Regulation of Controlled Substances · 4/2/2019 · If CS: name, quantity, dosage, (indications...
Transcript of Regulation of Controlled Substances · 4/2/2019 · If CS: name, quantity, dosage, (indications...
Regulation ofControlled Substances
Confronting the Opioid Abuse Epidemic
Kate Goldblum, MSN, FNP-BCApril 2, 2019
Disclosures
No financial conflictsNo discussion of off-label use
State Regulations(NM Board of Nursing)
Describe key elements of Rule 9: Management of Chronic Pain With CS
Definitions (e.g., chronic pain)Criteria (“rules”) for prescriptive practices consistent with appropriate pain treatmentRequirements regarding Prescription Monitoring Program (PMP) participationRequirement for non-cancer pain management (NCPM) CERequirements for HCP treated with opiates
State Regulations(NM Board of Pharmacy)
Identify elements of the NM Board of Pharmacy PMP applicable to APRNs who prescribe opioids
PMP account registrationUse of delegates to access PMPControlled Substance Registration (CRS)
Federal Regulations
Discuss federal controlled substance regulations relevant to opioid prescribing
Initial determination & changes to specific drugs’ schedules (I, II, III, IV or V)Administrative & enforcement provisions of the Controlled Substance Act (CSA)Resources for accurate information regarding federal regulations
State RegulationsNew Mexico Board of Nursing
Management of Chronic Pain With Controlled Substances
Rule 9 (16.12.9 NMAC)
Pain Relief Act Amendment
Amended 1999 Act in 2012Affected all boards with jurisdiction over health care providers
Licensed to provide health careWith prescriptive authority
Expanded & clarified evidentiary requirements for disciplinary actionCreated the Advisory CouncilRequired NCPM CE for licensed health care providers with DEA registration & controlled substance licensure
Pain Relief Act Amendment
The Advisory Council
Includes representatives from a number of statewide professional organizations (including NMNPC) & other health care stakeholdersMeets at least quarterly & is administratively attached to the Department of Health (DOH)
Advisory Council Duties
Reviews prescription drug misuse & overdose prevention in NM & at the national levelReviews current pain management practices in NM & pain management standards at the national levelMakes recommendations for pain management & clinical guidelines
Rules Part 9
Amended to comply with the new requirements in 2012 Pain Relief ActAmended again in 2017 & 2018 –addressed
Requirements of 2016 SB0263Concerns raised by NMNPC re: original CE requirements
NCPM CE Issues
Redundancy in bi-annual CE1/3 of entire pharmacology CE requirementCouldn’t offer non-pharmacologic content to meet the CE requirement
Goal of NCPM CE is to reduce abuse, addiction & overdoseCurrent CDC guidelines: nonopioid, nonpharmacologic treatments preferred
Part 9
Sections 1-7: housekeepingSection 8: rules regarding Rx practicesSection 9: PMP requirementsSection 10: CE requirementsSection 11: notification requirementsSection 12: requirements for APRNs, RNs& LPNs treated with opiates
Part 9 (16.12.9)Management of Chronic Pain with Controlled Substances
Section 8 – The Rules
Criteria used by the BON to determine if prescriptive practices are consistent with appropriate pain treatment
A, B, D, E & F address general prescriptive practicesC addresses CS prescribing for chronic pain management & includes 8 specific compliance items
Part 9 (16.12.9.8)Management of Chronic Pain with Controlled Substances
A: Legitimate Practice
Treatment of pain with various medicines (including CS) is legitimate
In usual course of professional practiceDoes not preclude treatment of legitimate pain if addicted, physically dependent or tolerant but must monitor closely & document precisely
Part 9 (16.12.9.8)Management of Chronic Pain with Controlled Substances
B: NCPM RequirementsPain management should include
Contractual agreementUse of drug screens before & during treatmentReferral for consultation & appropriately timed re-evaluation if provider identifies misuse concerns
Part 9 (16.12.9.8)Management of Chronic Pain with Controlled Substances
C: CS Appropriateness
Appropriate to prescribe, order, administer or dispense CS to manage chronic pain if compliant with 8 specific guidelines
Part 9 (16.12.9.8)Management of Chronic Pain with Controlled Substances
C1 History & Physical
IncludeEvaluation of psychological & pain statusPrior history of significant painPast history of alternate treatment for painPotential for substance abuseComorbiditiesIndication or contraindications for CS use
