Oops, they did it again. Indiana agency wrongly issues fines to stores selling CBD oil

https://www.indystar.com/story/news/politics/2017/12/29/oops-they-did-again-indiana-agency-wrongly-issues-fines-stores-selling-cbd-oil/987596001/

The Alcohol and Tobacco Commission wrongly issued fines to at least two stores for selling cannabidiol, or CBD oil and cbd sour gummies, accidentally clouding Gov. Eric Holcomb’s promise not take such action until the end of January. 

In November, Holcomb said state excise police would resume checks for the cannabis extract after Attorney General Curtis Hill issued an opinion declaring CBD oil illegal in Indiana. However, for the first 60 days, he said excise police would only issue warnings, giving time for stores to pull the product from store shelves and lawmakers time to pass clarifying legislation. 

But at least two stores received a letter from ATC prosecutor David Coleman, stating they owed fines for citations excise police issued in May or June, before the ATC put a moratorium on CBD oil seizures. It’s another in string of incidents that have led to widespread confusion over the state’s CBD law. These days people can look for cbd flower near me and avail medicinal CBD.

The agency said the letters were sent in error. An ATC spokeswoman said she was uncertain how many more stores may have erroneously received a letter issuing fines, but the agency is working to determine that.

 

Jeff Shelton and his co-owner at Happy Daze Smoke Shop on the city’s west side received a letter just before Christmas asking them to pay $750 worth of fines. The shop was administratively charged with possession of marijuana, unlawful manufacture distribution or possession of counterfeit substance, tobacco sales at site of nuisance, prohibited smoking and hindering enforcement. 

Karma Smoke shop on the southwest side of Indianapolis also was a sent a letter issuing $200 worth of fines. 

David Cook, chairman of the ATC, called the shops this week to tell them that letter was a mistake. The agency is not taking any action against stores previously cited selling CBD.

“That letter was sent out erroneously,” Cook said in a statement to IndyStar. “The specific violations were mistakenly contained in our system, and should be disregarded. This was an administrative error and we are working to identify those who received a letter.”

Shelton said he was told “somebody pressed the wrong button.” 

Shelton saw the mistake as just the latest example of inconsistent policies on CBD oil within state government. 

“There’s not a consensus within the government,” Shelton said. “We’re still getting different statements from the attorney general and the governor. If they’re not even sure of what’s legal and what’s not legal or what their position is, then how can we be clear?”

Even during the phone call with Cook, Shelton said he wasn’t given a clear answer on whether his CBD products were legal, despite containing no tetrahydrocannabinol, or THC, the compound in marijuana that produces a high. 

Holcomb had previously said that after the initial 60-day grace period, violation citations would only be given to stores selling CBD products containing THC. 

The agency’s handling of CBD oil regulations has been heavily criticized by advocates of the product.  For more CBD Information make sure that you visit a reliable site. Prior to any guidance from Holcomb or a legal opinion from Hill, the ATC began issuing citations to stores selling CBD oil following the passage of a law that created a CBD oil registry for epileptic patients in April. 

In several cases, officers incorrectly told store owners that a prescription was required to possess CBD, according to incident reports. While the law does require a diagnosis for treatment-resistant epilepsy, it does not require a prescription. 

“It sounds like we’ve got an agency that is out of control,” Rep. Jim Lucas, R- Seymour said after learning about the confiscations.

Even after agency heads announced a moratorium on the confiscations in August, officers gave a warning to one store and issued a violation to another for selling CBD products.

The agency admitted those were errors too. 

Stephanie Wilson, a spokeswoman for Holcomb, said the latest “administrative error” isn’t indicative of a larger problem.

“I don’t think we should read too much into it,” Wilson said. “I think it was an administrative error that they’re already in the process of fixing.”

Call IndyStar reporter Kaitlin Lange at (317) 432-9270. Follow her on Twitter: @kaitlin_lange.

 

Congress To DEA: Update Schedule II Partial Fill Regulations Swiftly

www.fdalawblog.net/2017/12/congress-to-dea-update-schedule-ii-partial-fill-regulations-swiftly/

Obscured last week amidst the tumultuous passage of tax reform, Congress urged the Drug Enforcement Administration (“DEA”) in a bipartisan letter to quickly update its regulations and guidance on the partial filling of schedule II controlled substance prescriptions. The letter notes that “[l]arge amounts of unused medications are a key contributor” to the nationwide opioid crisis and that between 67% and 92% of surgery patients “reported they had unused opioids remaining after the procedures.”  Letter from Congress of the United States, to Robert Patterson, Acting Administrator, DEA (Dec. 21, 2017).

The letter states that Congress passed the Comprehensive Addiction and Recovery Act (“CARA”) in July 2016 in part to prevent further stockpiling of unused prescribed opioids by amending the Controlled Substances Act (“CSA”) to enable patients or physicians to request that pharmacists partially fill schedule II substances that include prescription opioids and to allow remaining quantities to be filled up to 30 days after issuance of a prescription if necessary.

Prior law and current DEA regulations allow pharmacists to partially fill schedule II controlled substance prescriptions only if the pharmacy is unable to dispense the full prescribed quantity. 21 C.F.R. § 1306.13(a).  Pharmacists may dispense the remaining quantity within 72 hours of the first partial dispensing and cannot dispense any further prescribed quantity beyond 72 hours thereby requiring the prescriber to issue a new prescription.  21 C.F.R. § 1306.13(a).  Current regulations also allow partial dispensing of schedule II prescriptions to patients in a Long Term Care Facility or those diagnosed with a documented terminal illness.  21 C.F.R. § 1306.13(b).  Pharmacists can partially fill schedule III-V controlled substance prescriptions as long as no dispensing occurs after six months from the date of issue.  21 C.F.R. § 1306.23.

