(A) The director of mental health and addiction services, in accordance with procedures established under division (F)(5) of section 5119.22 of the Revised Code, may do either or both of the following:
(1) Subject to division (B) of this section, issue to a board of alcohol, drug addiction, and mental health services a time-limited waiver of the requirement of section 340.032 of the Revised Code that a community-based continuum of care include all of the essential elements specified in that section;
(2) Subject to division (C) of this section, issue to a board a waiver of the requirement of section 340.033 of the Revised Code that ambulatory detoxification and medication-assisted treatment be included in the array of addiction services and recovery supports for all levels of opioid and co-occurring drug addiction.
(B) The director may not issue a time-limited waiver under division (A)(1) of this section unless the director determines that the board seeking the waiver has made reasonable efforts to include in the community-based continuum of care the essential elements being waived. The waiver shall specify the amount of time for which it is issued and which of the essential elements are waived.
(C) The director may not issue a waiver under division (A) (2) of this section unless the director determines that both of the following apply:
(1) Ambulatory detoxification and medication-assisted treatment can be made available through one or more contracts between the board seeking the waiver and community addiction services providers that are located not more than thirty miles beyond the borders of the service district the board serves;
(2) The amount of time it takes for residents of the service district the board serves to travel to a community addiction services provider that provides ambulatory detoxification and medication-assisted treatment does not impose a significant barrier to successful treatment.
Added by 131st General Assembly File No. TBD, SB 319, §1, eff. 7/1/2017.