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Welcome to ASCP's DEA Resource Center
Welcome to the new and improved DEA Resource Center!  Please contact us if there's something you'd like to see listed here. 

Please choose one of the following areas:


DEA Issues Coalition

QCCPP
New DVD Available: Navigating DEA Rules in the Long-Term Care Setting

/Users/ajayaprakash/Documents/DEA Coalition - QCCPP/deadvd
This new informational video explains DEA rules and provides guidance on common scenarios and questions that long-term care professionals will likely encounter, such as dealing with hospital discharge orders that contain controlled medications and accessing controlled medications from the emergency kit. Preview of Video Available by clicking here.  Educational objectives of the video:
  • Differentiate between a chart order and a prescription.
  • Identify the required elements that comprise a valid prescription.
  • Know who can communicate or transmit controlled medication orders to the pharmacy.
  • Recognize the proper use of the facility emergency supply box, or E-Kit.
  • Identify proactive measures the long-term care professional can implement to help avoid delayed receipt of medications.
  • Click here for more info or to order!
  • Read ASCP's disclaimer on the content of this video.


Latest DEA News

September 2, 2010
ASCP Seeks Changes to DEA Regulations, Responds to June Federal Register Notice
ASCP has asked the Drug Enforcement Administration (DEA) to consider changes to the Controlled Substances Act regulatory framework to improve timely access to controlled medications for residents in long-term care settings. In a letter response to a June 29 DEA Request for Information Notice, “Dispensing of Controlled Substances to Residents at Long Term Care Facilities,” ASCP requests  that DEA clarify through formal rulemaking or policy statement the statutory definition of “agent” in relation to a physician who prescribes controlled medications to patients in long-term care facilities.

ASCP recommends DEA recognize nurses as agents of physicians who prescribe controlled medications to patients in long-term care facilities and patients enrolled in Medicare- or state-certified hospice programs. ASCP also asks DEA to recognize patient charts containing controlled medication orders as valid prescriptions.

August 10, 2010
Senate Aging Committee Releases Discussion Draft Bill for LTCF Registration
In yet another twist in the long-running issue with DEA, the Senate Special Committee on Aging under the direction of Senator Herb Kohl (D-WI), in conjunction with the Senate Judiciary Committee, has released a discussion draft of an untitled bill proposing to amend the Controlled Substances Act (CSA), which would create a registration category for nursing homes.  The objective of the proposed new CSA authority is to promote the timely administration of controlled substances in nursing home settings.  The draft discussion bill was released publicly following a meeting between Aging Committee staff and officials from the DEA and the Department of Justice (DOJ).

July 29, 2010
Ohio Board of Pharmacy Registration and Waiver Proposal Sent to DEA
ASCP has received the final draft of of the proposed long-term care facility registration category description developed by the ad hoc pharmacists group under Ohio’s Board of Pharmacy, which was submitted to DEA this week.  (Download the proposal here.) Other stakeholders have not had an opportunity to review and provide formal comments on this proposal. 

However in the weeks preceding the release of this draft, feedback provided by members, including the ASCP Advocacy Council, helped us to develop a set of criteria required for ASCP to support any solution being considered as a fix for patient access to controlled pain medications.

In general, an appropriate solution would incorporate:
  • recognition of the long-term care nurse as the agent of the prescriber of medications including controlled substances CII-CV
  • recognition of chart orders as valid prescriptions for CII-CV controlled substances
  • applicability to a majority of states within a short period time relative to other options, and applicability to all states within a reasonable period of time
  • administrative procedures and requirements that do not represent an undue burden to long-term care facility staff or are counter-productive
  • the input of all stakeholders responsible for complying with any new legislation, regulation or compliance guidance facilitating the fix
As suspected, this draft does not meet the above listed criteria.  This proposal can only be applied in fewer than 10 states including Ohio.  As previously discussed, this draft only incorporates the input of a select group of long-term care pharmacists in Ohio and one corporate long-term care facility chain. Therefore it is unclear whether this model could be applied to any other states within a reasonable period of time or if stakeholders, such as those included in the membership of the QCCPP, believe this proposal to be workable in all or most nursing home settings.

June 29, 2010
DEA Issues Request for Comment in Consideration of Possible CSA Revisions to Accommodate LTCF Residents

The Drug Enforcement Administration (DEA) issued a notice today in the Federal Register requesting the public's feedback on whether the agency should revise existing regulations in order to make it easier for residents in long-term care facilities (LTCFs) to gain access to controlled substance medications.  DEA is specifically seeking comments from practitioners, pharmacists, LTCFs, nurses, residents and families of residents in long-term care.

This request for comment appears to be directly related to the decades-long advocacy efforts of ASCP, as well as the work done by the multidisciplinary, multi-stakeholder Quality Care Coalition for Patients in Pain (QCCPP).  Representatives from all aspects of long-term care have long requested relief from the wait experienced by patients denied timely access to narcotic pain medications due to DEA regulations that are not compatible with the long-term care practice model.  DEA's request for comment presents stakeholders with another opportunity to seek changes to the Controlled Substances Act (CSA) that would allow for the LTCF nurse to be recognized as the agent of the prescribing physician and to allow chart orders to be recognized as valid prescriptions for controlled substance medications.

The request for comments concludes with a list of 56 questions for which DEA would like comments.  Some of these questions are fairly basic and reflect a need for more information and better understanding by DEA about fundamental aspects of LTCF operations.  In other cases, the questions are attempting to solicit anecdotes or evaluate the scope or frequency of problems in LTCFs that result from DEA regulations.

ASCP's comments will be managed through the Policy & Advocacy department with support from our leadership committees including the Advocacy Council, the Executive Committee and the Board of Directors.  Members working on this issue at the local chapter level may get involved by joining our Grassroots Network.  To join ASCP's Grassroots Network, click here: http://bit.ly/grsignup
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