Part 9 (16.12.9.8)Management of Chronic Pain with Controlled Substances
C2 Tools & Tx Modalities
Be familiar with & use screening tools & a spectrum of treatment modalitiesConsider integrative approach with
Part 9 (16.12.9.8)Management of Chronic Pain with Controlled Substances
AcupuncturistChiropractorDOMExercise physiologistMassage therapist
PharmacistPhysical therapistPsychiatristPsychologistOther APRNs
C3 Written Plan
Tailor to individual needs (consider age, gender, culture & ethnicity)Include stated objectives to evaluate treatment (é’d function, degree of pain relief, etc.)Include statement of need for further testing, consultation, referral, other Tx
Part 9 (16.12.9.8)Management of Chronic Pain with Controlled Substances
C4 Pain Relief Plateaus
If pain relief “plateaus” on CS, treatment plan should include evaluation of continuing or tapering therapy
Part 9 (16.12.9.8)Management of Chronic Pain with Controlled Substances
C5 Education
Discuss risks & benefits of CS use with patient, surrogate or guardianDocument education & discussion in patient’s record
Part 9 (16.12.9.8)Management of Chronic Pain with Controlled Substances
C6 Record Maintenance
Complete & accurate records of care provided & drugs prescribedIf CS: name, quantity, dosage, (indications for use if opioid)If CS for chronic NCP – written agreement outlining pt responsibilities including 1 practitioner 1 pharmacy
Part 9 (16.12.9.8)Management of Chronic Pain with Controlled Substances
C7 Monitoring
Periodically review (at least q 3 months)Course of treatment, state of health, new information on etiology of painConsult as indicated with professional experienced in chronic pain
Drug screening expected when factors suggest é’d risk of misuse or diversion
Part 9 (16.12.9.8)Management of Chronic Pain with Controlled Substances
C8 Rx Not Required
Not required to prescribe CS if (in your opinion) patient is seeking pain meds for non-medically justified indication
Part 9 (16.12.9.8)Management of Chronic Pain with Controlled Substances
D: Basis for Evaluation
BON evaluation of care based onAppropriate dx & evaluationAppropriate medical indication for treatment prescribedDocumented persistence/change of indicationFU evaluation with appropriate continuity of care
Part 9 (16.12.9.8)Management of Chronic Pain with Controlled Substances
D: Judgment of Validity
Validity of prescribing based on treatment & documentation, not on quantity & chronicity of prescribingGoal is to control pain while addressing physical, psychological, social & work-related functioning
Part 9 (16.12.9.8)Management of Chronic Pain with Controlled Substances
E: Over & Under
BON review will include both over-prescribing & under-prescribingGuiding principle: BON review uses same standard of patient protection in both cases
Part 9 (16.12.9.8)Management of Chronic Pain with Controlled Substances
F: Discipline by BON
Practitioner who appropriately prescribes following 16.12.9.8 will be considered compliant & not subject to discipline by the BoardException: some violation of the NPA, BON rules, Pain Relief Act
Part 9 (16.12.9.8)Management of Chronic Pain with Controlled Substances
PMP Requirements
Intent – balance promotion of safe CS use with need to curtail illegal & harmful activities involving CS
Part 9 (16.12.9.9)Management of Chronic Pain with Controlled Substances
APRNs with DEA & CSL
Register with NM Board of Pharmacy PMP & regularly participate in inquiry & reportingMay authorize delegates to access PMP but APRN must still review & document receipt & review of report
Part 9 (16.12.9.9)Management of Chronic Pain with Controlled Substances
Rx of Controlled Substance
Obtain & review 12-month PMP report before prescribing or dispensing a CS (schedules II-V)
For a period > 4 daysWhen there’s a gap in CS prescription of ≥ 30 daysFrom NM PMP & adjacent states when availableNM PMP connects with Military Health System (MHS) PMP
Part 9 (16.12.9.9)Management of Chronic Pain with Controlled Substances
Rx of Controlled Substance
Review PMP report a minimum of every 3 months during continuous use of CS (schedules II-V)Document report review in patient recordNot needed if ≤ 4 days or if patient in nursing facility or hospice
Part 9 (16.12.9.9)Management of Chronic Pain with Controlled Substances
Rx of Controlled Substance
Review PMP report for red flagsMultiple prescribersOpioids & benzos togetherOpioids for > 12 consecutive weeksMore than one CS analgesicOpioids totaling > 90 MME/dayPotential for abuse or misuse
Part 9 (16.12.9.9)Management of Chronic Pain with Controlled Substances
Review → Red Flags?