CARA amended the CSA to allow for the partial dispensing of a schedule II prescription if not prohibited by state law, requested by the patient or prescriber and the total quantity dispensed in partial fillings does not exceed the total quantity prescribed. 21 U.S.C. § 829(f)(1).  The amended CSA prohibits further partial dispensings later than 30 days after the prescription is written and no later than 72 hours in emergency situations.  21 U.S.C. § 829(f)(2).  The letter urges DEA to “swiftly” update its regulation and guidance as pharmacists and prescribers, “critical partners in the fight against the opioid epidemic,” are reluctant to comply with the amended CSA’s partial dispensing provisions until the agency does so.

 

10 Myths About the Opioid Crisis

www.painnewsnetwork.org/stories/2017/12/24/10-myths-about-the-opioid-crisis

There is no shortage of false statements being made about opioids. As the overdose crisis worsens, old and debunked claims reappear, while new claims rise up alongside them. Pundits, politicians and even physicians are perpetuating them, despite all evidence to the contrary.

So let’s set the record straight in order to promote an informed dialog about opioid medication, chronic pain, and the opioid crisis.

Myth 1: America has 5% of the world’s population but uses 80% of the world’s opioids.

Numerous politicians, such as Missouri Sen. Claire McCaskill and former New Jersey Gov. Chris Christie, as well as many journalists, have made this statement. It is demonstrably false.

In fact, the U.S. only uses about 30% of the world’s opioid supply. That estimate includes the addiction treatment drugs methadone and buprenorphine, both of which are opioids.

Myth 2: 80% of heroin addicts began by abusing prescription opioids.

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This myth is pernicious because it is based on a kernel of truth. The number is correct but the implication is wrong. Only 4 to 6% of people who misuse prescription opioids go on to use heroin. And the number of people who start heroin without taking prescription opioids first has been rising in the past year.

Myth 3: Addiction starts with a prescription.

This claim persists despite decades of data to the contrary. A 2010 study found that only one-third of 1% of chronic pain patients without a history of substance abuse became addicted to opioids during treatment. Most abuse begins when people take medication that was not prescribed to them, using pills that were stolen, purchased illegally, or obtained from friends and family members.  

Myth 4: Opioid use leads to pain sensitization or ‘opioid induced hyperalgesia.’

Addiction treatment specialists like to repeat the claim that long-term opioid use makes patients hypersensitive to pain. But hyperalgesia is poorly understood and often confused with opioid tolerance. One study found that chronic pain patients on opioids had no difference in pain sensitivity when compared to patients on non-opioid treatments.    

Myth 5: Opioid overdoses are killing 64,000 people per year.

Nearly 64,000 Americans died from drug overdoses last year, according to the CDC, so that part is true. But opioids were involved in only about two-thirds of those deaths – and most of those overdoses involved heroin and illicit fentanyl.

Myth 6: Reduced opioid prescribing will end the overdose crisis.

Reduced prescribing is clearly not working.The number of opioid prescriptions has been in steady decline since 2010, yet fatal overdoses have risen sharply ever since.

Myth 7: Medical cannabis will cure the opioid crisis.

This is a recurring myth, made popular again in 2017. Unfortunately, not only does the recent data show that medical cannabis is not helping in states where it is legal, the underlying assumption of this myth is that chronic pain care is driving the opioid crisis. This is not the case.

Myth 8: Banning opioid medication will fix the opioid crisis.

This was put forth again early in 2017 by New Hampshire attorney Cecie Hartigan. Setting aside the problem of banning illegal drugs like heroin and fentanyl analogues (they are already banned), opioids are simply too medically useful to give up. Moreover, prior experience with drug bans, from Prohibition to the current overdose crisis, shows that bans do not stop misuse or addiction.

Myth 9: There are lots of ways to treat chronic pain

This myth has become increasingly popular as states, medical facilities, and health insurers pursue policies to reduce opioid prescribing. Although some of these methods, from physical therapy to spinal cord stimulators, may prove helpful, that misses the fundamental point. Chronic pain disorders are so horrible that all effective options, including opioid therapy, need to be on the table.

Myth 10: Opioids are ineffective for chronic pain.

This is the biggest myth of all. There is an abundance of high-quality research showing that opioids can be effective for some forms of chronic pain. Here’s a partial list of recent studies:

Adding to these studies is a recent review in Medscape, in which Charles Argoff, MD, a professor of neurology at Albany Medical College, said that “in multiple guidelines and in multiple communications, we have a sense that chronic opioid therapy can be effective.”

New myths appear regularly, but these persist despite all efforts to counter them. Like an ear-worm or viral meme, they cannot be eliminated. The only defense is knowledge.

Palliative Care Is About the Life That’s Left, Not the End of Life

https://www.medscape.com/viewarticle/887016

Distinguishing Between Palliative Care and Hospice

Diane E. Meier, MD: It’s a common confusion and misconception. The short answer is that all hospice is palliative care, but not all palliative care is hospice. That is the elevator speech version. The more nuanced version is that the Medicare Hospice Benefit, which was written into law about 25 years ago, was designed to reduce the number of people who would use it. They put strict eligibility criteria around access to hospice. One of the criteria is that two doctors have to agree that a patient is likely to be dead in 6 months in order to be eligible, which is already ridiculous because we have no idea who is going to be dead in 6 months. Second, the patient, or their decision-maker if they cannot decide for themself, literally has to sign a piece of paper agreeing to give up regular insurance coverage in return for hospice. It’s like you cannot have medical treatment, but you can have hospice.

