DHS 75.58 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22; (2) (a) (title) created under s. 13.92 (4) (b) 2., Stats., and correction in (2) (b) 3. made under s. 35.17, Stats., Register October 2021 No. 790.

DHS 75.59(1)(1) Service description. In this section, “opioid treatment program,” or “OTP,” means a service that provides for the management and rehabilitation of persons with an opioid use disorder through the use of methadone and other FDA-approved medications for the treatment of persons with an opioid use disorder, and also provides a broad range of medical and psychological services, substance use counseling and social services. OTPs shall provide adequate medical, counseling, vocational, educational, and other assessment and treatment services. These services must be available at the primary facility, except where the program sponsor has entered into a formal, documented agreement with a private or public agency, organization, practitioner, or institution to provide these services to patients enrolled in the OTP. The program sponsor, in any event, must be able to document that these services are fully and reasonably available to patients. An OTP is subject to the oversight of the SOTA.

DHS 75.59(2)(2) Requirements. To receive certification from the department under this chapter, an OTP shall comply with all requirements included in subch. IV, as applicable, be certified under and follow all requirements included in s. DHS 75.50, and the requirements of this section. If a requirement in this section conflicts with an applicable requirement in subch. IV or s. DHS 75.50, the requirement in this section shall be followed.

DHS 75.59(3)(3) Definitions. In this section:

DHS 75.59(3)(b)(b) “Central registry” means an organization that obtains patient identifying information from 2 or more OTPs about individuals applying for maintenance treatment or detoxification treatment for the purpose of preventing an individual’s concurrent enrollment in more than one program.

DHS 75.59(3)(d)(d) “Guest dose” means administration of a medication used for the treatment of opioid addiction to a person who is not a client of the program that is administering or dispensing the medication.

DHS 75.59(3)(e)(e) “Initial dosing” means the first administration of methadone or other FDA-approved medication for the treatment of opioid use disorder to relieve a degree of withdrawal and drug craving of the patient.

DHS 75.59(3)(h)(h) “Medically-supervised withdrawal” means dispensing, administering, or prescribing of an FDA-approved medication for the treatment of opioid use disorder in gradually decreasing doses to alleviate adverse physical or psychological effects incident to withdrawal from the continuous or sustained use of opioid drugs. The purpose of medically supervised withdrawal is to bring a patient maintained on maintenance medication to a medication-free state within a target period.

DHS 75.59(3)(i)(i) “Medication unit” means a facility established as part of a service but geographically separate from the service, from which licensed private practitioners and community pharmacists are:

DHS 75.59(3)(L)(L) “Patient identifying information” means the name, address, social security number, photograph or similar information by which the identity of a patient can be determined with reasonable accuracy and speed, either directly or by reference to other publicly available information.

DHS 75.59(3)(n)(n) “Potentiation” means the increasing of potency and, in particular, the synergistic action of two or more drugs which produces an effect that is greater than the effect of each drug used alone.

DHS 75.59(3)(p)(p) “Service physician” means a physician licensed to practice medicine in the jurisdiction in which the service is located, and knowledgeable in addiction treatment, who assumes responsibility for the administration of all medical services performed by the OTP including ensuring that the service is in compliance with all federal, state and local laws relating to medical treatment of an opioid use disorder with an FDA approved medication for the treatment of an opioid use disorder.

DHS 75.59(3)(q)(q) “Program sponsor” means the person named in the application for certification described in 42 CFR 8.11 (b) who is responsible for the operation of the OTP and who assumes responsibility for all its employees, including any practitioners, agents, or other persons providing medical, rehabilitative, or counseling services at the program or any of its medication units. The program sponsor need not be a licensed physician but shall employ a licensed physician for the position of medical director. The program sponsor is responsible for ensuring the service is in continuous compliance with all federal, state, and local laws and regulations.

DHS 75.59(3)(r)(r) “State opioid treatment authority” (SOTA) means the subunit of the department designated by the governor to exercise the responsibility and authority in this state for governing the treatment of a narcotic addiction with a narcotic drug.

DHS 75.59(3)(s)(s) “Take-homes” means medications such as methadone that reduce the frequency of a patient’s service visits and with the approval of the service physician, are dispensed in an oral form and are in a container that at a minimum discloses the treatment service name, address and telephone number and the patient’s name, the dosage amount and the date on which the medication is to be ingested.

DHS 75.59(3)(t)(t) “Treatment contracting” means an agreement developed between the primary counselor or the clinic director and the patient in an effort to allow the patient to remain in treatment on condition that the patient adheres to service rules.