March 12, 2025

On February 18, 2025, the New Jersey Department of Health (DOH) issued a waiver to align state rules for opioid treatment programs (OTPs) with recently established federal regulations for OTPs and methadone clinics. The goal is to reduce duplicate requirements for behavioral health programs and facilitate access to addiction treatment and medications for individuals with opioid use disorder (OUD). The state is working with statewide OTPs during the transition to the new standards.

The key changes affect the following aspects of treatment:

• Counseling and treatment phases: The waiver removes phase-based counseling and staff-to-consumer ratios, which is anticipated to offer OTPs more flexibility to provide counseling based on consumer needs. These changes ensure OTPs can comply with the federal rules which prohibit the denial of medication-assisted treatment based on an individual’s refusal of counseling services.
• Take-home medication: The waiver removes the requirements that take-home doses be determined based on a defined “phase” of treatment, aligning with the federal rule and best practices for expanding access to take-home medication. This includes up to a seven-day take-home supply during the first 14 days of treatment. 
• Telehealth: The waiver includes clarification on telehealth services at OTPs. OTPs may use telehealth/telemedicine for screenings and evaluations, including at induction.  

The waiver also addresses various treatment and administrative procedures, including those concerning drug screening, qualifications of the medical director, requirements for pharmacy and nursing services, and discharge policies. In particular, it waives the requirement that the medical director or designee be American Society of Addiction Medicine (ASAM) certified or have at least one year of experience in addiction medicine, and instead aligns with the federal rules.

A link to the full text of “New Jersey Department Of Health Waiver For Opioid Treatment Programs” is in the OPEN MINDS Circle Library at https://openminds.com/market-intelligence/resources/021825njotpwaiver/.