Transcript Document
CONTROLLED
SUBSTANCES LAWS AND
REGULATIONS
Presented by
Susan McCann, R.Ph.
Administrator, BNDD
Missouri Bureau of Narcotics and Dangerous Drugs
1
7/16/2015
Topics to be Discussed
Controlled Substance Law
Drug Abuse / Impairment
Drug Diversion
Department of Health and Senior Services
– The Role of the BNDD
Laws and Regulations
Registration
Missouri Bureau of Narcotics and Dangerous Drugs
2
7/16/2015
Topics to be Discussed
(continued)
Prescription Writing and Dispensing
– Individual Practitioners – Who can
prescribe?
– Long Term Care Facilities
– Home Health / Hospice
– Hospital practice – orders versus
prescriptions
Records
Security
Missouri Bureau of Narcotics and Dangerous Drugs
3
7/16/2015
Prescription Drug Abuse
Culture of drug use in our society
5-6% of population abuses substances
1st time users of prescription drugs for nonmedical use
1980s : 0.5 million per year
1998: 1.6 million
2000: >2 million
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
National Household Survey on
Drug Abuse
Conducted by Substance Abuse and
Mental Health Services Administration
(SAMHSA)
15.9 million people were current illicit
drug users – representing 7.1% of the
population 12 years or older (up from 6.3%
in 2000 and 4% in 1999)
This figure rose to 19.5 million people in
2002 (8.3%) and 2003 (8.2%).
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Drug Abuse/Impairment
10-17% of health care professionals will
abuse drugs/alcohol during career
Physical/mental stresses
Recreational use
Knowledgeable about drugs/”immune
from harm”
65-85 % of professional discipline is
related to controlled substance/alcohol
issues
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Drug Abuse/Impairment
(continued)
Consequences
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Harm to patients
Harm to self
Harm to family
Harm to career
Professional discipline
Arrest and criminal prosecution
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Drug Diversion
Occurs from all levels of controlled
distribution
Manufacturers
Distributors
Pharmacies
Hospitals
Ambulances
Physician offices, etc.
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Drug Diversion (continued)
Persons responsible
Pharmacists
Physicians
Nurses
Pharmacy technicians
Family members
Office staff
Custodians
Patients, etc.
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Drug Diversion (continued)
Methods of diversion
– Theft
Opportunistic
Planned
access
Break-ins
Robberies
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Drug Diversion (continued)
Methods of diversion (continued)
Record falsification
Forged,
altered prescription
Administration records
Distribution records
Inventory records
Receiving records
Physician orders, etc.
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Department of Health and
Senior Services
BNDD
Organization/staffing
Registrations
Inspections/investigations
Administrative actions
Education
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Laws and Regulations
State and federal controlled substances acts
– Closed system of registration, record
keeping and security
– Similarities/differences
– Not all subjects covered by both
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Laws and Regulations (cont.)
Other state agency controlled substance laws
and regulations
– Boards of professional licensure:
Pharmacy, Healing Arts, Dentistry, Podiatry,
Optometry, Veterinary Medicine
– Department of Health and Senior Services
Health Facilities Regulation Unit-Hospitals
Section for Long Term Care - LTCF
Home Health/Hospice Unit
Emergency Medical Services Unit – Ambulance
services
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
References for Laws and
Regulations
DHSS
www.dhss.mo.gov/BNDD
Board of Pharmacy
http://pr.mo.gov/regulated-professions.asp
Drug Enforcement Administration
www.deadiversion.usdoj.gov
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Schedules of Controlled Substances
CI – CV based upon potential for abuse
CI – no accepted medical use
– Research is allowed
– Analytical laboratories
– Dog handlers (law enforcement)
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Schedules of Controlled Substances
Criteria
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Potential for abuse
Pharmacological effect
Current scientific knowledge of substance
History of abuse
Scope, duration and significance of abuse
Risk to public health
Potential for psychic or physical dependence
Whether an immediate precursor of a current
controlled substance
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Schedules of Controlled Substances
(continued)
Differences – state and federal
– Codeine cough syrups CIV in Missouri
– Ephedrine CIV in Missouri
– Missouri will schedule a substance after DEA
does unless there is an objection
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Schedules of Controlled Substances
(continued)
Non-controlled abusable agents
– Carisoprodol
– Nalbuphine
– Tramadol
Advertising – not allowed for any schedule
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Registration
Requirements
– All legitimate controlled substance activities
– Agents excepted: pharmacist, nurse,
employees are not registered
– No registration issued if controlled substance
conviction:
Misdemeanor – 2 years
Felony – 7 years
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Registration (continued)
Process
– Application, “renewal” notice
– Notify BNDD of change of name, address, or
ownership
Expiration 3 years
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Registration - Discipline
Administrative
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Warning
Censure
Probation
Suspension
Revocation
Denial
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Registration - Discipline
Criminal
– Federal civil fines, imprisonment
– Refusal to make or keep records is a
misdemeanor
– Theft, false prescriptions, and false records
are felonies.
