440 Ind. Admin. Code 10-3-8

Current through December 4, 2024

Section 440 IAC 10-3-8 - Penalties and appeals

Authority: IC 12-23-1-6; IC 12-23-18

Affected: IC 4-21.5; IC 12-23-18-5.8

Sec. 8.

(a) The division director may take action if any of the following occurs:

(1) A failure to comply with any local, state, or federal statute, rule, or regulation pertaining to the certification of an opioid treatment facility.

(2) A violation of a local, state, or federal statute, rule, or regulation in the course of the operation of an opioid treatment facility.

(3) A substantive change in the OTP's addiction services provider certification under 440 IAC 4.4.

(4) A substantive change in or termination of an OTP's accreditation.

(5) A substantive change in the OTP's certification under this rule.

(6) A substantive change in or termination of an OTP's specific approval by the division.

(7) Permitting, aiding, or abetting the commission of any illegal act in an OTP facility.

(8) Conduct or practice found by the director to be detrimental to the welfare of an OTP patient.

(b) The division director may take any of the following actions:

(1) Issue a letter of correction to an OTP.

(2) Require the reinspection of an opioid treatment facility.

(3) Issue a notice of conditional status of certification under this rule, as follows:

(A) The time period of a conditional status shall be determined by the division but may not exceed twelve (12) months from the effective date of the conditional status.

(B) The division shall notify the OTP of the following:

(i) The requirements not met.

(ii) The intermediate steps required by the division to meet the requirements in item (i).

(iii) The time period granted by the division to meet the requirements in item (i).

(4) Deny renewal of, or terminate the certification of, an opioid treatment facility.

(5) Impose a civil penalty not exceeding ten thousand dollars ($10,000).

(c) If an opioid treatment facility's certification has been terminated, the division shall notify the following:

(1) The Indiana family and social services administration.

(2) The Indiana department of administration.

(d) IC 4-21.5 applies to an action under this section.

440 IAC 10-3-8

Division of Mental Health and Addiction; 440 IAC 10-3-8; filed Dec 30, 2009, 2:00 p.m.: 20100127-IR-440080412FRA

Readopted filed 5/10/2016, 11:24 a.m.: 20160608-IR-440160134RFA

Readopted filed 11/9/2022, 4:31 p.m.: 20221207-IR-440220292RFA