N.D. Admin. Code 75-09.1-10-01

Current through Supplement No. 394, October, 2024
Section 75-09.1-10-01 - Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Accreditation" means the process of review and acceptance by an accreditation body.

2. "Accreditation body" means a body that has been approved by the administration under title 42, Code of Federal Regulations, part 8 to accredit opioid treatment programs using opioid agonist treatment medications.

3. "Administration" means the substance abuse and mental health services administration of the United States department of health and human services.

4. "Certification" means the process by which the administration determines that an opioid treatment program is qualified to provide opioid treatment under federal opioid treatment standards.

5. "Certification application" means the application filed by an opioid treatment program for purposes of obtaining certification from the administration, as described in title 42, Code of Federal Regulations, part 8.

6. "Center" means the center for substance abuse treatment within the administration which promotes the quality and availability of community-based substance abuse treatment services to which the administration has delegated certain responsibilities for the certification of opioid treatment programs.

7. "Critical incident" means an event that could have a negative impact on a patient, a patient's family members, or the opioid treatment program or its staff, including an event that involves the loss of life or function, a serious physical or psychological injury, and a medication error.

8. "Detoxification treatment" means the dispensing of an opioid agonist treatment medication in decreasing doses to a patient to alleviate adverse physical or psychological effects incident to withdrawal from the continuous or sustained use of an opioid and to bring the patient to a drug-free state.

9. "Department" means the North Dakota department of human services.

10. "Division" means the division of mental health and substance abuse services of the department.

11. "Division of pharmacologic therapies" means a division of the center, which manages the day-to-day regulatory oversight activities, including supporting the certification and accreditation of opioid treatment programs, necessary to implement title 42, Code of Federal Regulations, part 8, on the use of opioid agonist medications.

12. "Federal opioid treatment standards" means the standards in title 42, Code of Federal Regulations, part 8 that are used to determine whether an opioid treatment program is qualified to engage in opioid treatment and that set forth patient admission criteria.

13. "Health care professional" means a physician assistant or an advanced practice registered nurse working under the medical director's supervision.

14. "Long-term detoxification treatment" means detoxification treatment for longer than thirty days but not in excess of one hundred eighty days.

15. "Maintenance treatment" means the dispensing of an opioid agonist treatment medication at stable dosage levels for a period in excess of thirty days in the treatment of an individual for opioid use disorder.

16. "Medical and rehabilitative services" means services, such as medical evaluations, counseling, and rehabilitative and other social programs such as vocational and educational guidance, and employment placement, intended to help a patient become and remain a productive member of society.

17. "Medical director" means a physician, licensed to practice medicine in the state, who assumes responsibility for administering all medical services performed by the opioid treatment program by whom the medical director is employed, either by performing the services directly or by delegating specific responsibility to authorized opioid treatment program physicians and health care professionals functioning under the medical director's direct supervision.

18. "Medication unit" means a facility established as part of, but geographically separate from, an opioid treatment program from which licensed private medical practitioners or pharmacists dispense or administer an opioid agonist treatment medication or collect biological specimen samples for drug testing or analysis.

19. "Opioid use disorder" reflects compulsive, prolonged self-administration of opioid substances that are used for no legitimate medical purpose or, if another medical condition is present that requires opioid treatment, that are used in doses greatly in excess of the amount needed for that medical condition.

20. "Opioid agonist treatment medication" means any opioid agonist drug that is approved by the United States food and drug administration under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) for use in the treatment of opioid use disorder.

21. "Opioid" means any drug with the natural derivative of opium or synthetic psychoactive substance similar to morphine with capability to create physical dependence.

22. "Opioid treatment" means the dispensing of an opioid agonist treatment medication, and the provision of a comprehensive range of medical and rehabilitative services, when clinically necessary, to an individual to alleviate the adverse medical, psychological or physical effects of an opioid use disorder.

23. "Opioid treatment program" means a program engaged in opioid treatment, which is:

a. Certified as an opioid treatment program by the center;

b. Registered by the United States department of justice, drug enforcement administration under 21 U.S.C. section 823(g);

c. Accredited by an opioid treatment program accreditation body; and

d. Licensed as an opioid treatment program by the division.

24. "Patient" means an individual who undergoes treatment in an opioid treatment program.

25. "Program sponsor" means the person named in the application for certification under title 42, Code of Federal Regulations, part 8 as responsible for the operation of the opioid treatment program.

26. "Short-term detoxification treatment" means detoxification treatment for a period not in excess of thirty days.

27. "Treatment plan" means a plan that outlines for each patient attainable short-term treatment goals that are mutually acceptable to the patient and the opioid treatment program and which specifies the services to be provided and the frequency and schedule for their provision.

N.D. Admin Code 75-09.1-10-01

Amended by Administrative Rules Supplement 2014-352, April 2014, effective April 1, 2014. .

General Authority: NDCC 50-31-08

Law Implemented: NDCC 50-31-08