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Records
General
– Authority to review by DHSS, Board of
Pharmacy, law enforcement
– Readily retrievable
Separate, or
Electronic or mechanical access, or
Visually identifiable
Provide within three (3) working days
Keep two (2) years (Rxs five (5) years)
Keep on site, except as allowed
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Records (continued)
Required information
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Drug name
Form
Strength
Quantity per container
Number of containers
Date of transaction
Name/address of person dispensed to
Name/initial of person dispensing
Any other type of disposition
Goal – records are reconcilable
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Records (continued)
Purchasing records
– Invoices
Record of date received
BNDD audit problems
Permission for central records
– DEA Official Order Forms
Record quantity and date received
Only person with POA may sign form to order
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Records (continued)
Inventory records
– Annual/biennial
Opening/close of business day specified
Exact count: CII or if > 1,000 per container
– Board of Pharmacy requires at PIC change
– Continuous or perpetual
No requirement except hospital/LTCF (must be
reconciled periodically)
Dispensing records
– Will be covered under Prescription Writing and
Dispensing
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Records (continued)
Transfer records
– To other pharmacies, physicians, ambulances,
etc.
– Use Official Order Form (OOF) for CII
– No “borrow & loan” without record, OOF
– Distributor registration if > 5% total dosage
units
– Office use by practitioner – cannot obtain with
prescription
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Records (continued)
Returns to supplier – unusable, expired
Disposal records
– DEA authorized – destroy on site, DEA form
– Reverse distributor
– Hospital pharmacy or patient care areas
Loss reports
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Security
Physical security*
– Effective controls based on schedules and
quantities stocked
– CII
Substantially constructed, securely locked
cabinet
Limited access
LTCF – double lock, unless unit dose
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Security (continued)
Physical security (continued)
– CIII-V
Allowed to be dispersed in pharmacy
Locked in all other settings
– Dispensing area security
Employees
Family
Friends
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Security (continued)
Waivers to employ required
– For a person with any conviction regarding
controlled substances, if that person will have
any access to controlled substances
– For previous revocation/surrender of a
controlled substance registration
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Security (continued)
Diversion
– Theft or record keeping
– Illegal possession – possession except as
authorized by Chapter 195 RSMo
– Felony
– DEA Diversion Task Force arresting patients
and licensed professionals
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Security (continued)
Reporting losses
– Police
– BNDD
Any theft/significant loss
Report “upon discovery”
Loss report form within 7 days
Permission for interim report
Summary, name of thief, police report
Insignificant loss – file with inventory
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Security (continued)
Reporting losses (continued)
– DEA
Call immediately
Form to follow
– Board of Pharmacy
Notify with annual renewal (BNDD sends a
copy of pharmacy loss reports to the Board
monthly)
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
INTERMISSION
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Prescribing
Purpose of prescription
– Issued in good faith,
– Issued in the course of professional practice,
and
– Issued for a legitimate medical reason
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Prescribing (continued)
Authorized prescribers
– Scope of practice
By profession as defined by licensing board / practice acts
– No self prescribing (family is legal, but discouraged)
– No de-tox/maintenance of narcotic addiction (as
opposed to weaning)
Exception: office-based treatment programs –
buprenorphine
– Using hospital DEA #
Temp license, resident, hospital employee
Only hospital patients – no family, employees, friends
– Military #
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Prescribing (continued)
Collaborative practice with nurses (MO)
– RNs not LPNs or Pas
– BHA/BON regulation
Agreement, scope of practice
May not prescribe controlled substances
Direct contact with physician before calling
controlled substance Rx to pharmacy
– BNDD regulation
May dispense/administer to patient after
contact with physician
BNDD registration, no DEA #
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Prescription Writing and Dispensing
Rx can be filled only by RPh (not nurse or
hospital)
Format, components for CS prescription
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Dated on day signed
Name and address of patient
Drug name, strength, dosage form
Quantity (preferably written out)
Complete instructions (preferably not “prn” or
“as directed”)
– Specify refills
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Prescription Writing and Dispensing
Format, components (continued)
– Written signature
No stamp or computer generated signature
– Name and address of prescriber
(and preferably telephone number)
– DEA #
– Ink
Typewritten, computer generated original
Preprinted or photocopied – confirm if
questionable
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Prescription Writing and Dispensing
Ensure Rx is legitimate and properly written
– RPh has corresponding liability with prescriber
Changes or additions
– Most are allowed after confirming with prescriber
– Changes must be documented
– Changes NOT allowed:
Patient name
Drug name (except generic substitution)
Prescriber signature
Expiration – no fill or refill after 6 months after
date prescribed
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Prescription Writing and Dispensing
CII Prescriptions
Always written, except special circumstances
NO refill
Oral (telephone) emergency
– Immediate administration is necessary, no other
drug is appropriate, cannot reasonable provide
written prescription
– Reduce to writing for filing
– Quantity limited to emergency period
– Confirm prescriber if unknown
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Prescription Writing and Dispensing
CII Prescriptions
Emergency prescriptions (continued)
– Written follow up prescription must be
received within 7 days to provide
authorization for emergency dispensing –
attach to oral Rx
– Notify BNDD and DEA if no written Rx is
received
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Prescription Writing and Dispensing
CII Prescriptions -- FAX
Of original, signed prescription
Receive original prescription before
dispensing
Emergency (same as oral emergency)
Original not required:
– LTCF
– Hospice
– Narcotic injection
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Prescription Writing and Dispensing
CII Prescriptions – FAX (continued)
Telephone number of originating FAX and
date and time of transmission, must appear
on FAX
File original FAX as prescription
Prescriber must maintain the original
prescription on file.
