Home Policy Areas DDAP Provides Updates on Regulatory Suspensions

DDAP Provides Updates on Regulatory Suspensions

Sep 30, 2021

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The Department of Drug and Alcohol Programs (DDAP) sent out guidance on June 14, 2021 regarding three temporary regulatory suspensions granted by the governor’s declaration of a disaster emergency due to the coronavirus pandemic. House Bill 1861, which was signed into law today by Governor Wolf, further extends those regulatory suspensions from September 30, 2021 until March 31, 2022 unless terminated sooner. In addition to the suspensions noted in DDAP’s previous communication, one additional regulatory suspension from the Department of State, also relevant to the field, is added to the chart below and also suspended until March 31, 2022.

Statute/Regulation	Statute/Regulation Purpose	Waiver benefit/explanation
28 Pa. Code § 715.16(e)	Prohibits narcotic treatment programs (NTPs–methadone clinics) from permitting a patient to receive more than a 2-week take-home supply of medication.	In response to COVID-19, SAMHSA is allowing up to 28 days of take-home medications for patients on stable dosages, if the physician deems appropriate.
28 Pa. Code § 715.9(a)(4)	Requires NTPs to make a face-to-face determination before admission to treatment, for those clients who will receive buprenorphine treatment.	In response to COVID-19, SAMHSA is allowing initial evaluations for a patient who will be treated with buprenorphine to be completed via telehealth.
28 Pa. Code § 715.6(d)	Requires NTPs to have narcotic treatment physician services onsite.	In response to COVID-19, SAMHSA is allowing initial evaluations for a patient who will be treated with buprenorphine to be completed via telehealth.
49 Pa. Code § 16.92(b)(1) (Department of State)	Before a patient can be prescribed any controlled substance in Pennsylvania, a person licensed to practice medicine and surgery in the commonwealth, or otherwise licensed or regulated by the State Board of Medicine, must take an initial medical history and conduct an initial physical examination, unless emergency circumstances justify otherwise.	In response to COVID-19, the Department of State suspended the initial medical history and physical examination requirement specifically for the treatment of opioid-use disorder with buprenorphine.