Take “appropriate steps” to avoid, mitigate or resolve potential problem(s)Use professional judgment based on prevailing standards of practice
Part 9 (16.12.9.9)Management of Chronic Pain with Controlled Substances
Potential Actions
Counsel patient on risks/benefitsRx & train on naloxoneOffer or arrange for treatment for substance use disorderConsult with or refer to pain management specialistDocument actions taken
Part 9 (16.12.9.9)Management of Chronic Pain with Controlled Substances
In Opioid Tx Programs
Review PMP reportOn initial enrollment in Tx programEvery 3 months while on opioid treatment medications in schedules II-VDocument receipt & review of report in patient record
Part 9 (16.12.9.9)Management of Chronic Pain with Controlled Substances
PMP Reports to BON
Compliance with obtaining PMP reports is improvingBUT – providers (including APRNs) have a long way to goQuarterly reports to BoardPrescriber Feedback Reports (PFRs) to practitioners
CE Requirements
DEA & CS registrations → CE requiredCE must address NCPM
Part 9 (16.12.9.10)Management of Chronic Pain with Controlled Substances
NP Requirements
Current requirements (every 2 years)5 contact hours related to APRN’s practice10 contact hours of pharmacology5 contact hours of NCPM
Some of the NCPM CE will necessarily be pharmacology due to specific requirements in Rule 9
Part 9 (16.12.9.10)Management of Chronic Pain with Controlled Substances
Required Content
Review of 16.12.9Understanding of pharmacology & risks of controlled substancesBasic awareness of the problems of abuse, addiction & diversionAwareness of state & federal regulations for prescription of CS
Part 9 (16.12.9.10)Management of Chronic Pain with Controlled Substances
Notification
BON shall notify of the Pain Relief Act & Part 9 of the NM nursing board rule
Health care providers under jurisdiction of NMBONHealth care provider being investigated by BON in relation to provider’s pain management practices
Part 9 (16.12.9.11)Management of Chronic Pain with Controlled Substances
HCP Opiate Treatment
HCPs with chronic pain & being treated with opiates
APRNsRNsLPNsCertified hemodialysis techniciansCertified medication aides
Part 9 (16.12.9.12)Management of Chronic Pain with Controlled Substances
Requirements for HCP
Evaluated at a pain clinic or by a pain specialistCleared by practitioner before returning to or continuing in practiceRemain under care as long as on opiates & continuing to practiceNeuropsychological evaluation prn
Part 9 (16.12.9.12)Management of Chronic Pain with Controlled Substances
What is NMNPC Doing?
Offer NCPM CE every 2 years (live & enduring CE)Maintain representation on the Advisory CouncilMonitor & disseminate Advisory Council recommendationsMonitor & address BON rule develop-ment
Advisory Council – 2018
Boards should adopt the Benzodiazepine Prescribing Guidelines developed & approved by the Council & include appropriate benzodiazepine education in requirements for NCPM education.Increase distribution of naloxone in a variety of settings & circumstances.
Looking to the Future
Expect more changes (CE on benzodiazepines)
NMNPC courses already included Holy Trinity problem (opioids, benzos and carisoprodol)
NMNPC will monitor rule changes inbenzo CE requirement
State RegulationsNM Board of Pharmacy
Prescription Monitoring Program
Elements Applicable to APRNs
PMP Accounts
NM licensed practitionersNM registered pharmacistsDelegates of practitioner or pharmacistLaw enforcement or regulatory board agents vetted by PMP to warrant accessMandatory for practitioners with CS registration
NM Board of PharmacyPrescription Monitoring Program
PMP Statistics
Decreasing # of practitioners (all types) who aren’t using PMPIncreasing # of practitioners (all types) using the PMP at least 25% of the timeOver 4000 requests/day processed
NM Board of PharmacyPrescription Monitoring Program
User Account Registration
NM licensed practitionerDEA registration numberControlled substance license
NM Board of PharmacyPrescription Monitoring Program
Registration
Fill out online registration form
Verify email addressUpload required documentsComplete mandatory training
https://newmexico.pmpaware.net
http://nmpmp.org/Training.aspx
NM Board of PharmacyPrescription Monitoring Program
Delegate Registration
Delegate of practitionerRegistration (same process as practitioner)List supervisor(s) email address; supervisor must already have account
Delegates can obtain reports but practitioner must reviewMay have up to 4 delegates
NM Board of PharmacyPrescription Monitoring Program
Which Comes First?
