Indianapolis, IN 46204

(317) 232-7913

mick.schoenradt@fssa.in.gov

For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 4-4-35-8 is:

Erik Scheub

Office of Small Business and Entrepreneurship

One North Capitol, Suite 600

Indianapolis, IN 46204

(317) 232-5679

ombudsman@osbe.in.gov

Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 4-4-35-8, specifically IC 4-4-35-8(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator.

DIN: 20140827-IR-440140343NIA

Composed: May 18,2024 9:40:59AM EDT

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