That is called “the terrible choice.” That created the misconception that you could only get palliative care if you were dying and ready to give up. And that is a myth. The problem with that is that most people who need palliative care are not dying. They are living, and often for a very long time—10 years, 15 years—with serious illnesses like chronic obstructive pulmonary disease, heart failure, dementia, or end-stage renal disease. They have a tremendous burden of suffering and caregiver distress, but they are not dying. Palliative care was an answer to that gap. It was recognizing that living with a serious illness nowadays is almost always a chronic disease. No matter how long people have to live, they deserve the same attention to quality of life, treatment of symptoms, management of depression, support for their families, and support for social issues like financing and housing. It should be based on need, not prognosis.

 

The modern palliative care movement is a needs-based field. We take care of people who are going for lymphoma or leukemia cures, or who are getting a transplant or waiting for a transplant. They are not getting ready to die and they are not likely to die soon, but they have enormous palliative care needs.

Differing Views of Palliative Care

Dr Cassoobhoy: What is your experience in the hospital with other coworkers, other physicians, and healthcare providers as well as patients and their families?

Suzanne E. Zampetti, RN, MSN, FNP-BC: As a consulting service, what we hear often from other services is sort of, “We are not there yet. We are not ready for you yet.” To Diane’s point, it’s that perspective that we are just end-of-life care. It’s really important that we continue to educate other services and other physicians and nurses across the board about what palliative care does, so that we can be useful to them and we can reach out to the patients who need us.

Dr Meier: Let me give an example. For a very long time, oncologists at my medical center would say, “She’s not ready for that.” Although the patient was not dying, she was in excruciating pain and could not breathe, and all the rest. Then, in a pilot project, palliative care became something that every cancer patient was screened for; it did not depend on the attending physician thinking that “it’s time.” As a result, a much higher proportion of cancer patients received palliative care. And 6 months later, the oncologists now say, “We don’t know how we ever practiced without you.”

Oncologists are really busy and stretched, and they have more patients in the waiting room. And having a non-rushed conversation about what having a disease means, what to expect in the future, and what to do for a pain crisis in the middle of the night… they need help. We work side-by-side as an added layer of support to what the specialist does. Once they figured out what a huge benefit we were to them, they were like, “We need more.”

How Sick Does a Patient Need to Be to Receive Palliative Care?

Dr Cassoobhoy: How sick does a patient need to be for a palliative care consult? What are the spectrums of illnesses that a patient may have that would qualify them for a palliative care consult?

 

Ms Zampetti: I don’t think it’s ever too soon to call in a palliative care consult, particularly if you have a potentially life-threatening illness. If you have a diagnosis of cancer, no matter what that may be, there is never an inappropriate time to talk about goals of care—what is important to that patient, what they are hoping to get out of the treatment, and what they would want and hope for if things did not go the way that they wanted.

 

We do this with our patients who get left ventricular assist devices. They come in looking for this life-saving cardiac device and their hopes are great, and they should be great. We are not there to take away their hope. We are there to discuss what they want if things do not go the way they hope. What would they then hope for at that time? What is important to them, and how would they want to live their life if things were not going the way that they wanted?

 

Dr Cassoobhoy: It’s interesting, because different patients are going to give different answers. Your role is to respect and encourage the real answer to come out so that it can be respected and honored.

 

Ms Zampetti: Exactly. Those conversations are very important to have with the family members present because it’s important for everyone to hear what the patient is saying and to really be able to register and resonate with that. At the other side of things, the patient may not be able to speak for themself anymore, and it takes a tremendous burden off of family members to know what their loved one wanted beforehand.

In palliative care, we are not about end of life; we are about the life that you have left.
 

Dr Meier: I would just add another story. A medical resident who had worked with our palliative care team was pregnant and delivered a baby a few months after she finished residency. Two weeks later she became extremely short of breath and thought that she may have developed a pulmonary embolus from a deep vein thrombosis as a complication of the delivery. She went to see her primary care doctor and he did a chest x-ray in the office.

 

She said she knew the minute he opened the door that she had cancer, just from looking at his face. She is a doctor, so she could read the body language. She had a massive mediastinal lymphoma that required a bone marrow transplant at the major cancer hospital in New York City. The hematologist asked her if she had any questions before he began treatment and she said, “I assume you have palliative care on your team.” He said, “You don’t need that; you’re not dying.” She said back to him, “I’m not going through this devastating treatment without support from a palliative care team.” She could not get it at the cancer hospital, so she got her cancer care at the cancer hospital and her palliative care from us. She now says to whoever will listen that she could not have made it through the treatment without that support. She had terrible insomnia. She had terrible anxiety and depression. She was not allowed to touch her baby for quite a while because of the toxic treatment and radiation she was getting. She said it was hell, and that it was our team who managed her mood, physical symptoms, and addressed her existential and spiritual questions: How could this have happened to me? I just finished my residency. I just had my first baby. What did I do wrong? How did this happen?

 

She got great cancer care and she now appears to be cured, but it was a very difficult period in her life. This is an example of someone for whom the goal was always cure. She was to receive very aggressive treatment. She was an informed consumer, she was a doctor.

 

Dr Cassoobhoy: She could ask for palliative care.

 

Dr Meier: Yes.

 

Dr Cassoobhoy: It’s hard to imagine going through something like that without palliative care. It seems like that should not happen anymore.

