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Congressional Research Service
Informing the legislative debate since 1914


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                                                                                           Updated June 12, 2019

Opioid Treatment Programs and Related Federal Regulations


The use of opioid medications to treat opioid addiction is
subject to federal regulations beyond those that apply to the
same medications used for other purposes (e.g., treating
pain). The medications methadone and buprenorphine are
both opioids; their use to treat opioid addiction is often
called opioid substitution therapy, opioid replacement
therapy, or opioid agonist treatment. Federally certified
opioid treatment programs (OTPs)-often called
methadone clinics-offer these opioid medications in
addition to counseling and other services for individuals
addicted to heroin or other opioids. With few exceptions,
the use of methadone to treat opioid addiction is limited to
OTPs; however, physicians who wish to treat opioid
addiction using buprenorphine may obtain a waiver to do so
outside an OTP. A non-opioid medication used in the
treatment of opioid addiction, naltrexone, may be used by
OTPs, physicians with waivers, or anyone with the
authority to write prescriptions.

To understand how OTPs  are regulated, it is helpful to have
some background  information about the medications used
to treat opioid addiction and how each is regulated.

Medication-Assisted Treatment (MAT)

Medication-assisted treatment (MAT) is the combined use
of medication and other services to treat addiction. Three
medications are currently used in MAT for opioid
addiction: methadone, buprenorphine, and naltrexone
(naloxone, a medication used to reverse opioid overdose, is
not used to treat opioid use disorders).

Methadone
Methadone  is a full opioid agonist, meaning it binds to and
activates opioid receptors in the brain. Methadone carries
risk of abuse but is less addictive than some other full
opioid agonists (e.g., heroin). Methadone suppresses
withdrawal symptoms  in detoxification therapy and controls
the craving for opioids in maintenance therapy.

Buprenorphine
Buprenorphine is a partial opioid agonist, meaning it binds
to opioid receptors in the brain and activates them, but not
as much as full opioid agonists. Buprenorphine carries risk
of abuse but is less addictive than methadone. Like
methadone, buprenorphine is used for detoxification and
maintenance therapy.

Naltrexone
Naltrexone is an opioid antagonist, meaning it binds to
opioid receptors but does not activate them; it prevents
opioid agonists from binding to and activating opioid
receptors. Naltrexone carries no known risk of abuse.
Naltrexone is used for relapse prevention because an


individual on naltrexone who uses opioids will not
experience the effects of that opioid.

Regulatory Framework

Two  overlapping systems of federal law apply to MAT for
opioid addiction: one regulating pharmaceuticals and the
other regulating controlled substances.

Federal  Food, Drug,  and Cosmetic   Act  (FFDCA)
Under the Federal Food, Drug, and Cosmetic Act (FFDCA,
21 U.S.C. §§301 et seq.), the Food and Drug
Administration (FDA) in the Department of Health and
Human  Services (HHS) has primary responsibility for
ensuring the safety and effectiveness of pharmaceuticals,
regardless of whether they are controlled substances. See
CRS  Report R41983, How  FDA  Approves Drugs and
Regulates Their Safety and Effectiveness. Methadone,
buprenorphine, and naltrexone are subject to the FFDCA.

Controlled  Substances  Act  (CSA)
Under the Controlled Substances Act (CSA, 21 U.S.C.
§§801 et seq.), the Drug Enforcement Administration
(DEA)  in the Department of Justice (DOJ) has primary
responsibility for regulating the use of controlled
substances for legitimate medical, scientific, research, and
industrial purposes, and for preventing these substances
from being diverted for illegal purposes. See CRS Report
R45164, Legal Authorities Under the Controlled
Substances Act to Combat the Opioid Crisis. Methadone
and buprenorphine are controlled under to the CSA.
Naltrexone, which carries no known risk of abuse, is not
controlled under the CSA.

As shown  in Table 1, methadone, buprenorphine, and
naltrexone are classified differently under the CSA, which
assigns various plants, drugs, and chemicals to one of five
schedules based on accepted medical use, potential for
abuse, and severity of potential psychological or physical
dependence. Schedule I contains substances that have no
currently accepted medical use and are not available by
prescription (such as heroin). Schedules II, III, IV, and V
include substances that have recognized medical uses and
are progressively less dangerous and addictive.

Table  I. FDA-Approved   Medications for Opioid MAT

  Medication            Class           CSA  Schedule

Methadone        Full Opioid Agonist   II
Buprenorphine    Partial Opioid Agonist Ill
Naltrexone       Opioid Antagonist     none
Source: Prepared by the Congressional Research Service based on
information publicly available from FDA and DEA.


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