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Preventing Prescription Drug Abuse: Laws and Legislation. Hollie Hendrikson, MSc. Hollie.Hendrikson@ncsl.org 303-856-1525 Policy Specialist, Health Program National Conference of State Legislatures. Prescription Drug Overdose and Abuse: A Growing Problem.

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Preventing prescription drug abuse laws and legislation

Preventing Prescription Drug Abuse: Laws and Legislation

Hollie Hendrikson, MSc.

Hollie.Hendrikson@ncsl.org

303-856-1525

Policy Specialist, Health Program

National Conference of State Legislatures


Prescription drug overdose and abuse a growing problem
Prescription Drug Overdose and Abuse: A Growing Problem

Source: National Center for Health Statistics, Drug Poisoning Deaths in the United States Databrief, 2011.


Prescription drug abuse overdose death rates and amount sold
Prescription Drug Abuse: Overdose Death Rates and Amount Sold

Drug overdose death rates per 100,000 people (2008)

Amount of prescription painkillers sold per 10,000 people (2010)

Source: National Center for Injury Prevention and Control, 2011.


Preventing prescription drug abuse laws and legislation

Impact of Opioid Use on Health Care Sold

For every 1 overdose death there are:

Source: National Center for Injury Prevention and Control, 2011.


Preventing prescription drug abuse laws and legislation

Where are the nonmedical users getting their drugs? Sold

Bought from friend or relative

Took from friend or relative w/o asking

70% obtained from friend or relative

Bought from drug dealer

Other source

Free from friend or relative

From one doctor

Source: SAMHSA, 2009 National Survey on Drug Use and Health (September 2010).


Common legislative issues
Common Legislative Issues Sold

  • Prescription Drug Monitoring Programs (PDMP)

  • “Doctor Shopping”

  • Tamper-resistant prescription forms

  • Pain management clinic oversight

  • Immunity or “Good Samaritan” laws


Prescription drug monitoring programs pdmp
Prescription Drug Monitoring SoldPrograms (PDMP)

  • Established to help prescribers, pharmacies, law enforcement agencies, etc., track who is writing, filling and receiving prescribed controlled substances.

  • In Oklahoma:

    • PDMP is housed in the Bureau of Narcotics (CA, NJ, PA, TX).

    • Prescriptions are required to be reported to PDMP.

    • Data collected daily.

    • Data accessible to: prescribers, pharmacists, pharmacies, law enforcement, licensing boards, the Attorney General and medical examiners.


States with prescription drug monitoring programs
States with Prescription Drug Monitoring Programs Sold

Source: National Center for Injury Prevention and Control, 2011.


2012 prescription drug monitoring program legislation
2012 Prescription Drug Monitoring Program Legislation Sold

Idaho House Bill 439:

Allows licensed practitioners in other states to access data and information within the PDMP. Enacted, 2012.

New Hampshire Senate Bill 215:

Establishes a PDMP. Enacted, 2012.

Utah House Bill 257:

Provides a procedure for an emergency room employee to look up information in the PDMP. Enacted, 2012.

Louisiana Senate Bill 112:

Authorizes the sharing of PDMP information with PDMP located in other states. Enacted, 2012.


Doctor shopping laws
Doctor Shopping Laws Sold

  • “Doctor Shopping” typically refers to a patient obtaining controlled substances from multiple providers without the prescribers’ knowledge of the other prescriptions.

  • Uniform Narcotic Drug Act of 1932

    • Almost all states have adopted a general fraud statute that prohibit obtaining drugs by: fraud, deceit, misrepresentation, subterfuge or concealment of material fact.


Doctor shopping laws cont
Doctor Shopping Laws, cont. Sold

  • Specific doctor shopping laws:

    • Prohibit patients from withholding prior prescription information from any health care provider.

  • Example:

    • South Dakota: any person who knowingly obtains a controlled substance from a medical practitioner and who knowingly withholds information from that medical practitioner that (s)he has obtained a controlled substance of similar therapeutic use in a concurrent time period from another medical practitioner.


States with doctor shopping laws
States with Doctor Shopping Laws Sold

Source: National Center for Injury Prevention and Control, 2011.


Tamper resistant form laws
Tamper-Resistant Form Laws Sold

  • Requiring special tamper-resistant prescription forms for controlled substances.

  • As of 2008, all prescriptions covered by the Medicaid program are required to use special tamper-resistant prescription forms.

  • In Oklahoma:

    • Tamper-resistant prescription forms are required for all prescriptions.

    • All written prescriptions must conform with federal tamper-resistant prescription form regulations.


States with tamper resistant form laws
States with Tamper-Resistant Form Laws Sold

Source: National Center for Injury Prevention and Control, 2011.


2012 tamper resistant legislation
2012 Tamper-Resistant Legislation Sold

Tennessee Senate Bill 3003:

Requires the board of pharmacy to publish a list of opioid drugs incorporating tamper-resistant technology. Enacted, 2012.


Pain management clinic laws
Pain Management Clinic Laws Sold

  • Pain management clinics or “pill mills” are facilities that employ a physician who is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications.

  • Pain clinic laws typically require oversight of clinic or describes specific regulations (patient registration, physician licensure, ownership requirements, payment methods, etc.).


States with pain management clinic laws
States with Pain Management Clinic Laws Sold

Source: National Center for Injury Prevention and Control, 2011.


2012 pain management clinic legislation
2012 Pain Management Clinic Legislation Sold

Tennessee House Bill 1040:

Establishes certain requirements for pain management clinics including allowed payment methods, limits on clinic ownership, and prescription limits. Enacted, 2012.


Immunity from prosecution laws
Immunity from Prosecution Laws Sold

  • Provides a degree of immunity to an individual seeking help for themselves or for another person experiencing an overdose.

  • Examples:

    • A person experiencing an overdose and needing medical attention will not be prosecuted for possession resulting from evidence gained from the call for help (New Mexico and Washington).

      • Protection from prosecution will not extend to other criminal charges (Washington).


States with immunity or good samaritan laws
States with Immunity or “Good Samaritan” Laws Sold

Source: National Center for Injury Prevention and Control, 2011.


Preventing prescription drug abuse laws and legislation

Hollie Hendrikson, MSc. Sold

Hollie.Hendrikson@ncsl.org

303-856-1525

http://www.ncsl.org/issues-research/health/prevention-of-prescription-drug-overdose-and-abuse.aspx