DHS 75.59(12)(d)3.
3. At a hearing, the service bears the burden of proving, by a preponderance of the evidence, that the alleged violation occurred.
DHS 75.59(12)(d)4.
4. The patient shall be entitled, upon request, to examine any documentary evidence in the possession of the service that pertains to the subject matter of the hearing.
DHS 75.59(12)(d)5.
5. The patient shall be entitled to call his or her own witnesses and to question any adverse witnesses.
DHS 75.59(12)(d)6.
6. The service shall make an audio recording of the hearing. The patient may also make an audio recording of the hearing at the patient's expense.
DHS 75.59(12)(d)7.
7. The hearing officer shall make a decision within 7 business days after the hearing and will base the decision solely upon the information presented at the hearing. The decision shall be based upon the services policy and procedures in effect and posted at the time of the violation.
DHS 75.59(12)(d)8.
8. The hearing officer shall issue the decision in writing, and shall provide the patient or and patient's representative, or both, with a copy of the decision. The decision shall include an explanation of the reasons for the decision, and instructions explaining how to file an appeal of an adverse decision to the department. The instructions shall inform the client that the client's written request for an appeal constitutes the client's consent to release information to the department.
DHS 75.59(12)(e)1.
1. A patient has the right to appeal an adverse decision of a hearing officer to the department's client rights office. The patient must request this appeal in writing to the department within 3 business days following the receipt of the adverse decision. This request must be postmarked within the 3 business day time frame. The patient's written appeal shall contain the patient's argument in support of the appeal. The department will either affirm or reverse the hearing officer's decision, or remand the decision to a new hearing officer for a new hearing. The decision of the department shall be made as follows in writing:
DHS 75.59(12)(e)1.a.
a. In the case of an emergency termination, the department shall decide within one business day of receipt of the complete hearing record and written materials submitted by both parties.
DHS 75.59(12)(e)1.b.
b. In the case of a non-emergency termination, the department shall decide within 10 business days of the department's receipt of the complete hearing record and written materials submitted by both parties. A service's failure to submit the complete hearing record will result in a finding for the patient. The department shall deliver a written decision, outlining the reason(s) for the decision, to the patient, the patient's advocate, and the service. The decision of the department is final.
DHS 75.59(12)(e)2.
2. In the case of a non-emergency termination, if the patient timely appeals the hearing decision, the service may not terminate the client or begin medically supervised withdrawal without first receiving, and ensuring that the client also receives, the department's decision on appeal.
DHS 75.59(12)(f)
(f)
Humane taper. The process of withdrawal from medication for administrative reasons shall be conducted in a humane manner as determined by the service physician, and referral shall be made to other treatment services.
DHS 75.59(13)(a)
(a)
Granting take-home privileges. During treatment, a patient may benefit from less frequent required visits for dosing. This shall be based on an assessment by the treatment staff. Time in treatment is not the sole consideration for granting take-home privileges. After consideration of treatment progress, the service physician shall determine if take-home doses are appropriate or if approval to take-home doses should be rescinded. Federal and State requirements that shall be adhered to by the SOTA and the service are as follows:
DHS 75.59(13)(a)1.
1. Take-home doses are not allowed during the first 30 days of treatment. Patients are expected to attend the service daily. Exception requests may be submitted for review when extenuating circumstances (i.e. pandemic) arise and will be reviewed and a determination made by the SOTA.
DHS 75.59(13)(a)2.
2. Take-home doses shall not be granted if the patient continues to use illicit drugs and if the primary counselor and the treatment team determine that the patient is not making progress in treatment and has continued drug use or legal problems.
DHS 75.59(13)(a)3.
3. Take-home doses shall only be provided when the patient is clearly adhering to the requirements of the service. The patient shall be expected to show responsibility for security and handling of take-home doses.
DHS 75.59(13)(a)4.
4. Service staff shall go over the requirements for take-home privileges with a patient before the take-home practice for self-dosing is implemented. Clinical staff shall require the patient to provide written acknowledgment that all the rules for self-dosing have been provided and understood at the time the review occurs.
DHS 75.59(13)(a)5.
5. Service staff may not use the level of the daily dose to determine whether a patient receives take-home medication.
DHS 75.59(13)(b)
(b)
Treatment team recommendation. A treatment team of appropriate staff in consultation with a patient shall collect and evaluate the necessary information regarding a decision about take-home medication for the patient and make the recommendation to grant take-home privileges to the service physician.
DHS 75.59(13)(c)
(c)
Service physician review. The rationale for approving, denying or rescinding take-home privileges shall be recorded in the patient's case record and the documentation shall be reviewed, signed and dated by the service physician. Physician orders for take-home medication for substance use disorders shall expire every 90 days. The physician shall document how a patient meets all criteria in par.
