Ind. Admin. Code tit. 440, r. 10-3-6 – Relocation of an opioid treatment facility or addiction treatment facility

Sec. 6. (a) Certification of any opioid treatment facility shall not be transferred from one (1) location to another location.

(b) An OTP may not relocate either an opioid treatment facility or an addiction treatment facility to a location outside of the county in which the OTP has obtained the following:

(1) Certification from the division under this rule.
(2) Specific approval from the division under 440 IAC 10-4.

(c) An OTP certified under this article shall notify the division in writing not later than sixty (60) days prior to any of the following:

(1) A change in the location within the same county of an:
1. (A) opioid treatment facility; or
2. (B) addiction treatment facility.
(2) Any change in the treatment services provided at an opioid treatment facility.
(3) The closing of an opioid treatment facility.

(d) Before commencing services, an OTP applicant shall obtain certification and specific approval for the following:

(1) An opioid treatment facility.
(2) A maximum of one (1) addiction treatment facility.

(e) For the relocation within the same county of an opioid treatment facility or an addiction treatment facility, the applicant shall file a separate required form with the division for each facility. The form shall contain the following:

(1) The legal name of the OTP applicant.
(2) The name under which the OTP applicant does business.
(3) The location of the following:
1. (A) The opioid treatment facility.
2. (B) The addiction treatment facility.
3. (C) The county where both are located.
(4) Information regarding fire and safety inspections.
(5) The services to be provided.
(6) The population or populations to be served.

(f) Documentation that the applicant has notified the accreditation body approved by the division and by the United States Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA) of the change in the facility's location.

(g) For the relocation within the same county of an opioid treatment facility, additional documentation shall include the following:

(1) Any license and inspection for the opioid treatment facility, including the following:
1. (A) Any business license, certificate of occupancy, zoning permit, or any other documentation required by local laws for the facility and location.
2. (B) A periodic inspection of security equipment.
3. (C) A periodic inspection of emergency equipment.
4. (D) The OTP applicant's procedures for emergency or disaster preparation.
5. (E) The most recent annual fire inspection report from the appropriate department of jurisdiction.
(2) Documentation showing that the opioid treatment facility has met the requirements of SAMHSA as follows:
1. (A) Has a current certification from SAMHSA.
2. (B) Has the most current federal notification form or forms on file with SAMHSA specifying the following:
  1. (i) The address of the new location.
  2. (ii) The name of the current sponsor.
  3. (iii) The name of the current medical director of the OTP.
(3) Documentation showing that the opioid treatment facility has:
1. (A) met the requirements of the Drug Enforcement Agency (DEA); and
2. (B) a current controlled substances registration certificate from the DEA.
(4) Documentation showing that the opioid treatment facility has a current controlled substance registration certificate issued by the Indiana board of pharmacy.
(5) Any other materials required by statute.

(h) For the addition or relocation of an addiction treatment facility, documentation shall be provided of any license and inspection for the location, including the following:

(1) Any business license, certificate of occupancy, zoning permit, or any other documentation required by local laws for the facility and location.
(2) A periodic inspection of security equipment.
(3) A periodic inspection of emergency equipment.
(4) The OTP applicant's procedures for emergency or disaster preparation.
(5) The most recent annual fire inspection report from the appropriate department of jurisdiction.

(Division of Mental Health and Addiction; 440 IAC 10-3-6; filed Dec 30, 2009, 2:00 p.m.: 20100127-IR- 440080412FRA; readopted filed May 10, 2016, 11:24 a.m.: 20160608-IR-440160134RFA; readopted filed Nov 9, 2022, 4:31 p.m.: 20221207-IR-440220292RFA)