[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR78.2]



[Page 280]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 78_CONDITIONS FOR WAIVER OF DENIAL OF FEDERAL BENEFITS--Table of 

Contents

 

Sec.  78.2  Definitions.



    For the purposes of denying Federal benefits under 21 U.S.C. 853a:

    (a) Deemed to be rehabilitated means that an individual has 

abstained from the illicit use of a controlled substance for the period 

of at least 180 days immediately prior to and including the date of 

sentencing provided that such abstinence is documented by the results of 

periodic urine drug testing conducted during that period; and provided 

further that such drug testing is conducted using an immunoassay test 

approved by the Food and Drug Administration for commercial distribution 

or, in the case of a State offense, either using an immunoassay test 

approved by the Food and Drug Administration for commercial distribution 

or pursuant to standards approved by the State.

    (b) Long-term treatment program or long-term drug treatment program 

means any drug abuse treatment program of 180 days or more where the 

provider has been accredited by the Joint Commission on Accreditation of 

Health Organizations, the Commission on Accreditation of Rehabilitation 

Facilities, or the Council on Accreditation of Services for Families and 

Children, or licensed or otherwise approved by the State to provide drug 

abuse treatment.



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