 

Dr Meier: Right. The doctors and the public should take notice of someone who is facing a life-threatening illness with a realistic hope for cure. She understood what the treatment was like because she had witnessed it as a trainee. She knew that there was no need to go through this without very meticulous and sophisticated professional attention to suffering. It’s not just people who are going to die who need this kind of care. In fact, it’s way more people who are not going to die, but are either chronically ill or are pursuing a cure, who need this kind of care.

 

Ms Zampetti: In palliative care, we are not about end of life; we are about the life that you have left. It is really exploring with the patient what they would like to do with that time and helping them realize that.

 

We have a patient right now who is in the intensive care unit who had a heart transplant and was doing very well for a while, and things have taken a turn for the worse. He said to our social worker that he thought he was dying. She astutely asked him, “If that were true, what would you want to do? What’s important for you in that moment?” He asked to have his brother called and he asked to have certain people come to visit him, and we made that happen for him. It’s about exploring what they want to do with the rest of their life.

 

How Can You Set Realistic Expectations for Patients?

Dr Cassoobhoy: What expectations should patients have for palliative care?

 

Ms Zampetti: The expectation would be that they are going to get expert pain management. They are going to get expert symptom management. Palliative care looks at the person as a whole. They are going to address their social issues, their existential distress. One of the things that I love about the palliative care team is that it is made up of many different disciplines—social work, chaplaincy, nurses and nurse practitioners, and physicians—that are all working together to address all of the needs of the patient at one time. The patient should expect to be treated as a whole person and not as an illness.

 

Dr Cassoobhoy: I like that the social worker and the chaplain add so much to complete the addressing of the whole person.

 

How to Direct Patients to Palliative Care

Dr Cassoobhoy: How can patients find palliative care, and what if there is no provider close by?

 

Ms Zampetti: That is a real dilemma.

 

Dr Meier: First of all, there is a website called getpalliativecare.org. You can put in your city, state, or ZIP code and all of the programs in that area will drop down with the phone numbers. The second thing is that it is sometimes possible for palliative care teams to provide teleconsulting, which is the willingness to talk a colleague—who may be 1000 miles away—through a situation such as complex pain management or a complex family dynamic. This is increasingly common because there are so few palliative care professionals or specialists and so much need in areas of the country that do not have good access. If I were working in an area where there was not good regional palliative care specialty expertise, I would reach out to my nearest big city and ask to establish a telephone consulting relationship.

Why American doctors keep doing expensive procedures that don’t work

https://www.vox.com/the-big-idea/2017/12/28/16823266/medical-treatments-evidence-based-expensive-cost-stents

The recent news that stents inserted in patients with heart disease to keep arteries open work no better than a placebo ought to be shocking. Each year, hundreds of thousands of American patients receive stents for the relief of chest pain, and the cost of the procedure ranges from $11,000 to $41,000 in US hospitals.

But in fact, American doctors routinely prescribe medical treatments that are not based on sound science.

The stent controversy serves as a reminder that the United States struggles when it comes to winnowing evidence-based treatments from the ineffective chaff. As surgeon and health care researcher Atul Gawande observes, “Millions of people are receiving drugs that aren’t helping them, operations that aren’t going to make them better, and scans and tests that do nothing beneficial for them, and often cause harm.”

Of course, many Americans receive too little medicine, not too much. But the delivery of useless or low-value services should concern anyone who cares about improving the quality, safety and cost-effectiveness of medical care. Estimates vary about what fraction of the treatments provided to patients is supported by adequate evidence, but some reviews place the figure at under half.

Naturally that carries a heavy cost: One study found that overtreatment — one type of wasteful spending — added between $158 billion and $226 billion to US health care spending in 2011.

The stunning news about stents came in a landmark study published in November, in The Lancet. It found that patients who got stents to treat nonemergency chest pain improved no more in their treadmill stress tests (which measure how long exercise can be tolerated) than did patients who received a “sham” procedure that mimicked the real operation but actually involved no insertion of a stent.

There were also no clinically important differences between the two groups in other outcomes, such as chest pain. (Before being randomized to receive the operation or the sham, all patients received six weeks of optimal medical therapy for angina, like beta blockers). Cardiologists are still debating the study’s implications, and more research needs to be done, but it appears that patients are benefitting from the placebo effect rather than from the procedure itself.

Once a treatment becomes popular, it’s hard to dislodge

Earlier cases in which researchers have called into question a common treatment suggest surgeons may push back against the stent findings. In 2002, The New England Journal of Medicine published a study demonstrating that a common knee operation, performed on millions of Americans who have osteoarthritis — an operation in which the surgeon removes damaged cartilage or bone (“arthroscopic debridement”) and then washes out any debris (“arthroscopic lavage”) — worked no better at relieving pain or improving function than a sham procedure. Those operations can go for $5,000 a shot.

Many orthopedic surgeons and medical societies disputed the study and pressed insurance companies to maintain coverage of the procedure. Subsequent research on a related procedure cast further doubt on the value of knee surgeries for many patients with arthritis or meniscal tears, yet the procedures remain in wide use.

Other operations that have continued to be performed despite negative research findings include spinal fusion (to ease pain caused by worn disks), and subacromial decompression, which in theory reduces shoulder pain.

There have been fitful efforts to improve the uptake of empirical studies of medical practices by doctors — one seemingly promising initiative being the “Choosing Wisely” campaign, launched in 2012 by the American Board of Internal Medicine Foundation in partnership with Consumer Reports. Its goal is to get medical societies to develop lists of treatments of minimal clinical benefit to patients.