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Prescription Writing and Dispensing
CII Prescriptions (continued)
Computer
– Must receive the original prescription before
dispensing
– Emergency (same as oral emergency)
– Reduce to writing (printed form) for filing
– Written prescription must be received within 7
days
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Prescription Writing and Dispensing
CII Prescriptions (continued)
Quantity
– Thirty day supply prescribed or dispensed at
one time *
– Oral/fax/computer emergency – quantity for
emergency period only
– Medical reason documented*
Up to a three month supply
Prescriber describes medical reason on Rx **
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Prescription Writing and Dispensing
CIII-CIV Prescriptions
Written
Oral – reduce to writing for filing
FAX
– Telephone number of FAX, date and time of
transmission on FAX
– File original FAX as prescription
– Prescriber must maintain original prescription
on file
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Prescription Writing and Dispensing
CIII-CIV Prescriptions (continued)
Computer
– Reduce to writing (printed form) for filing
– Verify with prescriber within 30 days by
telephone or by printout
Quantity – 90 days supply
Refills
– No more than 5 times within 6 months from Rx
date
– Monitor-- for early refills and total use
compared to dose ordered
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Prescription Writing and Dispensing
CV Prescriptions
Same as CIII-CIV
If prescribed, treat as prescription – no
refill unless authorized
OTC
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RPh only
Purchaser must be at least 18 years of age
Purchaser not known to RPh must provide ID
Record in bound record book
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Prescription Writing and Dispensing
Partial filling CII
Due to inadequate supply – must fill remainder
within 72 hours or notify prescriber
LTCF, terminally ill patient
– Record on Rx “LTCF” or “terminal illness”
– Record dates/quantities of fills
– No fills after 60 days from Rx date
Partial filling CIII-IV – up to total quantity
within 6 months
Missouri Bureau of Narcotics and Dangerous Drugs
52
7/16/2015
Prescription Writing and Dispensing
DEA Proposed PKI process
Public key infrastructure (PKI) - Public
and private IDs
Positive ID of sender
Guarantee confidentiality
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Labeling of Prescriptions
Pharmacy name and address
Prescriber name
Patient name
Directions for use
Serial (prescription) number
Date of filling
CII-CIV -- “Caution – Criminal offense to
transfer to person other than patient”
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Documentation on Prescriptions
Required:
RPh signature and date*
Quantity filled if different than prescribed
Recommended:
Special instructions/communications
Name of person calling oral prescription
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Prescription Records
Prescription Files
Three files required*
– CII
– CIII-CV
– Non- Controlled substance
Refill records
– Manual record on back of Rx
– Computerized records
All original Rx information
Refill history
Daily pharmacist verification printout or log
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Prescription Records
Transferring Rx to another pharmacy
One time except if share on-line database
Record on hard copy except if shared
database
Occurs between two RPhs
Documentation by transferor
– Writes “Void” on face of Rx
– Records pharmacy name, address, DEA# and
RPh receiver on reverse of Rx
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Prescription Records
Transferring Rx to another pharmacy
Documentation by receiver of transfer
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“Transfer” on face of Rx
Original date written
Original # refills authorized
Original dispensing date
# refills remaining
Dates of previous fills and locations
Pharmacy name, address, DEA# and
transferring RPh
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Delivery by Common Carrier
Postal regulations
– Prescription properly labeled
– Plain wrapper
– No controlled substance indicators on the
outside
Loss report responsibility
– Shipper is responsible
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Prescription Monitoring Programs
Multiple copy manual systems
Electronic systems
18-20 states
Federal law proposed in Congress 2002
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Hospitals
Registration
– As hospital, not as pharmacy
– Administrator signs application as registrant
Licensing regulations
– DHSS – Bureau of Health Facility Regulation
– Center for Medicare and Medicaid Services
Security
– Locked storage
– Authorized access
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Hospitals
Records
– CII routinely reconciled
– CII-CV routinely reconciled outside
pharmacy, reconcilable inside pharmacy
Prescribing/ordering
– Written, oral, electronic signature acceptable
Distribution to patient care areas
– Traditional floor stock
– Automated floor stock
– Discourage patient supply intermingled with
other drugs
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Hospitals
ER administering
