(1) The program physician shall comply with 42 CFR, § 8.12(i) regarding the dispensing of take-home doses of medication. The program physician shall adhere to the following criteria in determining whether a patient is responsible in handling narcotic drugs:(A) absence of recent abuse of drugs (opioid or non-narcotic), including alcohol;(B) regularity of clinic attendance;(C) absence of serious behavioral problems at the clinic;(D) absence of known recent criminal activity;(E) stability of the patient's home environment and social relationships;(F) length of time in comprehensive maintenance treatment;(G) assurance that take-home medication can be safely stored within the patient's home; and(H) whether the rehabilitative benefit to the patient derived from decreasing the frequency of clinic attendance outweighs the potential risks of diversion of narcotic drugs.(2) Take-home protocol. Regardless of time in treatment, a program physician may deny or rescind the take-home medication privileges of a patient if any of the eight criteria found in subsections (i)(1)(A)-(H) of this section are not met.
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