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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Rule 5122-40-02 | State opioid treatment authority.


The department shall designate an individual within the department to serve as the state authority to provide technical assistance to opioid treatment programs and the state oversight authority. The powers and duties of the state authority include, but are not limited to, the following:

(A) Assist in the development and implementation of rules, regulations, standards and best practice guidelines to assure the quality of services delivered by opioid treatment programs.

(B) Act as a liaison between relevant state and federal agencies.

(C) Review opioid treatment guidelines, rules, regulations and recovery models for individualized treatment plans of care developed by the federal government and other nationally recognized authorities approved by the department.

(D) Coordinate initial licensure between the department and other licensing, accrediting, and certifying entities as required in this paragraph.

(E) Assure delivery of technical assistance and informational materials to opioid treatment programs as needed.

(F) Perform both scheduled and unscheduled site visits to opioid treatment programs in cooperation with the identified state oversight office when necessary and appropriate.

(G) Consult with the federal government regarding approval or disapproval of requests for exceptions to federal regulations, where appropriate.

(H) Receive and refer patient appeals and grievances to the designated state oversight agency when appropriate.

(I) Review program monitoring activities pursuant to rule 5122-40-08 of the Administrative Code.

(J) Review diversion control plan pursuant to rule 5122-40-10 of the Administrative Code

(K) Review opioid treatment programs disaster planning efforts pursuant to rule 5122-40-12 of the Administrative Code.

(L) Review opioid treatment programs evaluation activities efforts pursuant to rule 5122-40-13 of the Administrative Code.

(M) Work cooperatively with other relevant state agencies to determine the services needed and the location of a proposed opioid treatment program.

(N) Notify the substance abuse and mental health services administration, the United States drug enforcement administration, the Ohio board of pharmacy, and the Ohio medical board of any official action taken against an opioid treatment program.

(O) The state authority shall approve medication exception requests for opioid treatment programs operated by the department of veterans affairs, the Indian health service or any other department or agency of the United States.

Supplemental Information

Authorized By: 5119.391
Amplifies: 5119.391
Five Year Review Date: 5/27/2023
Prior Effective Dates: 7/1/2001, 10/1/2003, 6/1/2017