Kentucky: DEA has relaxed controlled substance laws… BUT…we are business as usual

Please contact the Drug Enforcement and Professional Practices Branch of the Kentucky Office of Inspector General in the Cabinet for Health and Family Services at 502-564-7985 with any questions.

APPLICABLE KENTUCKY CONTROLLED SUBSTANCES LAWS

This information is current as of April 2, 2020.

Although the DEA has relaxed Federal controlled substances laws, Kentucky Drug Enforcement and Professional Practices Branch of the Kentucky Office of Inspector General in the Cabinet for Health and Family Services has not. Therefore, Kentucky laws, since they are more stringent, must be followed. Please reference the attached document for additional guidelines.

So the attorneys within the “Cabinet for Health and Family Services ”  have decided that they are not going to made a temporary relaxing of KY’s laws concerning Controlled Substance Acts… to sync with those the DEA has done at the Federal level.

It isn’t as if KY has made so much progress in fighting the war on drugs over the last 50 yrs that relaxing some portions of their Controlled Substance Act would cause them to loose so much grown in fighting the war on drugs in their state.

Of course, this decision appears to have been made by those who are part of our judicial system and may not take into consideration for the health of anyone that has a valid medical necessity for being prescribed controlled substances.

There was nothing mentioned in the information that I have received that there appears to also no change in how those being treated for  substance abuse/addicts… if so, at least they are consistent… consistently STUPID !

APPLICABLE KENTUCKY CONTROLLED SUBSTANCES LAWS 4.2.2020 V 1

As full disclosure, I have been a licensed Pharmacist in the State of KY since July 1970

Headlines suggests increased controlled substance production quotas – details suggests oral opiates – business as usual.

Exclusive: Opioid supply crunch for U.S. coronavirus patients prompts appeal to relax limits

https://www.reuters.com/article/us-health-coronavirus-usa-opioids-exclus-idUSKBN21K2ZJ

(Reuters) – U.S. doctors running out of narcotics needed for COVID-19 patients on ventilators are asking the federal government to raise production limits for drugmakers, according to a letter seen by Reuters, after national quotas had been tightened to address the opioid addiction crisis.

Health workers in protective gear peer from a tent which was constructed to test people for the coronavirus disease (COVID-19) outside the Brooklyn Hospital Center in Brooklyn, New York City, U.S., March 27, 2020. REUTERS/Andrew Kelly – RC2ESF9VPJJ5

The global coronavirus pandemic has led to more than 5,300 deaths nationwide, with over 227,000 confirmed cases, according to a Reuters tally, and has sent states and the federal government scrambling to obtain enough ventilators to treat patients struggling to get oxygen.

At the same time, hospitals are churning through drugs, including injectable fentanyl, used to safely place patients on ventilators and keep them sedated so their lungs can heal.

The U.S. government sets annual limits on how much tightly regulated narcotics can be produced by pharmaceutical companies, and then allocates portions to various manufacturers. Amid an outcry over opioid abuse, the U.S. Drug Enforcement Administration (DEA) reduced the overall fentanyl quota by over 30% for 2020. 

In a letter to the DEA on Tuesday, groups including the American Medical Association and the American Society of Health-System Pharmacists (ASHP) said supplies of injectable fentanyl, morphine and hydromorphone are already in short supply and asked for increased company allocations. 

“We appreciate DEA’s work to protect against diversion and maintain control over the flow of opioids into our communities,” they wrote. “However, during this unprecedented health crisis, hospitals must have sufficient (drug) supply to treat patients.”

A senior DEA official told Reuters the agency currently believes the existing national quotas are “completely sufficient” to meet the spike in demand,

and there is still room for additional allocations to companies under the cap to make millions more injectable doses that hospitals use.

The agency is closely monitoring the situation, however, and has begun discussing steps it can take to expedite an overall quota hike if necessary, the official, who asked to remain anonymous, said.

“These are unprecedented times, and the DEA is taking unprecedented actions to make sure we support hospitals on the front lines,” the official said.

In a statement, Pfizer Inc (PFE.N) said it adjusted production schedules to prioritize injectable fentanyl in high demand. The DEA raised the company’s quota this week, it said.

U.S. hospitals are currently projected to need about 40,000 intensive care beds to treat patients with COVID-19, the highly contagious respiratory illness caused by the virus, according to the Institute for Health Metrics and Evaluation at the University of Washington. That could lead to a shortage of nearly 20,000, IHME said.

