Regulations that would allow existing providers of medication for addiction treatment to add a mobile component to their services have been released for a 30-day public comment period, beginning October 21. As defined in current regulations, medication assisted treatment (sometimes referred to as medication for opioid use disorder) is the use of U.S. Food and Drug Administration approved medications in combination with counseling and behavioral therapies to provide treatment of substance use disorders. Medication-assisted treatment includes medications for opioid use disorder as well as medications for treatment of alcohol use disorder.
The proposed regulations (which are posted at this link) are intended to incorporate changes made to federal regulations by the Drug Enforcement Administration (DEA), which will now allow providers who are currently authorized to dispense methadone for opioid use disorder to add a mobile component to their existing services, with approval from the DEA. Department of Behavioral Health and Developmental Services (DBHDS) staff have indicated that at least one provider is interested in offering this service in Virginia.
Under current law dealing with license applications for MAT provided at bricks-and-mortar locations, the Commissioner of Behavioral Health and Developmental Services, upon receiving notice of an initial license application by a prospective provider, must notify the local governing body and the local Community Services Board regarding the application and the facility’s proposed location. The local governing body and the CSB must submit comments within 30 days, and must notify the Commissioner regarding the applicant’s compliance with any applicable local ordinances.
The proposed regulations would allow currently-licensed bricks-and-mortar providers to add a mobile services component. The regulations add a definition of “mobile medication assisted treatment program” to existing regulations; stipulate that each mobile medication assisted treatment program would operate as a component of a licensed medication assisted treatment location and be listed on the provider’s license addendum; and incorporate certain safety requirements regarding physical security and record keeping.
DBHDS has explained to VACo staff that it intends to implement the following requirements for providers who wish to offer mobile MAT services:
- DBHDS will require proof that providers have received approval from the Drug Enforcement Administration for additional site locations and that providers have informed the local governing body and the local Community Services Board of the locations where they intend to provide services.
- Providers must document the locality’s response to the proposed service locations and communicate that response to DBHDS. Providers will be given a standard form for a locality to use to submit any concerns or complaints to DBHDS.
- Providers must report to DBHDS that the locations where services are intended to be provided are in compliance with all local laws and regulations, to include zoning ordinances.
VACo would be interested in members’ feedback on the proposed regulations.
VACo Contact: Katie Boyle