Section 440IAC10-4-2. Diversion control

   (a) Each OTP shall develop, implement, update, and submit to the division by February 28 of each year a diversion control plan for the following purposes:

(1) To identify individuals who divert opioid treatment medications from legitimate treatment use.

(2) To terminate the opioid treatment of those individuals.

  (b) The diversion control plan shall meet the requirements of 42 CFR Part 8, including 42 CFR §8.12(c)(2).

  (c) The diversion control plan shall include a consideration of at least the following provisions:

(1) Regular OTP attendance by the patient.

(2) Counseling requirements for the 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 responsibilities of the medical director and the administrative staff for preparing and implementing the plan.

  (d) The diversion control plan shall include the OTP's drug testing procedure for testing a patient during the patient's treatment by the OTP.

  (e) The division shall review and either approve or disapprove the diversion control plan of each OTP by May 1 of each year. If the division disapproves an OTP's diversion control plan, the OTP shall submit a plan revision to the division not later than sixty (60) days after the disapproval of the plan.

  (f) If the OTP fails to submit an acceptable plan within the required time frame, the division shall consider following the procedures for penalties in section 41 of this rule. (Division of Mental Health and Addiction; 440 IAC 10-4-2; filed Dec 30, 2009, 2:00 p.m.: 20100127-IR-440080412FRA; readopted filed May 10, 2016, 11:24 a.m.: 20160608-IR-440160134RFA)