The Bureau of Alcohol and Drug Abuse Prevention (ADAP) has developed standards for the administration of Methadone/LAAM Treatment Programs in Arkansas.
The goal of methadone/LAAM treatment is total rehabilitation of the patient. While eventual withdrawal from the use of drugs, including methadone/LAAM, may be an appropriate treatment goal, some patients may remain on methadone/LAAM maintenance for relatively long periods of time. Periodic consideration of withdrawing from methadone/LAAM maintenance is appropriate only if it is in the individual patient's interest. Such considerations are between the patient and the treatment facility.
The program shall be progressive in nature, addressing the patient's individual needs with methadone/LAAM as only one component of comprehensive treatment services.
The authority for these rules is A.C.A. §§ 20-64-602, 20-64-704, and 20-64-903.
Persons, partnerships, associations or corporations applying for approval as a treatment program providing methadone/LAAM services shall meet the requirements of these standards. In addition, the Bureau of Alcohol and Drug Abuse Prevention shall accredit Arkansas programs providing methadone/LAAM services in accordance with A.C.A. § 20-64-901, et seq.
The treatment program providing methadone/LAAM services, hereinafter referred to as "Program," shall comply with applicable federal, state and local laws and regulations including those under the jurisdiction of the Food and Drug Administration, the Drug Enforcement Administration and the State Authority, as well as laws and regulations governing equal employment opportunity and nondiscrimination of patients.
The ADAP shall refuse licensure to any new applicant that cannot provide a valid needs assessment using epidemiological evidence, and which the ADAP agrees, proves the need for Methadone/LAAM services in the geographic area in which it intends to operate. Furthermore, the ADAP shall refuse or revoke the licensure of any program that cannot provide adequate financial support to initiate and/or continue operation. Also, the ADAP shall refuse or revoke the licensure of any program involved in any legal procedures or investigations related to the violation of any local, state or federal alcohol or drug law or code.
The following definitions apply to Programs.
Licensure is the process by which the Bureau of Alcohol and Drug Abuse Prevention determines if a person, partnership, association or corporation may operate an alcohol and drug abuse treatment program.
Licensure Standards for Alcohol and Drug Abuse Treatment Programs are the standards developed by the Bureau of Alcohol and Drug Abuse Prevention which accredited treatment programs shall meet.
Administrative Detoxification is the gradual, medically controlled withdrawal of methadone/LAAM from a patient for violation or infraction of a Program policy.
Applicant Screening is the act of determining eligibility for treatment.
Alcohol and Drug Management Information System (ADMIS) is the management information system for the collection and reporting of patient related data prescribed by the State Authority.
A Counselor is one of the following:
Definitive Laboratory Results are confirmatory tests done by a National Institute of Drug Abuse (NIDA) certified laboratory.
Detoxification Treatment means the dispensing of a narcotic drug in decreasing doses to an individual to alleviate adverse physiological or psychological effects incident to withdrawal from the continuous or sustained use of a narcotic drug and as a method of bringing the individual to a narcotic drug-free state within such period.
Family means individuals who claim relationship to others either by heredity or by law.
A Medical Director is a physician licensed to practice medicine in the State of Arkansas who assumes responsibility for the administration of medical services performed by the Program, including ensuring that the Program is in compliance with federal, state and local laws and regulations regarding the medical treatment of narcotic addiction with a narcotic drug.
Methadone/LAAM Maintenance means the dispensing of methadone for more than 180 days in the treatment of an individual for dependence on heroin or other morphine-like drugs.
A Narcotic Dependent is an individual who physiologically needs heroin or a morphine-like drug to prevent the onset of signs of withdrawal.
Presumptive Laboratory Results are screening test results that have not been confirmed by a National Institute of Drug Abuse (NIDA) certified laboratory.
A Program is an entity that:
A Program Sponsor is a person (or representative of an organization) who is responsible for the operation of a Program and who assumes responsibility for its employees, including practitioners, agents or other persons providing services at the Program (including its medication units) and is knowledgeable of substance abuse treatment issues.