But Choosing Wisely seems to have had little impact so far. One study of that campaign’s results examined seven procedures that have widely been shown to be ineffective, including imaging tests for “uncomplicated” headaches, cardiac imaging for patients without a history of heart problems, and routine imaging for patients with low-back pain. In the two-to-three-year period leading up to 2013, only two of the seven practices targeted for reduction showed any decrease at all in the US. (And the declines were tiny: The use of scans for those uncomplicated headaches decreased from 14.9 percent to 13.4 percent, for instance.)

Granted, you can’t doctor by statistics alone. There’s an art to it, and uncertainty is part of the profession. But doctors can’t recommend the best therapies for their patients if hard evidence is missing on the comparative effectiveness of different treatments.

The knowledge gap is especially large for medical procedures, as opposed to drugs, since there is no FDA for surgery. Doctors learn about new procedures from colleagues, specialty society meetings, and information provided by medical device companies — a potentially arbitrary and unscientific process.

The political challenges of promoting evidence-based medicine

One root of the problem is that the coalition in favor of evidence-based medicine is weak. It includes too few doctors, commands too little attention and energy from elected officials and advocates, and it’s shot through with partisanship. Naturally, pharmaceutical companies and medical device makers wish to protect their profits, regardless of the comparative effectiveness vis a vis other treatments (or cost effectiveness) of what they are selling.

While virtually all doctors support evidence-based medicine in the abstract, clinicians and medical societies seek to maintain their professional and clinical autonomy. Physicians are sensitive to being second-guessed, even when their beliefs about how well treatments work are based on their own experiences and intuitions, not rigorous studies.

Politicians, who recognize that the public holds them in much lower regard than physicians, are hesitant to challenge the belief of many Americans that “doctor always knows best.” The American faith in markets leads to a cultural discomfort with government-imposed limits on the supply or consumption of medical technology. Meanwhile, other advanced democracies use such limits (along with price controls) as part of the toolkit to control medical spending and promote “value for money.”

Every health care system has to wrestle with tradeoffs among access, innovation, cost control, quality and the efficiency of resource allocation. Other countries, including the UK, may require a favorable cost effectiveness ratio before a treatment is placed on the national formulary — meaning that some treatments, such as some cancer drugs, won’t be recommended for routine funding if they are too expensive relative to their clinical benefits.

Many Americans would bridle at that kind of explicit rationing. Despite concerns about the rising cost of health care, for instance, Medicare routinely covers treatments that produce small benefits at significant social cost. In contrast to the British approach, Medicare generally covers treatments deemed “reasonable and necessary” — a definition that doesn’t include analysis of comparative effectiveness or cost in relation to other treatments. And what Medicare does influences the behavior of private insurers. (Commercial health plans cover a lot of that low-value CAT scanning.)

On the positive side, the US approach promotes access to new medical products, yet it doesn’t protect patients against the harms from receiving useless or low-value treatments. And it leaves less money to fund expensive therapies that have proven their worth.

The specter of “death panels” hovers over the debate

In the US, even modest reforms to use taxpayer money to fund research to learn what treatments work best, for which patients, have engendered controversy. Republicans famously charged that the establishment of the Patient-Centered Outcomes Research Institute (PCORI) through the Affordable Care Act, would lead to the creation of “death panels.” The politicians made that argument even though the agency only funds studies and was given no authority to make policy decisions or payment recommendations. PCORI has yet to have a significant impact on clinical practice. It faces a sunset date of 2019, and its future remains unclear.

It won’t be easy to get out of the political rut we are in, but there are ways to build public support for sensible solutions.

For our book on the subject, my co-authors Alan Gerber, Conor Dowling, and I conducted a series of public option surveys, and found that people would like more information about the benefits and risks of treatment options. But they’re indeed anxious that payers will use research findings to ration care or tie doctors’ hands.

Yet, on the hopeful side, the public has great confidence in the recommendations of doctors, not only about individual medical problems but also broader health policy matters. We found through survey experiments that if doctors were to become forceful advocates for evidence-based medicine, many of the public’s concerns would be allayed. (Our research also shows that other actors — drug companies, politicians and even patient advocacy groups — hold much less influence on public opinion.)

The deep reservoir of trust in physicians gives doctors both the civic responsibility and the political opportunity to spearhead efforts to address the problems of both over- and under-use of treatments. There is a small but growing movement among doctors to promote evidence-based practices — but they must battle some of the professional habits and biases I’ve outlined.

To build public support for needed changes, it is critical to distinguish the evidence-based medicine project — which is fundamentally about better science in medicine — from rationing and denial of beneficial services. There’s no logical reason to think evidence-based treatments will always be less expensive than low-value treatments. An important Rand study has shown that Americans fail to receive recommended treatments nearly half the time, for conditions ranging from diabetes to pneumonia.

One way to shift public perceptions of the evidence-based campaign would be for researchers, clinicians, and federal agencies to support and publicize research on the relative benefits (and risks) of treatments that some experts believe are being underused, at least in some patient groups. These could include not only low-cost treatments, such as statins and eye exams for people with diabetes, but also expensive, high-value treatments, like new drugs for hepatitis C (Sovaldi, Harvoni).

We know from experience how hard it is to limit the use of a treatment once it becomes ingrained. Treatments develop constituencies. This argues for insisting on strong evidence before new treatments are approved. However, there are costs to this approach: If approval procedures become too stringent, they could chill the development of breakthrough therapies as well as generate a political backlash.

