A. Any Class II controlled dangerous substance, when used in this state by an opioid substitution treatment program for persons with a history of opioid addiction to or physiologic dependence on controlled dangerous substances, shall only be used:

1. In treating persons with a history of addiction;

2. In treating persons with a one-year history of opioid addiction to or physiologic dependence on controlled dangerous substances, as defined by the Code of Federal Regulations, and documentation of attempting another type of treatment; or

3. If clinically appropriate, the program physician may waive the requirement of a one-year history of opioid addiction for consumers within six (6) months of release from a penal institution, for consumers with a pregnancy verified by the program physician, or for consumers having previously received treatment for opioid addiction and within two (2) years of discharge from that treatment episode.

B. Any conviction for a violation of the provisions of this section or any rules promulgated pursuant to the provisions of this section shall be a felony.

C. For the purposes of this section, "opioid substitution treatment program" means a person, private physician, or organization that administers or dispenses an opioid drug to a narcotic addict for the purposes of detoxification or maintenance treatment or provides, when necessary and appropriate, comprehensive medical and rehabilitation services. A private physician who administers buprenorphine with a waiver from the Drug Enforcement Administration shall not be considered an opioid substitution treatment program. An opioid substitution treatment program shall be certified by the Board of Mental Health and Substance Abuse Services, or the Commissioner of Mental Health and Substance Abuse Services upon delegation by the Board, and registered with the federal Drug Enforcement Administration for the use of an opioid drug to treat narcotic addiction.

D. The Board of Mental Health and Substance Abuse Services shall promulgate rules and standards for the certification of all programs, private facilities, and organizations which provide opioid substitution treatment directed to those physiologically dependent on or addicted to opioids. These facilities and organizations shall be known as "Opioid Substitution Treatment Programs". Only certified facilities may receive and assist opioid-dependent and addicted persons by providing Class II controlled substances in opioid substitution treatment and rehabilitation.

E. The Board of Mental Health and Substance Abuse Services shall promulgate rules and standards regulating the treatment and services provided by opioid substitution treatment programs. Failure to comply with rules and standards promulgated by the Board shall be grounds for revocation, suspension or nonrenewal of certification.

F. Opioid substitution treatment programs shall notify the Department of Mental Health and Substance Abuse Services of plans to close or relocate within a minimum of thirty (30) days prior to closure or relocation.

G. Failure to comply with rules and standards promulgated by the Board of Mental Health and Substance Abuse Services pursuant to this section shall be grounds for reprimand, suspension, revocation or nonrenewal of certification.

Added by Laws 1980, c. 108, § 2, emerg. eff. April 10, 1980. Amended by Laws 1986, c. 103, § 51, eff. Nov. 1, 1986. Renumbered from Title 43A, § 659 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1987, c. 79, § 1, eff. Nov. 1, 1987; Laws 1989, c. 69, § 1, emerg. eff. April 13, 1989; Laws 1996, c. 354, § 52, eff. Nov. 1, 1996; Laws 1997, c. 133, § 469, eff. July 1, 1999; Laws 2002, c. 488, § 26, eff. Nov. 1, 2002; Laws 2003, c. 46, § 24, emerg. eff. April 8, 2003; Laws 2005, c. 150, § 22, emerg. eff. May 9, 2005; Laws 2006, c. 97, § 13, eff. Nov. 1, 2006; Laws 2010, c. 287, § 24, eff. Nov. 1, 2010; Laws 2017, c. 111, § 3, eff. Nov. 1, 2017.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 469 from July 1, 1998, to July 1, 1999.