Services are program components rendered to patients which shall include, but are not limited to:
A Significant Other is an individual who has an intimate relationship with another, but who is not related by heredity or law.
State Authority means the Director, or designee, of the Arkansas Department of Health - Bureau of Alcohol and Drug Abuse Prevention, or its successor.
Take-Home Medication refers to those doses of methadone consumed by the patient under conditions of no direct observation by a medical provider.
The Bureau of Alcohol and Drug Abuse Prevention shall license persons, partnerships, associations or corporations establishing, conducting, managing, or operating an alcohol and drug abuse treatment program.
The program shall comply with state and federal regulations governing confidentiality of alcohol and drug abuse patient records and other patient identifying information. Existing federal regulation (42 CFR, Part 2) provides for safeguarding files or other patient identifying information from access by unauthorized individuals, and requires that records be maintained in a secure manner. The ADAP may review records for the purpose of monitoring execution of the standards. The Program shall make records available to the ADAP upon request. In addition, access by the Food and Drug Administration and the Drug Enforcement Administration is also allowed for determination of compliance with FDA or DEA regulations.
Applicant Screening shall be extensive and thorough and shall form the basis for effective, long-term treatment planning. It shall include a staff assessment as to appropriateness of treatment, that admission is voluntary, and that the patient understands the risks, benefits, and options. Prescription methadone/LAAM is a highly addictive substance and entry into a Program is a critical decision for both the patient and the Program. Before admitting an applicant to methadone/LAAM treatment, the Program shall satisfy itself that the applicant fully understands the reasons for and ramifications of administrative detoxification and that the applicant voluntarily enters the Program with that knowledge.
The Medical Director may refuse treatment with a narcotic drug to a particular patient if, in the reasonable clinical judgment of the Medical Director, the patient would not benefit from such treatment. Prior to such a decision, appropriate staff may be consulted, as determined by the Medical Director.
Readmission to a Program depends on whether a patient who is seeking readmission previously withdrew from methadone/LAAM on a voluntary basis or as a result of an administrative decision due to the patient's violation of Program policies.
The Program shall test women of childbearing age for pregnancy at the time of admission unless medical personnel determine that the test is unnecessary.
In addition to federal laws and regulations regarding pregnant patients, the Program shall implement written policies and procedures to ensure the accessibility of services to pregnant women. The Program shall:
The Program shall provide the patient a full range of treatment and rehabilitative services. The absence of the use of controlled substances, except as medically prescribed; social, emotional, behavior and vocational status; and other individual patient needs shall determine the frequency and extent of the services.
The assessment and treatment team shall consist of a Medical Director, medical staff and counselors who shall assess the patient's needs and, with the patient's input, develop a treatment plan. The primary counselor shall sign the treatment plan. As part of developing a treatment plan, the patient shall have input in establishing or adjusting dosage levels. The assessment and treatment team shall staff each case at least once each thirty (30) days during the first ninety (90) days of treatment and at least once each ninety (90) days thereafter. The Medical Director shall sign off on the initial treatment plan when developed and the comprehensive treatment plan on an annual basis.
Phase I
Phase I consists of a minimum ninety (90) day period in which the patient attends the Program for observation daily or at least six (6) days a week.
Phase I requires at least four (4) hours of counseling per week during the initial three (3) months following admission or until the patient achieves two (2) day take-home medication status, whichever is longer. The counseling sessions at a minimum shall consist of two (2) hours of group therapy sessions, one (1) hour of individual counseling, and one (1) hour of twelve step/self help meeting per week. The assessment and treatment team and the patient shall determine the patient's assignment of group therapy attendance. The issues to be discussed in group therapy sessions shall consist of at a minimum but not limited to the following:
The assessment and treatment team and the patient shall negotiate a methadone/LAAM detoxification plan with potential target dates for implementation in Phase V. Such a plan may be short-term or long-term in nature based on the patient's need and may include intermittent periods of methadone/LAAM maintenance between detoxification attempts.