A proposal from the Hamilton Project would give the Centers for Medicare and Medicaid Services (CMS) more resources to scrutinize medical technologies and allow the agency to experiment with “reference pricing”: Medicare would pay a single price for all treatments, for a given condition, that have similar therapeutic effects, up to a cost-effectiveness threshold. Patients who want to receive less cost-effective treatments could still get them, but they’d have to pay any difference out of pocket. That strikes the right balance.

Finally, evidence-based medicine won’t gain broad public acceptance so long as it remains a partisan issue. Much Republican rhetoric on this issue has been reckless. But one of the earliest advocates for a medical evidence research agency was Gail Wilensky, who ran Medicare under George H. W. Bush.

Eventually, the war over Obamacare will end. When it does, there may be an opening to have a sensible conversation about ensuring that patients receive treatments grounded in sound science.

CVS relying on opiate conversion tables that are AT BEST “fuzzy math ” ?

When Equal Isn’t Really Equal

The above link is to a article that I authored and was posted on National Pain Report

These conversion tablets that you find on the web … have “buyer beware” posted on them in the footnotes that these tables are “guesstimates”..  AT BEST !

Yet it would appear that CVS is taking these conversion tables as ABSOLUTES, and the only thing that is ABSOLUTE in medicine is that if you see a healthcare professional.. someone is going to get a bill/charge for the services provided.

These conversion tablets don’t take into account a pt’s CYP-450 opiate metabolism status and it would appear that CVS does not have any intention of taking those into consideration .. because they stated in this reference guide that 200 MME/day is a ABSOLUTE LIMIT.

It would appear that CVS Health has granted itself the authority to PRACTICE MEDICINE or Dr. Troyen Brennan, chief medical officer of CVS  has been told by CVS corporate or he has decided that even though he is license to practice medicine only in MASSACHUSETTS, he has the authority to oversee, dictate, limit the therapy of all the pts – throughout all 50 states – that use one of the subsidiary companies of CVS HEALTH.

Will this action by CVS Health and other insurers doing the same or similar things be the “final straw” for prescribers and their respective medical licensing board to take action against these corporate entities dictating/practicing medical care ?

I doubt that any Pharmacist or board of pharmacy will step up to the plate, because we have a serious and growing pharmacist surplus and projected by 2025 there will be 50,000 pharmacist looking for jobs that don’t exist.  With two entities (Walgreens & CVS) now own abt 30%+ of all retail pharmacy outlets..  Besides most of the board of pharmacies are stacked with non-practicing corporate pharmacists… doubtful if they are going to go against the same entity that signs their paychecks.

There is already a call out to BOYCOTT CVS

http://myemail.constantcontact.com/PRESS-RELEASE—Nationwide-Boycott-of-CVS-Pharmacy.html?soid=1102581364537&aid=_fRaXYIKVpY

https://www.painnewsnetwork.org/stories/2017/10/1/would-you-support-a-boycott-of-cvs?rq=boycott

 

 

 

Pharmacy practices acts can hide some very interesting mandates

For some reason some old “brain memory cells” floated to the forefront of my mind.  I went to Butler University School of Pharmacy in Indianapolis .. so we “studied” the Indiana Pharmacy Practice Act.. That was 50 years ago…

Recently I made this post

Refusal to fill: is “I’m not comfortable” being replaced with “I don’t have stock” ?

for some reason, it kept bugging me about the practice act mandating some level of inventory that a pharmacy must maintain.  Of course, no pharmacy is going to have 100% inventory of prescriptions that walk up to the Rx dept counter. Even with the most sophisticated computer inventory control programs and ordering 5 days a week from a wholesaler.. Sudden surge in demand for a particular medication. A pharmacy will run temporarily short.

Below is a section of the Indiana Practice act and the stated requirement for a pharmacy to maintain:

sufficient stock of emergency and frequently prescribed drugs and devices as to adequately serve and protect the public health.       

For a pharmacy to be “routinely out of stock” of a particular medication… that would suggest that the Pharmacist(s) is lying to the pts about the inventory on hand, corporate HQ has placed limits on the quantity of certain medications that a pharmacy can order/stock, the wholesaler is rationing medication to the pharmacy that is less than adequate to “serve and protect the public health”

Each pharmacy must maintain a perpetual control inventory of all controlled substances .. if someone wanted to go to the trouble of hiring an attorney they could probably get a court order to see what the Rx dept’s inventory was on a particular day/time for a particular medication.  All a pts have to do is file complaints that the pharmacy, Pharmacist in charge, wholesaler are contributing to the pharmacy being in violation and non-compliance with the practice act.

The quote below is from the Indiana Practice Act and other states’ practice act may have the same or similar verbiage… and if such is found in other states’ practice act.. then this filing complaints would be appropriate with the Board of Pharmacy of a particular state.

We already know that the DEA is forcing Pharmacist to exceed their authority of the state pharmacy practice act by providing “second opinions” on the prescriber’s determination of the “correctness” of the therapy a specific pt needs.. without doing a physical exam nor having access to the pt’s complete medical history.

Now we have the DEA reducing the opiate production quotas for 2016, 2017 and again in 2018… which could provide the ground work for all those who under the jurisdiction of the state’s pharmacy board.  If the pharmacy board does nothing to correct a substantial shortage of medication … then they will be in violation of their primary charge to protect the public’s health and safety.

