Elizabeth Warren Advocates to Formalize Barriers for Pain Patients
https://filtermag.org/elizabeth-warren-partial-refills/
Five lawmakers, including Senator Elizabeth Warren, have renewed their demands for the DEA to double down on its policy of limiting pain patients’ access to their medication
Their position is premised on a misunderstanding of the ever-worsening overdose crisis—which is currently driven by an illicit heroin and stimulant supply adulterated by the synthetic opioid, fentanyl.
In an October 6 letter to acting DEA Administrator Timothy Shea that is almost exactly the same as one from July 2018, Sen. Warren, who has a track record of supporting harm reduction services, called on the drug-war agency to update the agency’s medication “partial fill” regulation to clarify that pharmacists can voluntarily withhold some of an opioid prescription, as advised by the patient’s prescriber. Patients can also request them.
The bipartisan Comprehensive Addiction and Recovery Act (CARA) of 2016 authorized these partial fills of Schedule II controlled substances when pharmacists are “unable to supply the full quantity.” This was an attempt, the bill states, to “address the prescription opioid abuse and heroin use crisis” by cutting patients’ access to medications. But due to the DEA’s “foot dragging,” as the five politicians describe it, part of the legislation remains unimplemented
“We can’t afford to neglect the opioid epidemic, nor the communities it is affecting the most, while we continue to combat COVID-19,” wrote Senator Warren in an op-ed published by a local Massachusetts newspaper less than a week before her latest letter to the DEA.
But her advocacy in the name of people who use opioids may have mixed results for their wellbeing. Warren’s press team did not respond to Filter‘s request for comment.
Opioid analgesics can be crucial for pain patients’ mental and physical wellbeing, and partial fills may function as a type of harm reduction support. “If someone’s having trouble controlling their medication, it’s a good thing,” pain patient advocate Anne Fuqua told Filter. The current accepted use of partial fills for when pharmacists run out of a medication is also beneficial to patients, she added. “If my pharmacy is out, I’d have to wait or forfeit [my prescription]. You’d have to get a second prescription and some doctors don’t care.”
On the flip side, for Fuqua, partial fills could make pain patients’ lives more difficult. “If the doctor writes a script for once a month but you have to pick it up every week, that would be a tremendous burden.”
They therefore risk adding one more barrier for patients who have already been harmed by other prohibitionist attempts at getting a handle on the overdose crisis. “Clinicians might universally stop prescribing opioids, even in situations in which the benefits might outweigh their risks,” the Centers for Disease Control and Prevention (CDC) wrote in a 2017 commentary. “Such actions disregard messages emphasized in the guideline that clinicians should not dismiss patients from care, which can adversely affect patient safety, could represent patient abandonment, and can result in missed opportunities to provide potentially lifesaving information and treatment.”
Politicians’ fixation on the prescription opioid supply further misses what is driving record-breaking, preventable overdose deaths—especially among poor communities and communities of color, both of whom have been made vulnerable to drug-related harms by the federal governments’ austere health policy.
Deaths involving cocaine and methamphetamine reportedly surpassed those of most opioids for the first-time in August 2019, an apparent turning point in the nature of the drug-involved deaths crisis in the United States. The latest CDC data show that, in the last month of that summer, more people’s predicted deaths involved cocaine (15,206) and/or “psychostimulants with abuse potential” (15,180)—a vague category that includes crystal meth—than those involving heroin (14,674), “natural & semi-synthetic opioids” (12,093), meaning opioid analgesics, and/or methadone (2,849) combined.
Black Americans who use cocaine are disproportionately likely to die from an overdose or overamp. According to a September 2020 study, 11 percent of reported cocaine users are non-Hispanic Black, yet more than one-quarter (27 percent) of cocaine-related fatalities involved non-Hispanic Black people. In 2018, the non-Hispanic Black cocaine-involved death rate was twice that of whites, despite past-year cocaine use prevalence being about the same between the two groups.
The synthetic opioid fentanyl is playing a large part in the current overdose crisis too. As of February 2020, it was by far the most common substance involved in the historic death toll. But its supply is mostly through illicit markets, not patient diversion, as the DEA has reported.
Warren’s recent op-ed failed to recognize these trends. Instead, she continued to characterize the issue as an “opioid crisis” and made no mention of the role of stimulants. She did mention fentanyl, but only to say that pharmaceutical companies left people who use drugs “vulnerable to developing addictions to more dangerous and illicit substances like fentanyl.” While some people have come to prefer fentanyl (which doesn’t necessarily indicate addiction), many who experience its harms don’t know about its presence in their drugs.
Warren has worked to advance laws that hold greater promise for ending the crisis. In April 2018, she and the late Representative Elijah Cummings introduced the Comprehensive Addiction Resources Emergency (CARE) Act—a bill, yet to become law, that would provide to frontline interventions what CARA failed to: money. Billions in federal funds would go to bolstering hard-hit jurisdictions’ responses; advancing public health research and surveillance; supporting treatment, prevention, recovery and harm reduction; and expanding professional and public access to naloxone, the opioid overdose reversal medication.