Prior to a patient moving to Phase II or receiving take-home medication, the patient shall demonstrate a level of stability as evidenced by the following:
In addition, the patient shall provide assurance to the Program regarding the safe transportation and storage of take-home medication (see § XHL G.) -Phase II
A patient, admitted more than three (3) months but less than two (2) years and successfully completing Phase I, shall attend the Program no less than three (3) times weekly. The Program may issue no more than two (2) take-home doses at a time and no more than a total of four (4) take-home doses in a week.
During the first three (3) months of Phase II a patient shall attend at least two (2) hours of counseling (one of which shall be individual) and two (2) self-help group meetings per week, For the remainder of Phase II, or until the patient achieves three (3) day take-home medication status, whichever is longer, the patient and primary counselor shall determine a patient's counseling and self-help activities provided that the minimum level of service delivery shall be one (1) hour of counseling per week and two (2) self-help group meetings per week.
PhaseIH
A patient, admitted more than two (2) years but less than three (3) years and successfully completing Phase II, shall attend the Program no less than two (2) times weekly. The Program may issue no more than three (3) take-home doses at a time and no more than a total of five (5) take-home doses in a week.
Phase IQ requires at least one (1) hour counseling per month in addition to attendance at one (1) self-help group meeting per week for three (3) years following admission or until the patient achieves a six (6) day take-home medication status, whichever is longer. The one (1) hour counseling may be either individual counseling or group therapy, as determined by staff and patient.
Phase IV.
The Program may provide a six (6) day supply of methadone if a patient, admitted for three (3) years, has successfully completed Phase m.
Phase TV requires at least one (1) hour counseling per month in addition to attendance at two (2) self-help group meetings per month as long as the patient maintains a six (6) day take-home medication status.
Phase V.
During the above four (4) phases a patient, in consultation with the assessment and treatment team, may elect to enter Phase V.
The Program shall conduct a special staffing to determine an appropriate response whenever a patient has two (2) or more urinalyses in a one (1) year period that are positive for drugs other than methadone/LAAM. The Medical Director shall use test results as a guide to change treatment approaches and not as the sole criteria to force a patient out of treatment. When using test results, the Medical Director shall distinguish presumptive laboratory results from definitive laboratory results.
Upon admission the Program shall:
The Program shall not require a medical examination for a patient transferring to a new Program who received a medical and laboratory examination within three (3) months prior to admission to the new Program. The Program physician may request a medical and laboratory examination for a transferring patient. However, the new Program physician shall have, as part of the transfer summary, a medical summary and statement from the patient's previous Program that indicates a significant medical problem. The transferred record shall include copies of the previous examination prior to admission.
Programs are subject to Drug Enforcement Administration regulations concerning the Registration of Manufacturers, Distributors, and Dispensers of Controlled Substances (Chapter H Parts 1301 - 1307). Patients shall be physically separated from the narcotic storage and dispensing area. The Program shall not allow patients to congregate or loiter on the grounds or around the facility wherein the Program operates.
Patient records shall contain at a minimum:
The Program shall complete an initial drug screening test or analysis for each patient upon admission. The Program shall conduct new patient urine drug screening weekly for the first three (3) months in treatment. The Program may place a patient who completes three months of urine drug screening showing no indications of drug abuse on a monthly urine testing schedule. Programs shall implement procedures, including the random collection of samples, to effectively minimize the possibility of falsification of the sample. The Program shall use urine testing as a clinical tool for the purposes of diagnosis and the development of treatment plans. After admission, the results of a single urine screening report shall not determine significant treatment decisions. Patients on a monthly schedule for whom urine screening reports indicate positive results for drugs other than methadone/LAAM shall return to a weekly schedule for a period of time clinically indicated by the physician.
The Program shall analyze each urine sample for opiates, methadone, amphetamines, cocaine, benzodiazepines, marijuana and other drugs as may be indicated by patient's use patterns. Laboratories that perform the testing required under this regulation shall be in compliance with applicable Federal proficiency testing and licensing standards and applicable state standards.
The Medical Director may order methadone/LAAM dosages in excess of 100 milligrams but less than 120 milligrams only where medically indicated. The Medical Director shall fully document the reasons for the dosage level and report to the State Authority such orders. The Medical Director shall obtain prior written approval from the State Authority for methadone/LAAM dosage orders in excess of 120 milligrams.
