This bill changes the regulation of activities by physicians, pain management clinics, pharmacies and wholesale drug distributors. 

On July 1, 2011:

Practitioners, generally, will no longer be authorized to dispense Schedule II or Schedule III controlled substances.  A few exceptions are provided:

• Complimentary or sample controlled substances
• In the health care system of the Department of Corrections
• In connection with specified surgical procedures in certain timeframes
• In approved clinical trials
• Methadone in a licensed treatment program
• For hospice patients

Any controlled substance inventory that was acquired for dispensing that is still in the possession of a practitioner who will no longer be authorized to dispense controlled substances must be disposed of by July 11, 2011.  Disposal can be achieved by either returning the drugs to the wholesale distributor or turning the inventory in to a local law enforcement agency and abandoning them.  Controlled substances not disposed of by August 2 are deemed contraband and are subject to seizure by law enforcement.

On July 1, 2011, the State Health Officer, Dr. Frank Farmer, declared a public health emergency concerning the possession of controlled substances for dispensing by practitioners who are no longer authorized to dispense controlled substances.  The Department of Health identified those practitioners who posed the greatest threat to the public health and those that showed a risk that the controlled substances may not be disposed of in accordance with this act.  Beginning on the 3rd day after the act went into effect; the department of health and law enforcement agencies entered the business premises of the identified dispensing practitioners and quarantined any Schedule II or III controlled substance inventory found on site.

The standards of practice for a controlled substance prescribing practitioner are spelled out in the law and include for each patient, among other things:

• Complete medical history and physical exam
• Written individualized treatment plan
• Written controlled substance agreement
• Regular follow-up appointments at least every 3 months

Criminal and regulatory sanctions for violations of the provisions of this law are modified.

Counterfeit-proof prescription blanks must be used by practitioners for prescribing of any controlled substance.  To ensure the health care services to patients are not negatively impacted and to allow practitioners time to comply with the new requirements, the State Health Officer, Dr. H. Frank Farmer issued a supplemental order on July 6, 2011, suspending the requirement for health care practitioners to use counterfeit-proof prescription pads/blanks for 60 days (ending on August 29, 2011). This runs concurrent with the July 1, 2011 Public Health Emergency Declaration.

For a list of approved vendors, answers to frequently asked questions and specifications for counterfeit-proof prescriptions pads/blanks, visit our Counterfeit-Proof Pad website.

Effective January 1, 2012, each practitioner (including dentists licensed under Ch. 466) who prescribes any controlled substances for the treatment of chronic nonmalignant pain must designate on his or her practitioner profile that he or she is a controlled substance prescribing practitioner.  Note:  Dentists have not been included under Chapter 456 profiling requirements and this bill does not establish a “full” profile for dentists. It only requires that a dentist post that he or she is a controlled substance prescribing practitioner for the treatment of chronic nonmalignant pain.   Instructions on how to update this information will be sent to all licensees prior to January 1st.