To register with the PMP must already have a controlled substance licenseTo renew a controlled substance license must already be registered with the PMP
NM Board of PharmacyPrescription Monitoring Program
PMP Accounts
Delegate report requests linked to supervising practitionerMust make sure delegates log in under correct supervisor
NM Board of PharmacyPrescription Monitoring Program
PMP Reports
QuarterlyBoard of NursingProvider Feedback Reports
Promote patient safety & best practices
NM Board of PharmacyPrescription Monitoring Program
Quarterly ReportsTotal number of patients
Total number of opioid patients
Total opioid MMEs filled
Total number of benzodiazepine (BZD) patients
Total BZD diazepam milligram equivalents (DME) filled
Percent of opioid patients with ≥90 MME/day
Percent of opioid patients with ≥90 days of opioids in 6 months
Percent of BZD patients with prescriptions ≥30 DME/day
Percent of BZD patients with ≥90 days of BZDs in 6 months
Percent of opioid patients with concurrent BZDs ≥30 days
Controlled substance prescriptions per prescribing day, 3 months
Percent of estimated required reports requested
PMP reports required under Board rules (estimated)
PMP reports requested on patients
Percent of patients with a total of 5 or more practitioners or pharmacies in 6 months
Federal Regulations
Controlled Substances Act
Code of Federal Regulation
Drug Schedules
DEA Registration
New &/or renewalOnlinePaper submission
Must have controlled substance license first
Federal RegulationsControlled Substances
https://www.deadiversion.usdoj.gov/drugreg/index.html
Buprenorphine
Waiver course available through AANPFree training partly through unrestricted grant by Indivior to AANP & ASAM
Federal RegulationsControlled Substances
E Prescribing
Legal for II-V but not mandatoryMust use approved software
Federal RegulationsControlled Substances
DEA – Locum Tenens
Within the state generally don’t need to change address of practiceIn a second state, need to change address to locum location then back to primary location
Federal RegulationsControlled Substances
https://www.deadiversion.usdoj.gov/fed_regs/rules/2009/fr1028.htm
Schedule l
No accepted medical use in USLack of accepted safety for use under medical supervisionHigh potential for abuseExamples
HeroinLSDMarijuana
PeyoteEcstasy
Federal RegulationsControlled Substances
Schedule ll & llN
High potential for abuseMay lead to severe psychological or physical dependenceExamples (II narcotics)
CodeineFentanylHydrocodoneHydromorphone
MeperidineMethadoneMorphineOxycodone
Federal RegulationsControlled Substances
Schedule ll & llN
Examples (IIN stimulants)
Examples (other II substances)
AmphetamineMethamphetamineMethylphenidate
AmobarbitalGlutethimidePentobarbital
Federal RegulationsControlled Substances
Schedule lll & lllN
Less potential for abuse than I or IIMay lead to moderate/low physical dependence or high psychological dependenceExamples
≤90 mg codeine/doseBuprenorphineNon-narcotics like ketamine & testosterone
Federal RegulationsControlled Substances
Schedule lV
Low potential for abuse relative to IIIExamples
AlprazolamCarisoprodolClonazepamDiazepam
LorazepamMidazolamTemazepamTriazolam
Federal RegulationsControlled Substances
Schedule V
Low potential for abuse relative to IVMainly preparations containing limited quantities of certain narcotics Example
Cough preparations ≤ 200mg codeine/100ml or 100gms
Federal RegulationsControlled Substances
Federal Resources
Current list of CShttps://www.deadiversion.usdoj.gov/schedules/index.html
Title 21 US Code CS Acthttps://www.deadiversion.usdoj.gov/21cfr/21usc/812.htm
Frequently Asked Questionshttps://www.deadiversion.usdoj.gov/faq/index.html
Title 21 Code of Federal Regulationshttps://www.deadiversion.usdoj.gov/21cfr/cfr/index.html
Federal RegulationsControlled Substances
Documenting Required CE
CE verification documentDocument showing content (if not on verification)
SUBMIT DOCUMENTS ON RENEWAL
NM DOH Resource
Prescription Opioid Safetyhttps://nmhealth.org/about/erd/ibeb/pos/
CDC Resources
Implementing the CDC Guidelineshttps://www.cdc.gov/drugoverdose/pdf/prescribing/CDC-DUIP-QualityImprovementAndCareCoordination-508.pdf
Guideline Overviewhttps://www.cdc.gov/drugoverdose/pdf/Guidelines_Factsheet-a.pdf
Checklist for Prescribing Opioidshttps://www.cdc.gov/drugoverdose/pdf/PDO_Checklist-a.pdf
Guideline Resources: Clinical Toolshttps://www.cdc.gov/drugoverdose/prescribing/clinical-tools.html