The requirement of time in treatment is a minimum reference point after which a patient may be eligible for take-home medication privileges. The time reference does not mean that a patient in treatment for a particular time has a specific right to take-home medication. Since the use of take-home privileges creates a danger of not only diversion, but also accidental poisoning, the Medical Director must make every attempt to ensure that take-home medication is given only to patients who will benefit from it and who have demonstrated responsibility in handling methadone. Thus, regardless of time in treatment, a Medical Director may, in his or her reasonable judgment, deny or rescind the take-home medication privileges of a patient. Concurrently, the patient shall provide assurance to the Program that take-home medication can be safely transported and stored by the patient for the patient's use only.
Any patient receiving lOOmg or larger Methadone dosings shall not be allowed exceptional take-home privileges.
All requests for Methadone take-home medication exceptions must be submitted to the State Authority in writing. Each request must document the following:
The requests can be mailed, hand delivered or faxed to:
Bureau of Alcohol and Drug Abuse Prevention Director of Treatment Services 5800 West 10th Street, Suite 907 Little Rock, Arkansas 72204 FAX: (501)280-4519
Note: There will be no take-home dosings for individuals receiving LAAM.
Patients shall have access to the Program in case of an off-hour emergency. The Program shall maintain a 24-hour Emergency Hot-Line with individuals designated as on-call to deal with patient emergencies.
When a patient transfers from one Program to another, the transferring Program shall send copies of the transferring patient's records to the accredited receiving Program prior to admission. Transferring patients shall enter Phase I for a minimum of two (2) weeks. With successful completion of Phase I, they enter the appropriate treatment phase.
Individuals visiting the State of Arkansas who are part of a methadone/LAAM treatment program, shall have their home program provide information to an accredited Program prior to the individual's arrival in the state. The Arkansas Program shall provide qualified visiting patients up to twenty-eight (28) days of methadone/LAAM medication. However, take-home privileges shall not be greater than the privileges accorded by the home program, and in no case for longer than six (6) days. Again, take-home dosings are not allowed for individuals receiving LAAM.
In order to remain in the Program and to successfully move through treatment, patients shall be in compliance with Program rules or risk administrative detoxification from methadone/LAAM. For the purpose of these standards, an infraction means threats of violence or actual bodily harm to staff or another patient, disruptive behavior, community incidents (loitering, diversion of methadone/LAAM, sale or purchase of drugs), continued unexcused absences from counseling and other serious rule violations. Patients may also be discharged for failure to benefit from the Program (see § XEOL B. 13). When a Program determines to discharge a patient, the Program shall provide a written statement containing:
Program vicinity, and the provision of educational material to the immediate community regarding methadone/LAAM treatment.
In an effort to maintain quality care, the Program shall develop a training plan for personnel that fosters consistency of care in accordance with rapidly evolving knowledge in the methadone/LAAM treatment field. Treatment staff shall receive training necessary to become certified/licensed or to maintain certification/licensure as appropriate to their position. In addition, the Program shall develop a method of rapidly disseminating information about pharmacological issues and other advances in the field.
Decisions regarding a patient's treatment by staff are subject to appeal. The Program shall develop appeal procedures that allow direct appeal to the State Authority. The State Authority shall approve these procedures. In addition, procedures shall include a provision that a central file of patient appeals be maintained at the Program site for review by the State Authority staff. The Program shall post a list of patient rights in a conspicuous place.
Failure of the Program to adhere to Food and Drug Administration or Drug Enforcement Administration regulations or Standards of the State Authority may result in revocation of accreditation and closure of the Program.
The State Authority shall report Programs recommended for closure to the Federal Drug Administration for revocation of the right to receive shipments of narcotic drugs in accordance with 21 CFR, 291.505(h).
Programs licensed by the State Authority for the dispension of Methadone will also receive permission to dispense Levomethadyl Acetate Hydrochloride (LAAM).
Standards specific to LAAM dispension are:
007.25.95 Ark. Code R. 005