Nearly 32,000 ventilators may be needed, IHME said, although Governor Andrew Cuomo has said New York alone may need 30,000 to address the expected spike in cases in coming days and weeks at the outbreak’s current epicenter.

Doctors and nurses can use a range of drugs to help patients that need a ventilator. Some, such as anesthesia drug propofol, are not as tightly regulated as opioids like fentanyl. But hospital staff around the country have already begun reporting shortages of many of these drugs, and difficulty filling orders.

Demand for fentanyl, hydromorphone and morphine spiked 67% in March compared to January, according to Vizient, which helps healthcare providers manage their supply chains. At the same time, the fill rate for Vizient members had dropped to 73% by March 25.

‘A VERY SERIOUS ISSUE’

Dr. Michael Ganio, director of pharmacy practice and quality at ASHP, said doctors will be forced to use different and less common combinations of sedatives if shortages continue to mount. That increases the risk of medical errors, he said.

The DEA last week agreed to relax inventory controls for manufacturers, allowing them to produce and store more than 65% of their annual quota throughout the duration of the emergency.

“This exception does not authorize any manufacturer to exceed his previously established annual manufacturing quota,” the DEA wrote.

The U.S. Department of Health and Human Services issued a request for information from drug manufacturers this week on their ability to rapidly produce the maximum number of ventilator medicines, with various quantity and price scenarios.

“The United States has a critical need to procure priority medicines for ventilated ICU (intensive care unit) patients in response to COVID-19,” it said.

Patients may receive paralyzing drugs, in addition to sedatives, to increase the ventilator’s effectiveness. If the sedatives are not effective, a patient could potentially gain consciousness but be unable to alert medical staff.

“It keeps me up at night,” Ganio said. “This is a very serious issue we’re seeing.”

If you read this article… everything that is being discussed is INJECTABLES POTENTIALLY having a INCREASE in INJECTABLE PRODUCTION QUOTAS. According to the article, NOTHING is being discussed about oral opiates.

And according to this UNNAMED DEA OFFICIAL…. supplies a of injectable controlled substances are COMPLETELY SUFFICIENT !!!

A senior DEA official told Reuters the agency currently believes the existing national quotas are “completely sufficient” to meet the spike in demand

30-45 days ago, there were a handful of words that was not in the vocabulary of the “average joe/jane”… COVID-19, Plaquenil (Hydroxychloroquine), Chloroquine, Ventilator, shelter in place for starters.

Many of us suspected that it would take some sort of catastrophe affected the average  joe/jane to maybe get some change to the way that the war on drugs/pts was being conducted.  Who could have predicted that the catastrophe would only potentially affect a very narrow list of controlled substances ?

How many deaths from complication of a pt’s existing comorbidity issues will be blamed on COVID-19 or if they have a legally prescribed opiate in their toxicology be labeled as a opiate related death and is there going to be a increase in suicides because of shortage of opiates that the DEA will not admit that it exists or take any prompt action to attempt to increase availability of controlled substances – ACROSS THE LINE OF PRODUCTS.

Most all opiate related DEAths …. have a common denominator !!!

 

 

RIP Jennifer Hill – CRPS Warrior SUICIDE

 

RIP Gravestone

Committed Suicide on her 53rd BIRTHDAY April 1, 2020

my money is on that no one involved in her pain management care – or denial of care – will be held responsible for this

Independent pharmacies are working around the clock to ensure patients receive the medications they need during the pandemic

National Community Pharmacists Association CEO Doug Hoey says pharmacies are working around the clock to ensure patients receive the medications they need during the pandemic.

https://video.foxbusiness.com/v/6146117001001/?playlist_id=933116627001#sp=show-clips

Doctor Shares The Biggest Lie About COVID-19 | UK Data

https://youtu.be/0ts8X3HDtPE

Doctor Shares The Biggest Lie About COVID-19 | UK Data

There has been a particularly harmful misconception which has led many to believe coronavirus is a trivial problem that won’t affect them. These are results from the first 775 patients admitted to intensive care in the UK, with COVID-19. Time to put the misconception that this disease only preys on the elderly and those with significant medical conditions, to rest. Erratum: Thanks to a couple of friends who pointed out that I should’ve been clearer with the deaths statistic – when saying around half have died, that refers to those with outcomes recorded, ie patients who have either left ICU alive or dead. Many of these patients are still in ICU right now, so the rate may change *however* if you click the link below you can see a steady state emerging between discharge alive and dead, suggesting the 52:48 ratio is probably about right. Link to ICNARC report: https://www.icnarc.org/About/Latest-N… Next video is ready to go and is non-COVID, promise! ETA: soon.

