N.M. Code R. § 7.32.8.19 - ADMISSION
A. The program
sponsor shall ensure through policy and procedure that an individual is only
admitted for opioid dependency treatment after the program medical director
determines and documents that:
(1) the
individual meets the definition of opioid dependence using generally accepted
medical criteria such as those contained in the diagnostic and statistical
manual for mental disorders (DSM-IVor subsequent editions);
(2) the individual has received a physical
examination as required by Subsection D of 7.32.8.19 NMAC below; and
(3) if the individual is requesting
maintenance treatment, the individual has been addicted for at least 12 months
before the admission, unless the individual receives a waiver of this
requirement from the program medical director because the individual:
(a) was released from a penal institution
within the last six months;
(b) is
pregnant, as confirmed by the agency physician;
(c) was treated for opioid dependence within
the last 24 months; or
(d) is under
the age of 18, has had two documented unsuccessful attempts at short term
opioid treatment withdrawal procedures or drug-free treatment within a 12-month
period, and has informed consent for treatment provided by a parent, guardian,
custodian or responsible adult designated by the relevant state
authority.
B.
A program sponsor shall ensure that an individual requesting long-term or
short-term opioid treatment withdrawal treatment who has had two or more
unsuccessful opioid treatment withdrawal treatment episodes within a 12-month
period is assessed by the program medical director for other forms of
treatment.
C. The OTP shall ensure
that each patient at the time of admission:
(1) provides written, voluntary,
program-specific informed consent to treatment;
(2) is informed of all services that are
available to the patient through the program and of all policies and procedures
that impact the patient's treatment; and
(3) is informed of the following:
(a) the progression of opioid dependency and
the patient's apparent stage of opioid dependence;
(b) the goal and benefits of opioid
dependency treatment;
(c) the signs
and symptoms of overdose and when to seek emergency assistance;
(d) the characteristics of opioid dependency
treatment medication, such as its effects and common side effects, the dangers
of exceeding the prescribed dose, and potential interaction effects with other
drugs, such as other non-opioid agonist treatment medications, prescription
medications, and illicit drugs;
(e)
the requirement for a staff member to report suspected or alleged abuse or
neglect of a child or an incapacitated or vulnerable adult according to state
law;
(f) the requirement for a
staff member to comply with the confidentiality requirements of title 42 CFR
part 2 of the code of federal regulations, incorporated by reference;
(g) drug screening and toxicological testing
procedures;
(h) requirements to
receive take-home medication;
(i)
testing and treatment available for HIV and other communicable diseases, the
availability of immunization for hepatitis A and B, and the availability of
harm reduction services;
(j)
availability of counseling on preventing exposure to and transmission of human
immunodeficiency virus (HIV), sexually transmitted diseases, and blood-born
pathogens;
(k) the patient's right
to file a complaint with the program for any reason, including involuntary
discharge, and to have the patient's complaint handled in a fair and timely
manner.
D. A
program sponsor shall ensure that the program medical director or medical
practitioner designee conducts a complete, fully documented physical
examination of an individual who requests admission to the program before the
individual receives a dose of opioid dependency treatment medication, and that
the physical examination includes:
(1)
reviewing the individual's bodily systems;
(2) obtaining a medical and family history
and documentation of current information to determine chronic or acute medical
conditions such as diabetes, renal diseases, hepatitis, HIV infection,
tuberculosis, sexually transmitted disease, pregnancy or cardiovascular
disease;
(3) obtaining a history of
behavioral health issues and treatment, including any diagnoses and
medications;
(4) initiating the
following laboratory tests:
(a) a mantoux
skin test;
(b) a test for
syphilis;
(c) a laboratory drug
detection test for at least opioids, methadone, amphetamines, cocaine,
barbiturates, benzodiazepines and other substances as may be appropriate, based
upon patient history and prevailing patterns of availability and use in the
local area;
(5)
recommending additional tests based upon the individual's history and physical
condition, such as:
(a) complete blood
count;
(b) EKG, chest X-ray, pap
smear or screening for sickle cell disease;
(c) a test for hepatitis B and C;
or
(d) HIV testing.
(6) the full medical examination
including test results must be completed within 14 days of admission to the
program;
(7) a patient re-admitted
within three months after discharge does not require a repeat physical
examination unless requested by the program medical director.
E. A program sponsor shall ensure
that the results of a patient's physical examination are documented in the
patient record.
F. A patient may
not be enrolled in more than one OTP program except under exceptional
circumstances, such as residence in one city and employment that requires
extended absences from that city, which must be documented in the patient chart
by the medical directors of both programs:
(1)
an OTP shall make and document good faith efforts to determine that a patient
seeking admission is not receiving opioid dependency treatment medication from
any other source, within the bounds of all applicable patient confidentiality
laws and regulations;
(2) the OTP
shall confirm that the patient is not receiving treatment from any other OTP,
except as provided in Subsection F of 7.32.8.19 NMAC, within a 50 mile radius
of its location, by contacting any such other program, or by using the central
registry described in Subsection G of 7.32.8.19 NMAC, when
established.
G. The
department of health may establish an internet-based central registry of all
persons in New Mexico who are current patients of a New Mexico OTP program, for
the purpose of creating a system that prevents patients from surreptitiously
receiving medication from more than one OTP. Each OTP as a condition of
approval to operate shall participate in the central registry as directed by
the department of health.
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