(a) In this section, "medication for opioid use disorder": (1) Means a drug approved by the U.S. Food and Drug Administration for the treatment of opioid use disorder; and (2) Does not include a drug administered to mitigate opioid-related overdose symptoms. (b) Each hospital shall establish and maintain, as part of its emergency services, protocols and capacity to: (1) Provide to a patient before discharging the patient appropriate, evidence-based interventions that reduce the risk of subsequent harm and fatality following an opioid-related overdose or a visit for an opioid-related emergency medical condition; (2) Possess at least one formulation of each U.S. Food and Drug Administration-approved full opioid agonist and partial opioid agonist used for the treatment of opioid use disorder; and (3) Treat a patient who presents in a hospital emergency department for care and treatment of an opioid-related overdose or opioid-related emergency medical condition with a medication for opioid use disorder if the treatment: (i) Occurs as recommended by the treating health care practitioner; and (ii) Is voluntarily agreed to by the patient. (c) A protocol established by a hospital under this section shall include: (1) Any requirement by the Department regarding prescribing opioid agonist treatment; (2) Uniform practices for screening and diagnosing individuals who present with an opioid-related overdose or opioid-related emergency medical condition for an opioid use disorder based on the criteria in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders; (3) Uniform practices for offering and administering opioid agonist medication to treat an opioid-related overdose or opioid use disorder; and (4) Uniform practices to identify community-based treatment services that are appropriate for: (i) Treating opioid use disorders; and (ii) Assisting patients to voluntarily access ongoing community-based treatment at discharge. (d) Before discharging a patient who is diagnosed with an opioid use disorder or administered or prescribed medication for opioid use disorder, a hospital shall: (1) Make a referral of the patient to an appropriate provider or facility for a timely appointment, when possible, to voluntarily continue treatment in the community; and (2) Work with peer support professionals, as available, or other resources to assist the patient in accessing the identified treatment services.
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