EXAM 3 Pain Management Legal Considerations Flashcards
Are pharmacies allowed to dispense Rx from pain management clinics (PMCs)?
Yes
as long as they meet the DEA purpose of issue requirements:
-legitimate medical purpose
-scope of praxis
-the Rx should treat the pain, NOT the addiction !!!
When is a facility considered a pain management clinic (PMC)?
- a privately-owned clinic, facility in which a provider licensed under this title provides chronic non
malignant pain treatment to a majority of its patients for ninety (90) days or more in a 12-month period - a privately-owned clinic, facility or office that advertises for pain management services
When does the prescriber notify the board when starting working in a PMC?
-the licensing board is responsible for the regulations (NP - board of nurse, physician - board of med, pharmacist - board of pharmacy)
-notify the respective board within 10 days
The Medical Director of a PMC must…
-be a licensed, practicing, physician pain management specialist
-the certificate must be obtained from the Department of Health
A healthcare provider owns multiple PMCs. Does he need a license for each of them?
Yes
A prescriber of a PCM needs to do what in case the DEA asks for it?
document the reason the prescribed quantity in the patient’s record, when subscribing controlled substances for chronic non-malignant pain
(dispensing of controlled substances is not allowed, see next slides)
(in case the DEA wants to see if the Rx meets the purpose of the issue)
How many PMCs can a medical director work for?
-not more than 4 clinics
-has to be on-site for at least 20% of the clinic’s weekly total number of operating hours
How should payments be conducted in a PMC?
-if no insurance -> check or use a credit card
-may pay cash for co-pay if they have insurance (the insurance serves as the trial)
-the point is to have a money trail
-at the pharmacy, they can pay however they want (may be suspicious - professional judgment)
Dispensing of controlled substances is allowed in PMCs? T/F
False.
exception:
Samples of C-IV and C-V - no more than a 72-hour supply
prescribing is allowed
Since dispensing is not allowed in PMCs, can the owner open a pharmacy and dispense it there?
No.
-can’t open a pharmacy adjacent to the PMC, in which the owner has a ownership interest -> may lose the license
Who is responsible for promulgating the Controlled Substance Prescribing Guidelines (in PMCs?)?
The Commissioner of Health
(reviewed and updated annually)
How many hours of CE are required to prescribe controlled substances?
minimum of 2 hours of biennially CE specific to controlled substances prescribing
exceptions: vets, PMC prescribers, or some other specialists
-anesthesiology
-physical med/rehab
-neurology
-rheumatology
->they need 10 CE hours
PMC Rules - Quality assurances prescribes have to follow
don’t need to know
-urine drug screening
-substance abuse risk assessment tools for new patients
-medication counts for any controlled substance
-use of patient agreements
