LIS

Virginia Law

Administrative Code

Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Once the report is generated you'll then have the option to download it as a pdf, print or email the report.

Virginia Administrative Code
Title 12. Health
Agency 35. Department of Behavioral Health And Developmental Services
Chapter 105. Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services
12/7/2025

12VAC35-105-990. Take-home medication.

A. Determinations for take-home approval shall be based on the clinical judgment of the provider's physician in consultation with the treatment team and shall be documented in the individual's service record. Prior to dispensing regularly scheduled take-home medication, the medical director or opioid treatment practitioner shall ensure the individual demonstrates that the therapeutic benefits of unsupervised doses outweigh the risk as evidenced by the following criteria:

1. Absence of active substance use disorders, other physical or behavioral health conditions that increase the risk of harm as it relates to the potential for overdose, or the ability to function safely;

2. Regularity of attendance for supervised medication administration;

3. Absence of serious behavioral problems that endanger the individual, the public, or others;

4. Absence of known recent diversion activity;

5. Whether take-home medication can be safely transported and stored; and

6. Any other criteria that the medical director or opioid treatment practitioner considers relevant to the individual's safety and the public health.

B. Any individual in comprehensive maintenance treatment who is assessed to be appropriate to handle take-home medication shall undergo continued assessment and management to ensure suitability.

C. If it is determined that an individual in comprehensive maintenance treatment is appropriate for handling take-home medication, including take-home medication for provider closures, the amount of take-home medication shall not exceed:

1. A single take-home dose for one day when the clinic is closed for business, including Sundays and state or federal holidays, for the first seven days of treatment.

2. A maximum of a five-day consecutive supply of take-home doses from eight days of treatment to 30 days of treatment.

3. A maximum of a 14-day supply of take-home doses from 31 days of treatment to 60 days of treatment.

4. A maximum of a 28-day consecutive supply of take-home medication after 60 days of treatment.

D. Exceptions to the take-home schedule in subsection C of this section may be made if approved by the SOTA or designee.

E. No medication shall be dispensed to individuals in short-term withdrawal management treatment or interim maintenance treatment for unsupervised take-home use.

F. Medication for opioid use disorder treatment providers shall maintain current procedures adequate to identify the theft or diversion of take-home medications. These procedures shall require the labeling of containers with the medication for opioid use disorder treatment provider's name, address, and telephone number. Providers shall ensure that the take-home supplies are packaged in a manner that is designed to reduce the risk of accidental ingestion, including child proof containers.

G. The provider shall educate the individual on the safe transportation and storage of take-home medication.

Statutory Authority

§§ 37.2-302 and 37.2-400 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 18, eff. September 19, 2002; amended, Virginia Register Volume 28, Issue 5, eff. December 7, 2011; Volume 39, Issue 11, eff. February 17, 2023; Volume 42, Issue 3, eff. December 1, 2025.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.