– Administer on oral order when prescriber not
present
Nurse assess patient
Nurse confirm prescriber/patient relationship
Narcotic detox/treatment
– If patient in hospital for other
medical/surgical reasons
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Long Term Care Facilities
Emergency Kit
– Registration
LTCF registration, not pharmacy
No DEA number
Administrator signs application as registrant
– Pharmacy supplier responsibility
Assure LTCF has policy and procedure in place
to address security and record keeping
Missouri Bureau of Narcotics and Dangerous Drugs
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Long Term Care Facilities
Emergency kit (continued)
– Initial stock and replacement stock
Transfer – not patient prescription
– Record keeping
Transfer record – both pharmacy and LTCF
Accountability records
Administration records
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Long Term Care Facilities
Patient’s own prescriptions
– Written/oral/fax prescriptions – usually from
physician’s office
– Physician’s order from LTCF to pharmacy
Nurse call/fax as prescription only if agent of
physician**
Pharmacist call physician or oral prescription
Control at facility
– Security – all locked, CII “double locked” unless
unit dose
– Records – all CS reconciled
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Home Health / Hospice
Patient’s residence
– Security – Access/who can administer
– Records – Staff must document CS delivery
– Disposal – Agency policy to discuss disposal
with patient
Hospice facility
– Registration – E-kit or facility
– Security
E-kit, stock, patient Rxs similar to LTCF /
hospital
Special allowance for CS in patient’s room
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Home Health / Hospice
Record keeping
– Receiving – E-kit, stock, patient’s own
prescription
– Reconcile CII each shift, CIII – CV daily
– Administration and waste similar to hospital
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Individual Practitioners
Licensed by Division of Professional
Registration
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Physician
Dentist
Veterinarian
Podiatrist
Optometrist
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Individual Practitioners
Registration
– One registration allows all activities
– Separate registration if has stock at >1 site
Free-standing, non-licensed facilities
– Individual practitioner must be registered at
the location in order to stock CS
– No facility registration
Physician or hospital owned clinics
Urgent care centers
Infusion centers
Dialysis centers
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Individual Practitioners
Security
– Locked storage
– Limited access
Records
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Prescribing*
Administering*
Dispensing*
Receiving
Inventory
Other Disposition
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Individual Practitioners
Prescribing
– Record of all CS Rxs written, including refill
authorizations
– Rx may be communicated to pharmacy by
agent – a person employed or directly
responsible to the prescriber
Dispensing
– CS labeling requirements are similar to
pharmacy labeling requirements
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Individual Practitioners
Collaborative practice*
– RNs only – no LPNs or Pas
– May administer/dispense CS after direct
consult with physician
– May not prescribe CS, may call CS
prescription in schedules III-V only at
direction of physician
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Listed Chemicals
Substances
– Precursors to controlled substances
Ephedrine
Pseudoephedrine
Phenylpropanolamine
– Essential chemicals (reagents, solvents)
Acetone
Iodine
Sulfuric acid
Missouri Bureau of Narcotics and Dangerous Drugs
Ethyl Ether
Potassium permanganate
Others
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Listed Chemicals
Registration
– BNDD -- not currently registering
– DEA – currently required for some
activities
Reports – DEA required based on
threshold quantities
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Listed Chemicals
Ephedrine single entity
– No other active medicinal ingredient in
therapeutic quantity
– C IV in Missouri*
– DEA
Registration
Records of sales
Stored behind the counter
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Listed Chemicals
Ephedrine combination, pseudoephedrine,
phenylpropanolamine and combinations**
– Missouri Law – any methamphetamine precursor
drug
– OTC sales
Maximum of 2 packages (6 total grams) of single entity
pseudoephedrine or PPA.
Maximum of 3 packages (9 total grams) of combination
product
Must keep single entity product behind the checkout
counter or within 10 ft and an unobstructed view of an
attended checkout counter.
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015
Where to Get More Information
BNDD
Telephone: (573)751-6321
FAX: (573)526-2569
Board of Pharmacy
Telephone: (573)751-0091
FAX: (573)526-3464
TDD: (800)735-2966
Drug Enforcement Administration
Telephone: (913) 825-4100
FAX: (913) 825-4182
Missouri Bureau of Narcotics and Dangerous Drugs
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QUESTIONS
Missouri Bureau of Narcotics and Dangerous Drugs
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7/16/2015