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

(b)  Registration of a methadone treatmentprogram requires that:

(1)  The methadone treatment program obtain acontrolled substance registration from the State of Hawaii and the DrugEnforcement Administration;

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

(3)  Admission to a methadone treatment program belimited 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 Codeof Federal Regulations Part 291 and Title 42 Code of Federal Regulations Part8;

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

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

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

The term "methadone treatmentprogram" as used in this section means an organization or a person(including a private physician) that administers or dispenses methadone to anarcotic-dependent person for maintenance or detoxification treatment and whoprovides the medical and rehabilitative services required by Title 21 Code ofFederal Regulations Part 291 or Title 42 Code of Federal Regulations Part 8 andis approved to do so by the State and by the United States Substance Abuse andMental Health Services Administration, and who holds a controlled substanceregistration as required by this chapter and the United States Drug EnforcementAdministration to use methadone for the treatment of narcotic-dependentpersons.

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

The term "state authority" as used inthis section means the agency within the State which exercises theresponsibility for governing the treatment of narcotic-dependent persons withthe narcotic drug methadone. [L 1990, c 46, §1; am L 1991, c 159, §13; am L2002, c 165, §4]