(d) 1. to
8. within the order for take-home medication and what phase level the patient is at for which medication.
DHS 75.59(13)(d)
(d)
Service physician determination. The service physician shall determine whether, in the service physician's reasonable clinical judgment, the patient has made substantial progress in rehabilitation and can responsibly handle narcotic drugs. In order to make this determination in the affirmative and grant take home privileges, the service physician must consider and attest to all of the following:
DHS 75.59(13)(d)4.
4. The patient is not involved in criminal activity, such as drug dealing and selling take-home doses.
DHS 75.59(13)(d)6.
6. The patient has met the applicable criteria for length of time in treatment provided in pars.
(e) and
(h).
DHS 75.59(13)(d)7.
7. The patient provides assurance that take-home medication will be safely stored in a locked metal box within the home.
DHS 75.59(13)(d)8.
8. The rehabilitative benefit to the patient in decreasing the frequency of service attendance outweighs the potential risks of diversion.
DHS 75.59(13)(e)
(e)
Time in treatment criteria and exceptions. The time in treatment criteria under par.
(h) shall be the minimum time before take-home medications will be considered unless there are exceptional circumstances and the service applies for and receives approval from the designated federal agency and the SOTA for a particular patient.
DHS 75.59(13)(f)
(f)
Individual consideration of request. A request for take-home privileges shall be considered on an individual basis. No request for take-home privileges may be granted automatically to any patient.
DHS 75.59(13)(g)
(g)
Additional criteria for 6-day take-home privilege. When a patient is considered for 6-day take-homes, the patient shall meet the following additional criteria:
DHS 75.59(13)(g)1.
1. The patient is employed, attends school, is a homemaker, or is disabled.
DHS 75.59(13)(g)2.
2. The patient is not known to have used or abused substances, including alcohol, in the previous year.
DHS 75.59(13)(g)3.
3. The patient is not known to have engaged in criminal activity in the previous year.
DHS 75.59(13)(h)1.a.
a. For patient time in treatment starting day 31 through day 90, the patient shall be allowed no more than one take-home dose of medication per week.
DHS 75.59(13)(h)1.b.
b. For patient time in treatment starting day 91 through 180, the patient shall be allowed no more than 2 take-home doses of medication per week.
DHS 75.59(13)(h)1.c.
c. For patient time in treatment starting day 181 through day 270, the patient shall be allowed no more than 3 take-home doses of medication per week.
DHS 75.59(13)(h)1.d.
d. For patient time in treatment starting day 271 through day 365, the patient shall be allowed no more than 4 take-home doses of medication per week.
DHS 75.59(13)(h)1.e.
e. For patient time in treatment starting day 366 through day 730, the patient shall be allowed no more than 6 take-home doses of medication per week.
DHS 75.59(13)(h)1.f.
f. For patient time in treatment starting day 731 through completion of treatment, the patient shall be allowed no more than 13 take-home doses every 2 weeks.
DHS 75.59(13)(h)2.
2. Buprenorphine Oral Products shall be provided on a take-home basis as follows:
DHS 75.59(13)(h)2.a.
a. For patient time in treatment starting day 31 through day 60, the patient shall be allowed no more than 1 take-home dose of medication per week.
DHS 75.59(13)(h)2.b.
b. For patient time in treatment starting day 61 through day 90, the patient shall be allowed no more than 2 take-home doses of medication per week.
DHS 75.59(13)(h)2.c.
c. For patient time in treatment starting day 91 through day 120, the patient shall be allowed no more than 3 take-home doses of medication per week.
DHS 75.59(13)(h)2.d.
d. For patient time in treatment starting day 121 through day 240, the patient shall be allowed no more than 4 take-home doses of medication per week.
DHS 75.59(13)(h)2.e.
e. For patient time in treatment starting day 241 through day 365, the patient shall be allowed no more than 6 take-home doses of medication per week.
DHS 75.59(13)(h)2.f.
f. For patient time in treatment starting day 366 through completion of treatment, the patient shall be allowed no more than 13 take-home doses every 2 weeks.
DHS 75.59(13)(i)
(i)
Denial or rescinding of approval. A service shall deny or rescind approval for take-home privileges for any of the following reasons:
DHS 75.59(13)(i)3.
3. The absence of laboratory evidence of FDA-approved narcotic treatment in test samples, including serum levels.
DHS 75.59(13)(j)1.1. The service physician shall review the status of every patient provided with take-home medication at least every 90 days and more frequently if clinically indicated.
