Current through Register Vol. XLI, No. 50, December 13, 2024
Section 69-7-10 - For-Cause Inspections; Complaints10.1. The secretary may at any time inspect an opioid treatment program for cause if the secretary has received a complaint about the program or has reason to believe that the program may be operating in violation of federal or state opioid treatment standards; may be providing substandard treatment or may be serving as a possible source of diverted medications.10.2. Any person may file a complaint with the secretary alleging violation of applicable laws, rules, or policies by an opioid treatment program. A complaint shall identify the opioid treatment program by name and state the nature of the complaint.10.3. The secretary may conduct unannounced inspections of an opioid treatment program named in a complaint and any other investigations deemed necessary to determine the validity of a complaint.10.4. At the time of any on-site investigation activities, the investigator shall notify the program sponsor or administrator of the general reason for the investigation.10.5. Within ten working days of the investigation, the secretary shall provide to the program sponsor or administrator a written report of the results of the investigation. The report shall specify any deficiency found and the rule that forms the basis for the violation.10.6. The secretary may permit the opioid treatment program to develop a plan of correction to address any noted violations or deficiencies. The secretary may advise and consult with the program sponsor, administrator or other personnel with the opioid treatment program in order to assist with a plan of correction.10.7. The secretary may take disciplinary measures, impose a fine, suspend or revoke a license or take such other action as deemed appropriate to address any violations or deficiencies. In the event the secretary determines that the continued operation of the opioid treatment program is a threat to the health, welfare and safety of its patients or employees, the secretary may issue an order immediately closing the facility pursuant to applicable administrative procedures.10.8. The secretary shall provide to the complainant a description of any corrective action the opioid treatment program is required to take and of any disciplinary action the secretary may take.10.9. The secretary shall keep confidential any information that could reasonably lead to the identification of a complainant and of any patient involved in the complaint or investigation. The secretary shall not disclose such information without the written consent of the complainant or patient. The secretary shall delete any identifying information before disclosure of investigative information to the public.10.10. If a complaint becomes the subject of a judicial proceeding, nothing in this rule prohibits the disclosure of information that would otherwise be disclosed in judicial proceedings.10.11. The secretary may suspend or revoke a license of an opioid treatment program for violating the prohibitions of this section.