|(a) Application. (1) The hospital administrator must submit a complete hospital narcotic drug detoxification treatment application provided by the department, a copy of federal form SMA -162 filed with the Substance Abuse and Mental Health Services Administration (SAMHSA), and a copy of federal form DEA 363 filed with the Drug Enforcement Agency (DEA), to apply for an approved narcotic drug permit for inpatient narcotic drug detoxification. (2) The hospital administrator shall submit to the department the name of the individual (e.g., pharmacist) responsible for receiving and securing supplies of narcotic drugs for the treatment of narcotic addicts. The individuals responsible for supplies of narcotic drugs must be authorized to do so by federal or state law. (3) The hospital administrator shall submit to the department a general description of the hospital including the number of beds, specialized treatment facilities for drug dependence, and nature of patient care undertaken. (4) The hospital pharmacist shall submit to the department the quantity of narcotic drugs anticipated to be used per year for narcotic addiction detoxification treatment. (5) A member of the hospital medical staff shall be named by the administrator or chief of medical staff as the responsible physician for the narcotic drug detoxification treatment. (6) A hospital pharmacy registered by the Texas State Board of Pharmacy must be registered as a narcotic treatment program (NTP) for detoxification by the DEA. (7) A complete application filed in accordance with this subsection for an NTP will be reviewed and evaluated by the department in accordance with §229.281 of this title (relating to Processing Permit Applications Related to Food and Drug Operations). Denial of application shall be in accordance with §229.147 of this title (relating to Denial of Application; Suspension or Revocation of a Narcotic Drug Permit). (b) Fees. (1) A nonrefundable initial fee of $200 must be submitted for each location or each owner with the application for an inspection, evaluation, and processing of the application. An application will not be considered unless the application is accompanied by the initial fee. (2) The nonrefundable renewal fee of $400 shall be submitted by the permit holder to the department by filing a renewal form provided by the department prior to the expiration of the current fee certificate. A program that files a renewal fee after the expiration date must pay an additional $100 as a delinquency fee. The department is authorized to collect fees in amounts determined by the Texas Online Authority to recover costs associated with renewal application processing through Texas Online. A renewal permit shall only be issued when all past due fees and delinquency fees are paid. A fee certificate will be issued for a 24-month period from the expiration date. The department may not issue a permit if the current permit has been suspended, revoked, or surrendered by the permit holder. (3) A status report must be submitted to the department along with the renewal fee. A program that files a current status report after the expiration date must pay a delinquency fee of $250. (c) Permit. (1) A hospital providing treatment to patients with a primary diagnosis of opiate addiction must apply for and be issued an approved narcotic drug permit by the department which shall remain in effect until suspended or revoked by the department or surrendered by the permit holder. (2) An approved narcotic drug permit authorizing the hospital to operate a narcotic drug detoxification treatment program shall be issued subsequent to federal and state approval of the application as required in subsection (a) of this section, and payment of the fee as required in subsection (b) of this section. (3) Failure to pay the fee as required in subsection (b) of this section is grounds for denial of the application, suspension, or revocation of the permit as provided in §229.147 of this title (relating to Denial of Application; Suspension or Revocation of a Narcotic Drug Permit). (4) A hospital must be licensed as a chemical treatment facility under Health and Safety Code, Chapter 464, or have received an exemption from licensure standards from the Texas Commission on Alcohol and Drug Abuse. (5) A permit issued by the department for the operation of an approved narcotic drug detoxification treatment program in a hospital applies both to the hospital owner and to the place where the hospital is to be located. A permit issued by the department is not transferable from one facility to another facility and must be surrendered to the department if the person holding the permit sells or otherwise conveys the facility to another person. (6) If the permit holder sells or otherwise conveys the facility to another person or changes the location of the facility, a new application must be submitted as required in subsection (a) of this section and fees must be paid as required in subsection (b) of this section. When an approved narcotic drug permit is issued to a new permit holder or new location, the permit issued to the previous permit holder and/or location shall be revoked without hearing and must be surrendered to the department by certified or registered mail within 24 hours following receipt of the new approved narcotic drug permit. (7) The approved narcotic drug permit and the current fee certificate must be posted in a conspicuous location within the premises of the NTP. (8) Methadone, or any other drug approved by the United States Food and Drug Administration for the treatment of opiate addiction, are the only drugs which shall be used in hospital inpatient detoxification treatment of patients with opiate addiction.
|Source Note: The provisions of this §229.151 adopted to be effective September 3, 1990, 15 TexReg 4823; amended to be effective September 1, 1992, 17 TexReg 5545; amended to be effective August 28, 1996, 21 TexReg 7845; amended to be effective December 31, 2001, 26 TexReg 10871; amended to be effective January 1, 2005, 29 TexReg 11980