Introduced Version
SENATE BILL No. 272
_____
DIGEST OF INTRODUCED BILL
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.
Miller Patricia
January 8, 2013, read first time and referred to Committee on Health and Provider
Services.
Introduced
First Regular Session 118th General Assembly (2013)
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SENATE BILL No. 272
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 12-23-18-0.5; (13)IN0272.1.1. -->
SECTION 1. IC 12-23-18-0.5, AS AMENDED BY P.L.1-2009,
SECTION 108, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 0.5. (a) An opioid treatment
program shall not operate in Indiana unless:
(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.
SOURCE: IC 12-23-18-1; (13)IN0272.1.2. -->
SECTION 2. IC 12-23-18-1, AS AMENDED BY P.L.116-2008,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. (a) Subject to federal law and consistent with
standard medical practice in opioid treatment of drug abuse, the
division shall adopt rules under IC 4-22-2 to establish and administer
an opioid treatment diversion control and oversight program to identify
individuals who divert opioid treatment medications from legitimate
treatment use and to terminate the opioid treatment of those
individuals.
(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.
SOURCE: IC 12-23-18-2.5; (13)IN0272.1.3. -->
SECTION 3. IC 12-23-18-2.5, AS ADDED BY P.L.116-2008,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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.
SOURCE: IC 25-22.5-2-7; (13)IN0272.1.4. -->
SECTION 4. IC 25-22.5-2-7, AS AMENDED BY P.L.225-2007,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 7. (a) The board shall do the following:
(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.