Filed under: General Problems
You know, as I was reading this, I got the impression the data is manipulated for their purposes. Is it only me?
One of the basics of medicine is starting, changing, and stopping a patient’s therapy. I asked http://www.perplexity.ai what is the consequences for an attorney who tries to practice medicine without a license:
An attorney who practices medicine without a license can face severe consequences:
1. Criminal penalties:
– Felony charges in many states[9]
– Prison sentences ranging from 1 to 10 years[9]
– Fines up to $10,000[9]
2. Civil penalties:
– Fines of up to $5,000 per incident[9]
– Cease-and-desist orders[9]
– Additional penalties for violating cease-and-desist orders[9]
3. Professional consequences:
– Potential disbarment or suspension of law license
– Damage to professional reputation[8]
4. Legal liability:
– Civil lawsuits from patients for damages[9]
– Presumption of negligence in some states, such as New York[9]
5. Additional repercussions:
– Criminal charges for anyone aiding or conspiring with the unlicensed practitioner[7]
– Possible punitive damages in civil cases due to intentional deception[1]
It’s important to note that the unauthorized practice of medicine is taken very seriously, regardless of the perpetrator’s professional background. An attorney engaging in such activities would face the same severe consequences as any other individual practicing medicine without a license, with the added risk of jeopardizing their legal career.
Citations:
[1] https://www.alllaw.com/articles/nolo/medical-malpractice/practicing-without-license-criminal-civil-liability.html
[2] https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1853
[3] https://protectingpatientrights.com/blog/practicing-medicine-without-a-license/
[4] https://josephdooleylaw.com/medical-malpractice-attorney-chicago/
[5] https://www.mfellattorneyatlaw.com/practice-areas/professional-crimes/practicing-medicine-without-a-license/
[6] https://www.lucymcallisterlicensinglaw.com/practicing-medicine-without-a-license/
[7] https://www.williamsnickl.com/facing-charges-of-unlicensed-practice-in-illinois/
[8] https://theorlandocriminaldefense.com/practicing-medicine-without-a-license/
[9] https://www.criminaldefenselawyer.com/resources/practicing-medicine-without-a-license.htm
[10] https://www.findlaw.com/healthcare/patient-rights/what-is-the-unauthorized-practice-of-medicine.html
Senator Eliz Warren has a law degree as is typical of 30%-40% of Congress, and according to Wikipedia https://en.wikipedia.org/wiki/Elizabeth_Warren and during most of the 1980’s she worked as a Law Professor at several law schools. According to my blog post from 12/11/2020, Five lawmakers, including Senator Elizabeth Warren, have renewed their demands for the DEA to double down on its policy of limiting pain patients’ access to their medication. Could that statement meet the definition of 1 or 2 of the basic functions of practicing medicine? Are they also violating this federal law that has been on the books since 1935? As was frequently stated during the current President’s term, ” no one is above the law” but they always failed to mention the last of that statement “.. except those who are in charge of enforcing our laws …”
42 USC 1395: Prohibition against any Federal interference
https://uscode.house.gov/view.xhtml?req=(title:42%20section:1395%20edition:prelim)
From Title 42-THE PUBLIC HEALTH AND WELFARE CHAPTER 7-SOCIAL SECURITY SUBCHAPTER XVIII-HEALTH INSURANCE FOR AGED AND DISABLED
§1395. Prohibition against any Federal interference
Nothing in this sub chapter shall be construed to authorize any Federal officer or employee to exercise any supervision or control over the practice of medicine or the manner in which medical services are provided, or over the selection, tenure, or compensation of any officer or employee of any institution, agency, or person providing health services; or to exercise any supervision or control over the administration or operation of any such institution, agency, or person.
(Aug. 14, 1935, ch. 531, title XVIII, §1801, as added Pub. L. 89–97, title I, §102(a), July 30, 1965, 79 Stat. 291 .)
[…] is an article from FIVE SENATORS Elizabeth Warren Advocates to Formalize Barriers for Pain Patients » Elizabeth Warren Advocates to Formalize Barriers for Pain Patients PHARMACIST STEVE calling for the DEA to increase the DENIAL of pain medications to chronic pain patients. Here is a […]
I am in total agreement with ‘iamfbch’ (above comment). I’ve already had my meds cut and now they want to take away the only thing that makes my life livable. Health care needs to be between doctors and patients. Politicians – get out of my life.
There in lies the problem with Health Care n this “crisis” Heres a woman who doesnt know here own “Race” or if shes male or female writing laws on medication Why is this allowed? Everyone of these useless braindead corrupt politicians do not or should not have a say or anything to do with health. How do we stop this madness? All its going to do is lead to more “illegal drug ODs” There has to be a way to stop these maggots from having any say in Health…The GOVT. should not be involved in our health care period!!