CDC has lied about the need to wear a mask in public

chain pharmacies failed in lawsuit blaming physicians being responsible for the opiate crisis.

Judge Dismisses Pharmacies’ Lawsuit Against Physicians

https://www.nytimes.com/aponline/2020/04/01/business/bc-us-opioid-crisis-lawsuits.html

CLEVELAND —

A federal judge in Cleveland has dismissed an effort by pharmacy companies to shift their liability for the opioid crisis to physicians and practitioners in the two Ohio counties suing them, alleging they created a public nuisance.

U.S. District Judge Dan Polster ruled Tuesday that lawsuits filed by Cuyahoga County, which includes Cleveland, and Summit County, which includes Akron, are not tied to prescribing practices, but to the failure of the companies to implement systems and policies to prevent the illegal diversion of painkillers.

“Plaintiffs’ theory and intended proof do not rely on whether prescribers made negligent or fraudulent representations,” Polster wrote.

Adding claims against prescribers would cause a significant delay in the trial of the counties’ lawsuits by defense lawyers practicing the Seattle area against Walgreens, CVS, Rite Aid, Discount Drug Mart and HBC, scheduled to begin in November, Polster said.

The two counties reached a $250 million settlement with three drug distributors and a generic drug manufacturer before the start of a trial last October.

Attorneys for the pharmacy chains argued in a filing in January that Polster should reject the counties’ claims because pharmacies can fill only prescriptions written by prescribers authorized by the state of Ohio and registered with the U.S. Drug Enforcement Administration.

“While pharmacists are highly trained and licensed professionals, they did not attend medical school and are not trained as physicians,” the attorneys wrote.

The executive committee for plaintiff attorneys in the multi-district opioid litigation issued a statement Wednesday applauding Polster’s ruling.

“The dismissal of defendants’ third-party claims reaffirms that pharmacies must be held accountable for years of sidestepping their obligations under the law to protect the American people from controlled substances,” the statement said.

Polster is overseeing more than 2,000 opioid-related lawsuits filed by cities, counties, tribal governments and hospitals against drugmakers, distributors and pharmacies seeking to hold them accountable for the opioid crisis, which has been linked to more than 400,000 deaths in the U.S. since 2000.

Those deaths include fatal overdoses from both prescription opioids and illegal ones such as heroin and illicitly made fentanyl.

Attorneys for the pharmacy chains argued in a filing in January, pharmacists are highly trained and licensed professionals, they did not attend medical school and are not trained as physicians.

The question has to be asked… if the chain pharmacies’ attorney are claiming that pharmacists do not have the educational background of a physician. Why aren’t the chains challenging the DEA in making the interpretation of the Controlled Substance Act .. in particular the phrase “corresponding responsibility” that Pharmacists have the legal responsibility to basically provide a SECOND MEDICAL OPINION on the appropriateness of prescription for a pt.. when the pharmacist – generally – doesn’t have access to the pt’s medical records, have no training nor legal right to do a in person physical exam of the pt and in general we are talking about subjective diseases. Where only the pt really has a idea of the intensity of their health issues and symptoms.

With all the monies that these chains put into political election campaigns and lobbying Congress and instead of trying to help their pts dealing with subjective diseases… they file lawsuits against prescribers who have been trying to help improve the quality of life of those suffering from subjective diseases. Can anyone really even think that these chain pharmacies have the any interest in the quality of life of those pts suffering from subjective diseases by actions such as filing these lawsuits against prescribers ?

COVID-19 policy recommendations for OUD, pain, harm reduction

COVID-19 policy recommendations for OUD, pain, harm reduction

https://www.ama-assn.org/delivering-care/public-health/covid-19-policy-recommendations-oud-pain-harm-reduction

Updated March 26, 2020

The AMA is providing the following policy recommendations to help states and others with specific policy recommendations amid the COVID-19 global outbreak. These recommendations are to help guide policymakers reduce the stress being experienced by patients with an opioid use disorder (OUD) and pain as well as support efforts to continue harm reduction efforts in communities across the United States.

