§329-40  Methadone treatment programs. 
(a)  Notwithstanding any other provision of law to the contrary, methadone may
be administered or dispensed or both as part of a state-registered and federal
Substance Abuse and Mental Health Services Administration approved methadone
treatment program by a practitioner who is licensed and registered under state
and federal law to administer and dispense methadone for patients or by an
agent of the practitioner, supervised by and under the order of the
practitioner.  The agent must be a pharmacist, registered nurse, or licensed
practical nurse.  The licensed practitioner shall be responsible for the
amounts of methadone administered or dispensed in accordance with Substance
Abuse and Mental Health Services Administration regulations and shall record,
approve, and countersign all changes in dosage schedules.



(b)  Registration of a methadone treatment
program requires that:



(1)  The methadone treatment program obtain a
controlled substance registration from the State of Hawaii and the Drug
Enforcement Administration;



(2)  The medical director of a methadone treatment
program obtain a controlled substance registration from the State of Hawaii and
the Drug Enforcement Administration at the location of the program;



(3)  Admission to a methadone treatment program be
limited to the narcotic-dependent persons as defined in this chapter;



(4)  Unless otherwise stated in this chapter,
admission to a methadone treatment program be in accordance with Title 21 Code
of Federal Regulations Part 291 and Title 42 Code of Federal Regulations Part
8;



(5)  All medical orders including initial medication
orders, all subsequent medication order changes, all changes in the frequency
of take-home medication, and the prescription of additional take-home
medication for emergency situations be authorized by a licensed registered
physician employed by the program;



(6)  Only the medical director or other designated
program physician authorize a patient's admission for treatment in accordance
with Title 21 Code of Federal Regulations Part 291 and Title 42 Code of Federal
Regulations Part 8; and



(7)  Take-home doses of methadone be dispensed to
patients in accordance with Title 21 Code of Federal Regulations Part 291 and
Title 42 Code of Federal Regulations Part 8, but shall not exceed a
fourteen-day supply at any given time nor more than the maximum amount of
take-homes for Levo-alphacetylmethadol (LAAM/Orlamm) that would allow a patient
to be away from the clinic for dosing for more than two weeks unless authorized
by the state authority.



The term "methadone treatment
program" as used in this section means an organization or a person
(including a private physician) that administers or dispenses methadone to a
narcotic-dependent person for maintenance or detoxification treatment and who
provides the medical and rehabilitative services required by Title 21 Code of
Federal Regulations Part 291 or Title 42 Code of Federal Regulations Part 8 and
is approved to do so by the State and by the United States Substance Abuse and
Mental Health Services Administration, and who holds a controlled substance
registration as required by this chapter and the United States Drug Enforcement
Administration to use methadone for the treatment of narcotic-dependent
persons.



The term "narcotic-dependent person"
as used in this section means an individual who physiologically needs heroin or
a morphine-like drug to prevent the onset of signs of withdrawal.



The term "state authority" as used in
this section means the agency within the State which exercises the
responsibility for governing the treatment of narcotic-dependent persons with
the narcotic drug methadone. [L 1990, c 46, §1; am L 1991, c 159, §13; am L
2002, c 165, §4]