Bill Text: IN SB0272 | 2013 | Regular Session | Introduced
Bill Title: Prescription products.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Enrolled - Dead) 2013-04-15 - Returned to the Senate with amendments [SB0272 Detail]
Download: Indiana-2013-SB0272-Introduced.html
Citations Affected: IC 12-23-18; IC 25-22.5-2-7.
Synopsis: Opioid treatment program and controlled substances.
Requires an opioid treatment program to transmit specified information
concerning a patient to the Indiana scheduled prescription electronic
collection and tracking program (INSPECT) before dispensing or
administering a controlled substance to the patient. Requires the
division of mental health and addiction to adopt rules concerning
opioid treatment programs and weaning a patient off of a controlled
substance within 24 months of initial treatment in a program. Requires
drug testing of opioid treatment program patients at least one time
every three months. Requires the medical licensing board of Indiana to
adopt rules establishing standards and protocols in the prescribing of
controlled substances.
Effective: July 1, 2013.
January 8, 2013, read first time and referred to Committee on Health and Provider
Services.
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A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
(1) the opioid treatment program is specifically approved and the opioid treatment facility is certified by the division; and
(2) the opioid treatment program is in compliance with state and federal law.
(b) Separate specific approval and certification under this chapter is required for each location at which an opioid treatment program is operated.
(c) Before dispensing or administering a controlled substance to a patient, an opioid treatment program shall transmit to the Indiana scheduled prescription electronic collection and tracking program (INSPECT) established by IC 25-1-13-4 the following information:
(1) The patient's name.
(2) The patient's date of birth.
(3) The national drug code number of the controlled substance dispensed or administered.
(4) The date the controlled substance is dispensed or administered.
(5) The quantity of the controlled substance dispensed or administered.
(6) The United States Drug Enforcement Agency registration number of the dispenser or prescriber.
(7) Other data required by the program.
The opioid treatment program shall also check INSPECT for a patient's data before administering or dispensing a controlled substance to the patient.
(b) Rules adopted under subsection (a) must include provisions relating to the following matters concerning opioid treatment programs and patients who receive opioid treatment:
(1) Regular clinic attendance by the patient.
(2) Specific counseling requirements for the opioid treatment program.
(3) Serious behavior problems of the patient.
(4) Stable home environment of the patient.
(5) Safe storage capacity of opioid treatment medications within the patient's home.
(6) Medically recognized testing protocols to determine legitimate opioid treatment medication use.
(7) The opioid treatment program's medical director and administrative staff responsibilities for preparing and implementing a diversion control plan.
(8) Weaning a patient off of opioid treatment no later than twenty-four (24) months after the patient's initial participation in an opioid treatment program.
JULY 1, 2013]: Sec. 2.5. (a) An opioid treatment program must
periodically and randomly test a patient at least one (1) time every
three (3) months, including before receiving treatment, a patient for
the following during the patient's treatment by the program:
(1) Methadone.
(2) Cocaine.
(3) Opiates.
(4) Amphetamines.
(5) Barbiturates.
(6) Tetrahydrocannabinol.
(7) Benzodiazepines.
(8) Any other suspected or known drug that may have been
abused by the patient.
(b) If a patient tests positive under a test described in subsection (a)
for:
(1) a controlled substance other than a drug for which the patient
has a prescription or that is part of the patient's treatment plan at
the opioid treatment program; or
(2) an illegal drug other than the drug that is part of the patient's
treatment plan at the opioid treatment program;
the opioid treatment program and the patient must comply with the
requirements under subsection (c).
(c) If a patient tests positive under a test for a controlled substance
or illegal drug that is not allowed under subsection (b), the following
conditions must be met:
(1) The opioid treatment program must refer the patient to the
onsite physician for a clinical evaluation that must be conducted
not more than ten (10) days after the date of the patient's positive
test. The physician shall consult with medical and behavioral staff
to conduct the evaluation. The clinical evaluation must
recommend a remedial action for the patient that may include
discharge from the opioid treatment program or amending the
treatment plan to require a higher level of supervision.
(2) The opioid treatment program may not allow the patient to
take any opioid treatment medications from the treatment facility
until the patient has completed a clinical assessment under
subdivision (1) and has passed a random test. The patient must
report to the treatment facility daily, except when the facility is
closed, until the onsite physician, after consultation with the
medical and behavioral staff, determines that daily treatment is no
longer necessary.
(3) The patient must take a weekly random test until the patient
passes a test under subsection (b).
(d) An opioid treatment program must conduct all tests required
under this section in an observed manner to assure that a false sample
is not provided by the patient.
(1) Adopt rules and forms necessary to implement this article that concern, but are not limited to, the following areas:
(A) Qualification by education, residence, citizenship, training, and character for admission to an examination for licensure or by endorsement for licensure.
(B) The examination for licensure.
(C) The license or permit.
(D) Fees for examination, permit, licensure, and registration.
(E) Reinstatement of licenses and permits.
(F) Payment of costs in disciplinary proceedings conducted by the board.
(2) Administer oaths in matters relating to the discharge of its official duties.
(3) Enforce this article and assign to the personnel of the agency duties as may be necessary in the discharge of the board's duty.
(4) Maintain, through the agency, full and complete records of all applicants for licensure or permit and of all licenses and permits issued.
(5) Make available, upon request, the complete schedule of minimum requirements for licensure or permit.
(6) Issue, at the board's discretion, a temporary permit to an applicant for the interim from the date of application until the next regular meeting of the board.
(7) Issue an unlimited license, a limited license, or a temporary medical permit, depending upon the qualifications of the applicant, to any applicant who successfully fulfills all of the requirements of this article.
(8) Adopt rules establishing standards for the competent practice of medicine, osteopathic medicine, or any other form of practice regulated by a limited license or permit issued under this article.
(9) Adopt rules regarding the appropriate prescribing of Schedule III or Schedule IV controlled substances for the purpose of weight reduction or to control obesity.
(10) Adopt rules establishing standards for office based procedures that require moderate sedation, deep sedation, or
general anesthesia.
(11) Adopt rules establishing standards and protocols for the
prescribing of controlled substances.
(b) The board may adopt rules that establish:
(1) certification requirements for child death pathologists;
(2) an annual training program for child death pathologists under
IC 16-35-7-3(b)(2); and
(3) a process to certify a qualified child death pathologist.