Featured updates: COVID-19

Track the evolving situation with the AMA’s library of the most up-to-date resources from JAMA, CDC and WHO.

Read the Latest

1. Ensuring access to care for patients with an opioid use disorder

  • Designate medications to treat addiction (buprenorphine, methadone, naltrexone) and medications to reverse opioid-related overdose (naloxone) as “essential services” to reduce barriers to access during “shelter-in-place” orders. The U.S. Drug Enforcement Administration has already waived federal requirements for in-person visits before controlled substance prescribing; we encourage states to take similar action for their controlled substance regulations.
  • Prohibit cost-sharing and prior authorization for medications used to treat addiction, including buprenorphine, methadone and naltrexone; allow for a 90-day prescription for patients receiving buprenorphine; payers should suspend all day limits on residential and intensive out-patient therapy.
  • States should request a blanket exception to SAMHSA for Opioid Treatment Programs (OTP) to receive Take-Home doses of a patient’s medication for opioid use disorder.
  • Remove any restrictions on the Medicaid preferred drug lists to help avoid medication shortages. This includes ensuring coverage for methadone for patients receiving care in an OTP.
  • Correctional and justice settings should temporarily waive strict requirements for submitting drug tests, in-person counseling and “check-ins” and similar requirements; suspend consequences for failure to meet strict reporting, counseling and testing requirements, including removal from public housing, loss of public benefits, and return to jail or prison. Additional efforts must be made to ensure people receiving MAT in criminal justice settings receive help in transitioning to care after release.

2. Protecting patients with pain

  • Waive limits and restrictions on prescriptions for controlled substances, waive for the period of state and national emergency the restrictions on dose and/or quantity as well as refills.
  • Waive requirements for electronic prescribing of controlled substances, including requirements for an in-person evaluation for patients requiring a refill; provide liability protections for physicians who prescribe controlled substances for current patients the physician believes in good faith is stable and compliant with taking his or her medications.
  • For patients with chronic pain, waive testing requirements and in-person counseling requirements for refills; allow for telephonic counseling to fulfill state prescribing and treatment requirements.
  • Enhance home-delivery medication options for patients with chronic pain.

3. Harm reduction to help prevent overdose and spread of infectious disease

  • Designate supplies provided by harm reduction organizations as “essential services” to reduce barriers to access during “shelter-in-place” orders.
  • Provide assistance to harm reduction organizations to help ensure adequate supplies of naloxone to continue community-based naloxone distribution efforts.
  • Ensure continuity of syringe services programs, including provision of PPE. Expand PPE priority to include harm reduction organizations and other community-based organizations that provide services to people who inject drugs to help protect against the spread of infectious disease.

Indiana COVID-19 Data as of March 31st, 11:59PM

https://coronavirus.in.gov/2393.htm

 

FDA Wants All Ranitidine Products Off the Market

FDA Wants All Ranitidine Products Off the Market

— Finds levels of probable carcinogen increase during storage

https://www.medpagetoday.com/gastroenterology/generalgastroenterology/85740

WASHINGTON — All ranitidine products should be pulled from shelves immediately, the FDA said Wednesday, including brand-name Zantac as well as generic versions of the prescription and over-the-counter antacid.

Notably, this was not because of direct evidence of N-Nitrosodimethylamine (NDMA), a probable human carcinogen, being present in particularly high concentrations in the drug itself.

“We didn’t observe unacceptable levels of NDMA in many of the samples that we tested. However, since we don’t know how or for how long the product might have been stored, we decided that it should not be available to consumers and patients unless its quality can be assured,” Janet Woodcock, MD, director of the FDA’s Center for Drug Evaluation and Research, said in a statement.

“The agency has determined that the impurity in some ranitidine products increases over time and when stored at higher than room temperatures may result in consumer exposure to unacceptable levels of this impurity,” according to the FDA announcement.

Reports of NDMA impurities in ranitidine began in the summer of 2019, following similar discoveries in generic angiotensin receptor blockers.

Now, the FDA is sending letters to all manufacturers of ranitidine requesting they withdraw their products from the market. The agency is also advising consumers to stop buying and taking over-the-counter ranitidine. Those who wish to continue treatment to relieve gastroesophageal reflux and for gastric and intestinal ulcer prevention should consider using other approved products, the FDA said.