Could the pendulum on the war on drugs have swung far enough in the other direction that we will be in the middle of “bureaucratic genocide” because of the suicides that will be “full blown crisis” because chronic pain pts can’t get their necessary pain medication

I found this in the Indiana practice act:

 

IC 25-26-13-18 Eligibility for pharmacy permits; inspections; value of drug inventory

 

Sec. 18. (a) To be eligible for issuance of a pharmacy permit, an applicant must show to the satisfaction of the board that:         (1) Persons at the location will engage in the bona fide practice of pharmacy. The application must show the number of hours each week, if any, that the pharmacy will be open to the general public.

 

(2) The pharmacy will maintain a sufficient stock of emergency and frequently prescribed drugs and devices as to adequately serve and protect the public health.       

 

(3) Except as provided in section 19 of this chapter, a registered pharmacist will be in personal attendance and on duty in the licensed premises at all times when the practice of pharmacy is being conducted and that the pharmacist will be responsible for the lawful conduct of the pharmacy.         (4) One (1) pharmacist will have not more than four (4) certified pharmacy technicians or pharmacy technicians in training certified under IC 25-26-19  under the pharmacist’s immediate and personal supervision at any time. As used in this clause, “immediate and personal supervision” means within reasonable visual and vocal distance of the licensed person.         (5) The pharmacy will be located separate and apart from any area containing merchandise not offered for sale under the pharmacy permit. The pharmacy will:             (A) be stationary;             (B) be sufficiently secure, either through electronic or physical means, or a combination of both, to protect the products contained in the pharmacy and to detect and deter entry during those times when the pharmacy is closed;             (C) be well lighted and ventilated with clean and sanitary surroundings;             (D) be equipped with a sink with hot and cold running water or some means for heating water, a proper sewage outlet, and refrigeration;             (E) have a prescription filling area of sufficient size to permit the practice of pharmacy as practiced at that particular pharmacy; and             (F) have such additional fixtures, facilities, and equipment as the board requires to enable it to operate properly as a pharmacy in compliance with federal and state laws and regulations governing pharmacies.     (b) Prior to opening a pharmacy after receipt of a pharmacy permit, the permit holder shall submit the premises to a qualifying inspection by a representative of the board and shall present a physical inventory of the drug and all other items in the inventory on the premises.     (c) At all times, the wholesale value of the drug inventory on the licensed items must be at least ten percent (10%) of the wholesale value of the items in the licensed area. As added by Acts 1977, P.L.276, SEC.1. Amended by P.L.3-1990, SEC.90; P.L.27-1998, SEC.1; P.L.187-1999, SEC.4; P.L.251-2003, SEC.; P.L.1-2009, SEC.142.

Apixaban (Eliquis) linked to higher rates of stroke than warfarin in patients with atrial fibrillation

http://www.clinicaladvisor.com/neurology-information-center/stroke-risk-in-patients-taking-oral-anticoagulants/article/638712

Apixaban 2.5 mg twice daily was associated with higher rates of ischemic stroke or systemic embolism compared with warfarin in patients with nonvalvular atrial fibrillation, according to a study published in the BMJ. Rivaroxaban 15 mg once a day and dabigatran 110 mg twice a day showed evidence of lower thromboembolic rates.

Torben Bjerregaard Larson, from the Aalborg Thrombosis Research Unit, Department of Clinical Medicine, Faculty of Health, Aalborg University, Denmark, and colleagues sought to examine the effectiveness and safety of apixaban, dabigatran, and rivaroxaban compared with warfarin in patients with atrial fibrillation who had not previously taken an oral anticoagulant.

“It might be important to review concerns about safety of oral anticoagulant treatment in atrial fibrillation: ineffective or insufficient treatment for stroke prevention should be viewed as a safety issue itself, while the increase in the risk of bleeding is an inevitable consequence of a necessary treatment,” the study authors noted. “Thus, choosing the appropriate antithrombotic agent for each individual is paramount to reduce the stroke burden in atrial fibrillation, while a relative increase in risk of bleeding cannot be ruled out.”

The researchers included 55,644 patients (mean age, 73.9) with nonvalvular atrial fibrillation filling a first prescription for an oral anticoagulant from August 2011 to February 2016. The participants were treated with dabigatran 110 mg (n=8,875), rivaroxaban 15 mg (n=3,476), apixaban 2.5 mg (n=4,400), or warfarin (n=38,893).

After a 1-year follow-up period, apixaban (Eliquis)was associated with a higher weighted event rate of ischemic stroke/systemic embolism (4.8%) than dabigatran (Pradaxa)  (3.3%), rivaroxaban (Xarelto) (3.5%), and warfarin (Coumadin) (3.7%).

Compared with warfarin, apixaban was associated with a nonsignificant trend for higher rates of ischemic stroke or systemic embolism (1-year hazard ratio [HR], 1.19). In addition, rivaroxaban (HR, 0.89) and dabigatran (HR, 0.89) were associated with a nonsignificant trend with lower rates after 1 year compared with warfarin.

The weighted event rates for bleeding outcomes were 5.6% for rivaroxaban, 5.1% for apixaban, 5.1% for warfarin, and 4.1% for dabigatran. The 1-year HR for bleeding for dabigatran compared with warfarin was 0.80. The HRs for apixaban and rivaroxaban compared with warfarin were 0.96 and 1.06.

Of the new oral anticoagulants …only Pradaxa has a reversal agent …if a pt starts “bleeding out” and is both expensive and slow to act as a reversal unit… While Warfarin/Coumadin can be reversed with Vit K and is fairly rapid reversal and not nearly as expensive.  Likewise the cost of the newer meds is $300 – $500 per month …while Warfarin is generally $20-$30/month

Your Pain, Your Rights: Dealing With Your Physician And Your Hospital

www.rsds.org/your-pain-your-rights-dealing-with-your-physician-and-your-hospital/http://

By Mary Baluss, Esq.

