Citations Affected: IC 12-23-18-2.5.
Synopsis: Opioid treatment programs. Requires an opioid treatment
program to: (1) provide a pregnancy test to female patients who are
applying for or receiving treatment in the program; (2) prohibit a
pregnant woman from participating in the program; and (3) make
certain referrals for a patient who has a positive pregnancy test.
Effective: July 1, 2011.
January 12, 2011, read first time and referred to Committee on Public Health.
A BILL FOR AN ACT to amend the Indiana Code concerning
(1) a controlled substance other than a drug for which the patient has a prescription or that is part of the patient's treatment plan at the opioid treatment program; or
(2) an illegal drug other than the drug that is part of the patient's treatment plan at the opioid treatment program;
the opioid treatment program and the patient must comply with the requirements under subsection (c).
(c) If a patient tests positive under a test for a controlled substance or illegal drug that is not allowed under subsection (b), the following conditions must be met:
(1) The opioid treatment program must refer the patient to the onsite physician for a clinical evaluation that must be conducted not more than ten (10) days after the date of the patient's positive test. The physician shall consult with medical and behavioral staff to conduct the evaluation. The clinical evaluation must recommend a remedial action for the patient that may include discharge from the opioid treatment program or amending the treatment plan to require a higher level of supervision.
(2) The opioid treatment program may not allow the patient to take any opioid treatment medications from the treatment facility until the patient has completed a clinical assessment under subdivision (1) and has passed a random test. The patient must report to the treatment facility daily, except when the facility is closed, until the onsite physician, after consultation with the medical and behavioral staff, determines that daily treatment is no longer necessary.
(3) The patient must take a weekly random test until the patient passes a test under subsection (b).
(d) An opioid treatment program must conduct all tests required under this section in an observed manner to assure that a false sample is not provided by the patient.
(e) An opioid treatment program may not allow a pregnant woman to participate in the program. If a pregnancy test conducted under subsection (a)(9) for a patient tests positive, the opioid treatment program shall do the following:
(1) Prohibit the patient from participating or continuing to participate in the program for the term of the pregnancy.
(2) Refer the patient to a health care provider for prenatal care and other medical assistance.