Okla. Admin. Code § 450:70-4-8

Current through Vol. 41, No. 19, June 17, 2024

Section 450:70-4-8 - Drug testing

(a) Each OTP shall have written policy and procedure ensuring that an initial drug test is performed for each new person served, including permanent transfers, before the initial or maintenance dose is administered. All drug testing shall be in accordance with all state and federal law and current drug screen standards. Unless federal opioid treatment standards at 42 CFR § 8.12 state otherwise, OTPs must provide drug tests that have received FDA marketing authorization for commonly used and misused substances that may impact safety, recovery, or otherwise complicate treatment. A minimum of eight (8) random drug tests shall be performed each year for each person served, with the exception of persons served with extenuating circumstances which are documented in the clinical record.

(b) Each OTP shall conduct drug testing in accordance with the following:

(1) When a sample is collected from each person served for such test or analysis, it must be done in a manner to produce timely and reliable results.

(2) The OTP must have and follow written procedures for the screening of test samples for all drugs. The procedures shall describe in sufficient detail a plan for collection, storage, handling and analysis of test samples. The procedures shall further describe the program's response to test results that include at least the following:

(A) training for staff members of the importance and relevance of reliable and timely drug abuse test procedures and reports, the purpose of conducting drug tests, and the clinical significance of the results;

(B) A protocol for collection of test samples that minimizes the opportunity for falsification and incorporates the element of randomness;

(C) A protocol for storage of test samples in a secure place to ensure chain of custody and avoid substitution;

(D) A requirement for disclosure of test sample results to the person served and documentation in the clinical record of the response to the test results of the program and person served;

(E) Policy and procedure designed to reduce the negative and/or stigmatizing aspects of drug test collection;

(F) Policy stating that if a person served refuses to provide a test sample, upon request from a staff member, such refusal shall be considered the same as a positive result for illicit drugs. Such refusals shall be documented in the clinical record; and

(G) There shall be no "grace period" allowed. Persons served from which a UA is requested must submit a sample at that time or it will be considered a refusal.

(c) Compliance with 450:70-4-7.8 may be determined by:

(1) A review of policies and procedures,

(2) Treatment records,

(3) Staff training records,

(4) Interviews with staff, and

(5) Other facility documentation.

Okla. Admin. Code § 450:70-4-8

Added at 24 Ok Reg 2634, eff 7-12-07 ; Amended at 30 Ok Reg 1447, eff 7-1-13

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 9/15/2023