§300y–11 Interim Maintenance Treatment

Summary

Requires the Secretary to allow public or nonprofit drug treatment programs to give methadone to people who either meet a program’s admission rules or who ask to join a program but cannot get in for 14 or more days. While people wait for full treatment, programs may give methadone with only basic extra services. The Secretary does not have to do this if most scientific research shows that IV drug use barely spreads HIV, or that supervised methadone does not help reduce heroin or similar drug dependence, or if most methadone programs already admit people within 14 days. The Secretary must consult the National Commission on Acquired Immune Deficiency Syndrome when checking those facts. The Secretary must write rules, after consulting that Commission, that set conditions for programs to get permission to provide this interim care. The rules must include steps to stop illegal methadone use, require counseling on how to avoid and not spread HIV, and require a State public health chief to certify they do not object and that offering interim services will not lower the State’s regular treatment capacity. Definitions: interim maintenance services — giving methadone while a person waits for full treatment; HIV disease — infection with the agent that causes AIDS; treatment program — a public or nonprofit program for heroin or similar drug dependence. The final rule must be effective by the end of the 180-day period beginning July 10, 1992; if the Secretary misses that deadline, the proposed rule of March 2, 1989 (docket 88N–0444; 54 Fed. Reg. 8973 et seq.) becomes the final rule.