Effective Management of Acute and Chronic Pain with Opioid Analgesics, 2nd Edition _ ________________
PRESCRIBING AND DISPENSING CONTROLLED SUBSTANCES §80.60 Ordering.
No practitioner shall obtain Schedule II controlled substances except by means of his or her official Federal written order forms. Schedules II, III, IV and V controlled substances shall be obtained from manufacturers or distributors licensed under article 33 of the Public Health Law and this Part. §80.61 Personal use. A person authorized by law to obtain controlled substances for professional use shall not use such drugs for the treatment of his own addiction, or habitual use. §80.62 Use of controlled substances in treatment. (a) Physicians and other authorized practitioners in the course of their professional practice, may dispense, administer or prescribe controlled substances for legitimate medical purposes or treatment, other than treatment for addiction to controlled substances, when the practitioner regulates the dosage and prescribes or administers a quantity of such drugs no greater than that ordinarily recognized by members of his profession as sufficient for proper treatment in a given case. (b) Such practitioners shall maintain a written patient record of administration, dispensing and prescription of all controlled substances. The patient record shall contain sufficient information to justify the diagnosis and warrant the treatment. The record shall contain at least the following information: patient identification data; chief complaint; present illness; physical examination as indicated; diagnosis; other data which support the diagnosis or treatment; and the regimen including the amount, strength, and directions for use of the controlled substance. This subdivision shall not be construed to require a record distinct from the medical record of the patient. §80.63 Prescribing. (a) A prescription as defined by the Public Health Law means: (1) an official New York State prescription; (2) an electronic prescription; (3) an oral prescription; or (4) an out-of-state prescription, which means a prescription issued in lieu of an official prescription by a practitioner in another state who is licensed by that state to prescribe controlled substances. (b) The use of preprinted prescriptions which indicate the controlled substance or the strength, dosage and/or quantity of the controlled substance is prohibited. Such prohibition shall not apply to printed prescriptions generated by means of a computer or an electronic medical record system, provided such printed prescriptions are generated at the time a practitioner prescribes a controlled substance for a patient. (c) (1) Prior to prescribing for or dispensing to a patient any controlled substance listed on schedule II, III, or IV of section 3306 of the public health law, every practitioner shall consult the prescription monitoring program registry for the purpose of reviewing that patient’s controlled substance history. The patient’s controlled substance history shall be obtained from the prescription monitoring program registry no more than 24 hours prior to the practitioner prescribing or dispensing any controlled substance to that patient. A practitioner shall document such consultation in the patient’s medical chart or, if the practitioner does not consult the prescription monitoring program registry, the practitioner shall document in the patient’s medical chart the reason such consultation was not performed. Such documentation shall include the specific exception listed in paragraph (2) of this Subdivision. (i) When such consultation is not performed due to circumstances specified in subparagraph (2)(vii) of this Subdivision, the practitioner shall further document in the patient’s medical chart the conditions, occurrences, or circumstances that caused such consultation in a timely manner to be unreasonable. Such documentation shall include a description of the barrier(s) to accessing the registry, and the efforts made by the practitioner to contact other designees. (ii) When such consultation is not performed due to circumstances specified in subparagraph (2)(viii) of this Subdivision, the practitioner shall further document in the patient’s medical chart a description of the circumstances supporting the practitioner’s conclusion that consultation of the registry would adversely impact the patient’s ability to obtain a prescription in a timely manner and the relationship between that delay and the patient’s medical condition. (2) The duty to consult the prescription monitoring program registry shall not apply to: (i) veterinarians; (ii) a practitioner dispensing pursuant to public health law section 3351(3); (iii) a practitioner administering a controlled substance, as defined in public health law section 3302(2); (iv) a practitioner prescribing or ordering a controlled substance pursuant to public health law section 3342(1) for a patient of an institutional dispenser as defined by public health law section 3302 for use on the premises of, or during an emergency transfer from, the institutional dispenser;
30
MDNY1026
Powered by FlippingBook