Ind. Admin. Code tit. 440, r. 10-4-39 – Conditional status for specific approval of opioid treatment program

Sec. 39. The division shall do the following:

(1) Issue to an OTP a notice of conditional status of the specific approval granted under this rule upon the division's investigation and determination of any of the following conditions:
1. (A) A substantive change in the OTP's accreditation status other than revocation of the accreditation.
2. (B) A failure to do the following:
  1. (i) Renew accreditation within ninety (90) days following the expiration of an OTP's current accreditation.
  2. (ii) Comply with the provisions of section 2 of this rule concerning the requirements for a diversion control plan.
  3. (iii) Comply with this article.
3. (C) Any conduct or practice in the operation of an OTP that is found to be detrimental to the health or welfare of the patients or the staff of the OTP.
4. (D) The physical health or safety of the patients or the staff of the OTP is compromised by a physical or sanitary condition of a physical facility of the OTP.
5. (E) The violation of, or failure to comply with, a federal or state statute, rule, or regulation, including IC 12-23-18, 42 CFR Part 8, or this rule, in the course of the operation of an OTP.
(2) Determine the time period of an OTP's conditional status; provided, however, that the time period may not exceed twelve (12) months from the effective date of conditional status.
(3) Give the OTP written notice of the following:
1. (A) The requirements that the OTP has not met.
2. (B) The intermediate steps required by the division that the OTP shall take in order to meet the requirements in clause (A).
3. (C) The time period granted by the division for the OTP to meet the requirements in clause (A).
(4) Terminate the specific approval of the OTP for a failure to meet the division's requirements in subdivision (3).

(Division of Mental Health and Addiction; 440 IAC 10-4-39; 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)