§ 19-308.11
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/md/health-general/19-308-11·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§19–308.11.
(a)In this section, “medication for opioid use disorder”:
(1)Means a drug approved by the U.S. Food and Drug Administration for the treatment of opioid use disorder; and
(2)Does not include a drug administered to mitigate opioid–related overdose symptoms.
(b)Each hospital shall establish and maintain, as part of its emergency services, protocols and capacity to:
(1)Provide to a patient before discharging the patient appropriate, evidence–based interventions that reduce the risk of subsequent harm and fatality following an opioid–related overdose or a visit for an opioid–related emergency medical condition;
(2)Possess at least one formulation of each U.S. Food and Drug Administration–approved full opioid agonist and partial opioid agonist used for the treatment of opioid use disorder; and
(3)Treat a patient who presents in a hospital emergency department for care and treatment of an opioid–related overdose or opioid–related emergency medical condition with a medication for opioid use disorder if the treatment:
(i)Occurs as recommended by the treating health care practitioner; and
(ii)Is voluntarily agreed to by the patient.
(c)A protocol established by a hospital under this section shall include:
(1)Any requirement by the Department regarding prescribing opioid agonist treatment;
(2)Uniform practices for screening and diagnosing individuals who present with an opioid–related overdose or opioid–related emergency medical condition for an opioid use disorder based on the criteria in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders;
(3)Uniform practices for offering and administering opioid agonist medication to treat an opioid–related overdose or opioid use disorder; and
(4)Uniform practices to identify community–based treatment services that are appropriate for:
(i)Treating opioid use disorders; and
(ii)Assisting patients to voluntarily access ongoing community–based treatment at discharge.
(d)Before discharging a patient who is diagnosed with an opioid use disorder or administered or prescribed medication for opioid use disorder, a hospital shall:
(1)Make a referral of the patient to an appropriate provider or facility for a timely appointment, when possible, to voluntarily continue treatment in the community; and
(2)Work with peer support professionals, as available, or other resources to assist the patient in accessing the identified treatment services.