DHS 75.59(13)(j)2.
2. The service treatment team shall review the merits and detriments of continuing a patient's take-home privilege and shall make appropriate recommendations to the service physician as part of the service physician's 90-day review.
DHS 75.59(13)(j)3.
3. Service staff shall use biochemical monitoring to ensure that a patient with take-home privileges is not using illicit substances and is consuming the FDA-approved narcotic provided.
DHS 75.59(13)(j)4.
4. Service staff may not recommend denial or rescinding of a patient's take-home privilege to punish the patient for an action not related to meeting requirements for take-home privileges.
DHS 75.59(13)(k)
(k)
Reduction of take-home privileges or requirement of more frequent visits to the service. DHS 75.59(13)(k)1.
1. A service may reduce a patient's take-home privileges or may require more frequent visits to the service if the patient inexcusably misses a scheduled appointment with the service, including an appointment for dosing, counseling, a medical review or a psychosocial review or for an annual physical or an evaluation.
DHS 75.59(13)(k)2.
2. A service shall reduce a patient's take-home privileges or may require more frequent visits to the service if the patient shows positive results in drug test analysis for morphine-like substances or substances of abuse or if the patient tests negative for the narcotic drug administered or dispensed by the service.
DHS 75.59(13)(L)
(L)
Reinstatement. A service shall not reinstate take-home privileges that have been revoked until:
DHS 75.59(13)(L)1.
1. The patient has had at least 3 consecutive tests or analyses that are neither positive for morphine-like substances or substances of abuse, or negative for the narcotic drug administered or dispensed by the service. The tests must be at least one week apart.
DHS 75.59(13)(L)2.
2. The service physician determines that the patient can responsibly handle narcotic drugs.
DHS 75.59(13)(m)1.1. A patient receiving a 6-day supply of take-home medication or more who has a test or analysis that is confirmed to be positive for a substance of abuse or negative for the narcotic drug dispensed by the service shall be placed on clinical probation for 3 months.
DHS 75.59(13)(m)2.
2. A patient on 3-month clinical probation who has a test or analysis that is confirmed to be positive for a substance of abuse or negative for the narcotic drug administered or dispensed by the service shall be required to attend the service at least twice weekly for observation of the ingestion of medication, and may receive no more than a 3-day take-home supply of medication.
DHS 75.59(13)(n)
(n)
Employment-related exception to 6-day supply. A patient who is employed and working on Saturdays may apply for an exception to the dosing requirements if dosing schedules of the service conflict with working hours of the patient. A service may give the patient an additional take-home dose after verification of work hours through pay slips or other reliable means, and following approval for the exception from the SOTA and the designated federal agency.
DHS 75.59(14)(a)
(a)
Exception requests. A service may submit a request to the designated federal authority and the SOTA for an exception to certain take-home requirements for a particular patient if, in the reasonable clinical judgment of the service physician, any of the following conditions is met:
DHS 75.59(14)(a)1.
1. The patient has a physical disability that interferes with his or her ability to conform to the applicable mandatory schedule. The patient may be permitted a temporarily or permanently reduced schedule provided that she or he is found under par.
(c) to be responsible in handling narcotic drugs.
DHS 75.59(14)(a)2.
2. The patient, because of an exceptional circumstance such as illness, personal or family crisis, travel or other hardship, is unable to conform to the applicable mandatory schedule. The patient may be permitted a temporarily reduced schedule, provided that she or he is found under par.
(c) to be responsible in handling narcotic drugs.
DHS 75.59(14)(b)
(b)
Rationale for exception. The program physician or program personnel supervised by the program physician shall record the rationale for an exception to an applicable mandatory schedule in the patient's case record. A patient may not be given more than a 14-day supply of narcotic drugs at one time.
DHS 75.59(14)(c)
(c)
Exception criteria. The service physician's judgment that a patient is responsible in handling narcotic drugs shall be supported by information in the patient's case file that the patient meets all of the following criteria:
DHS 75.59(14)(c)1.
1. Absence of recent abuse of narcotic or non-narcotic drugs including alcohol.
DHS 75.59(14)(c)5.
5. Stability of the patient's home environment and social relationships.
DHS 75.59(14)(c)7.
7. Assurance that take-home medication can be safely stored within the patient's home.
DHS 75.59(14)(c)8.
8. The rehabilitative benefit to the patient derived from decreasing the frequency attendance outweighs the potential risks of diversion.
DHS 75.59(14)(d)1.1. Any exception to the take-home requirements is subject to approval of the designated federal agency and the SOTA. Both the designated federal agency and the SOTA must approve the exception. If one does not approve then the exception is considered denied.
