Legal Flashcards
DATA 2000 - WAIVER is now gone since
Consolidated Appropriations Act of 2023
42 CFR Part 2
OTPs/Methadone Clinics have special confidentiality requirements since 1970s and revised in 2020: prohibits unauthorized disclosures of pt records, prohibits use of pt record in criminal prosecution EXCEPT in med emergency, research/quality review, or by court order
*Limited OTP to PDMP information between OTP (clinic) and OBOT (outpt)
Medical Malpractice
4Ds = Duty, Derelict/Breach, Direct Cause, Damage
4 Core Principles of Ethics
Autonomy, Beneficence, Nonmaleficence, Justice
Res Ipsa Loquitur
the thing that speaks for itself = facts - damage - responsibility
Respondeat Superior
let the master answer = employer responsible for employees within scope of employment
HIPAA
requirement to obtain pt authorization except for tx, payment, required discloures unless - serious contagious disease, CPS, or serious threat
EMTALA
screen, stabilize requirement
Double Effect Doctrine
It is WRONG to intentionally harm to produce good (cause death as relief from suffering)
It is NOT WRONG to pursue a good result even if the action leads to unintended but foreseen harm (providing morphine to decrease suffering at EOL)
Harrison Act
1914, tax on alcohol and tobacco, and made illegal other drugs (heroin, cocaine, hallucinogens incl peyote) so illegal to sell/give made it illegal for doctors giving any as medications and led to a waterfall of repressive drug policies leading to heroin epidemic in 1960s and 2000s
Dole & Nyswander
1965 methadone study that use of this drug leads to decreased “narcotic hunger” and life improvement and led to more methadone research and FDA allowance for detox and maintenance
FDA approval of methadone for detox
1970
FDA approval of methadone for maintenance
1973
methadone tx criticisms of 1972 and their effect
criticisms of methadone tx at onset were: access concern to poison children, divergence, and iatrogenic addiction
these criticisms led to increased regulation: max daily dose, counseling req’t, age for tx, and req’t to have OUD x 12months prior to tx
Controlled Substances Act
1970 - Scheduled Medications established
limited ability to use RX opioids to tx MOUD
Narcotic Addiction Tx Act
1974 - amendment of 1970 original that defined detox and maintenance periods and revoked privileges - WAIVER became the requirement to RX opioids to tx MOUD
SAMSHA became oversight for OTPs in USA
2001 - FDA handed this responsibility over to SAMSHA
Schedule I - V
I - illegal, no medical use
II - most opiates, cocaine with 90 day max (most states 30 day max)
III - <90mg codeine dose, Tylenol #3, ketamine, anabolic steroids, testosterone, burprenorphine
IV - tramadol, soma, zolpidem, BZDs
V - <200mg codeine/100ml robitussin, lyrica, lomotil
Schedule I
illegal drugs with no medical use and high risk of misuse
Marijuana, LSD, peyote, MDMA
Schedule II
II - most opiates, cocaine
ex. hydrocodone, oxycodone, fentanyl, morphine
Schedule III
buprenorphine, ketamine, Tylenol #3, anabolic steroids, testosterone
Schedule IV
tramadol, BZDs. zolpidem, soma
Schedule V
<200mg codeine/100ml, robitussin, lyrica, lomotil
2016 CDC Guidelines
common opioid-related adverse events, mainly limit BZDs, utilize PDMP, offer or refer for MAT, more caution with methadone
*in 2019 revised to say that “guidelines should not be applied generically and need to be individualized”
Benjamin Rush, MD
1784 published Inquiry into the Effects of Ardent Spirits on the Human Mind and Body
established “sober house” and concluded abstinence was only cure since alcohol caused alcoholism and linked intoxication and loss of control
The Washingtonians
faith-based change social network with public stories as center of idea, 1840-1855
The Salvation Army
1865 to current, largest addiction tx system in the world
The Keeley League
1879, 1st franchised, prive, for-profit add tx system, gave toxic medications + non-med tx modalities
Prohibition
1919-1933
Hazelden and Minnesota Model
Inpatient detox and AA
Alan Leshner, PhD
1996 began describing addiction as a brain disease
8th Amendment
protection against “cruel and unusual punishment” used for justification for SUD to be tx while in prison/jail
14th Amendment
“due process” guarantee for inmates to have care involved in process while incarcerated
Estelle V. Gamble
1976 law addressing need for correctional facilities to reasonably assess and treat medical needs of people that are incarcerated