Although I had concentrated on legal issues relating to pain in terminal illness, I had never even heard of CRPS until I got a call from a young mother in  California with the crippling syndrome. She had gone from being an athletic, employed, confident woman to one who could not care for her two-year old,  couldn’t work, and feared her husband was getting fed up with her inabilities and constant complaints. She was stitched to life by her innate determination, her love for her daughter and not much else. The tragic aspect of her story was that she knew, from experience, that she could get significant pain relief from a combination of fentynl patches and breakthrough medication.

Her HMO balked at the cost of fentynl and suggested that she was not really hurting. A physician at the clinic told her she was drug seeking. A clinic pharmacist yelled at her when she came to pick up medications and told her not to come back for “her drugs.”

It took an HMO appeal, a complaint to the state insurance commissioner, and filing a complaint in a local court to get her relief. A little over a year later, a re-evaluation started it all over again.

In advising her, I learned that chronic pain, just like end-of-life pain, could be safely treated with opioids, and that the barriers for adequate pain management were much higher for those with chronic pain than those with terminal illnesses. I also had begun to understand that living with severe chronic pain is as bad as dying with it-and lasts longer.

Advocacy at the systemic level may eventually make multidisciplinary pain management a reality at all disease and income levels. In the meantime, many chronic pain sufferers will continue to fight it out one physician and one appointment at a time-not always successfully. As with much of medical care, self-advocacy
is absolutely necessary. You need to know your rights.

Getting Off on the Right Foot

CRPS patients with untreated pain often feel that the physicians they consult are unfeeling, paternalistic, judgmental gate-keepers. Although this image may fit some, it is more useful to see the prescriber in a different light and do your best to respond to his limitations, which may include:

  • lingering doubts about whether CRPS is a real syndrome
  • poor training in pain management, or training against using opioids for chronic pain because, despite reassuring words, his state medical board takes a hard line on physicians who prescribe them.
  • feedback from a pharmacist that the physician is prescribing too much pain medicine
  • intense pressure from your HMO to hold costs down by not prescribing the more expensive formulations
  • bad experiences with other opioid patients, making him feel that chronic pain makes for needy, time-consuming and difficult patients
  • the knowledge that honest physicians have unfairly been indicted for their prescribing habits.

For all these reasons, physicians are often fearful and wary of chronic pain patients and they cannot help but wonder which one will get him in trouble. The physician who simply refuses to use opioids for anything but acute pain, and then only for brief periods, is not going to help you, even though the AMA ethical standards require member physicians to provide patients with “adequate pain control, respect for patient autonomy, and good communication.1” However, he should be willing to refer you to someone who will provide effective pain care. In Florida, California and a few other states, physicians are legally required either to treat pain or refer. In other states, the obligation is usually defined in the medical board regulations. Certain specialty boards have adopted standards or guidelines on the use of opioids to treat chronic pain.

If you would like to provide your physician with state laws and guidelines regarding opioid treatment, they are available online at http://www.medsch.wisc.edu/painpolicy/matrix.htm

Prescribers who use opioids for pain management must feel secure about treating you and your pain and must overcome his comfort level limitation on dosage. Therefore, put aside your anger and frustration to present yourself as effectively as possible. Let the physician know that you are responsible and willing to cooperate to protect you both. Bring all the records you have to the first visit and let him know if opioids have helped you in the past. Be aware, however, that physicians are conditioned to see this as demanding a particular opioid; be clear that you are only informing.

Good physicians will have some practice management tools in place, so don’t take it personally if you are asked to sign a pain “contract” and to submit to blood or urine monitoring. Contracts are actually a form of detailed and interactive informed consent. Good physicians will regard some contract violations as reason to evaluate and discuss what certain actions mean and will understand that actions that look like abuse can also be clear signals of under-treated pain, dysfunctional living arrangements, or manifestations of depression or anxiety.

Let the physician know if you need to “violate” one of the contract rules-such as requesting early refills so that you can go out of town or increase the dose in a time of particularly serious pain. However, you still have pain, call the physician before you increase the dose and ask for an appointment to talk about titration. If you can’t afford an interim visit, try to speak with him by telephone to explain how you are feeling, or have a friend or relative call him to express concerns.

Finally, do not be shocked or offended if he asks you to have a psychiatric consultation. This need not mean that he thinks your pain is “all in your head”. Depression and anxiety are almost synonymous with chronic pain, as is social isolation. Many studies show that a psychological evaluation and even ongoing psychological care can substantially improve pain management, as can other modalities, such as neurocognitive feedback. And, of course, it gives your physician some “cover” to have another professional involved. If money is an issue, let him know.

It is a good idea to bring a relative or friend who will talk to your physician about your suffering and the functional difference that pain medicine makes because prescribers are reassured when a patient using opioids has a visible support structure. It is also less likely that the physician will be rude or patronizing in front of a supportive friend or relative.

Some pain management physicians who are anesthesiologists by training have a firm bias toward invasive procedures over medical management, so they may suggest that you repeat sympathetic blocks or expensive tests even if a previous physician has already tried them. You have no obligation to go along, particularly if your records reflect a history of procedures. The physician is obliged to seek your informed consent, which requires a discussion of risks and alternatives. Although you do not have to give it, the unfortunate upshot may be that he declines to treat you further.

You and Your Physician: What are Your Rights?

Reality dictates that some physicians, even in the face of clear pain, will not be willing to prescribe opioids. More commonly, they are willing to prescribe low doses but have a personal comfort level limit that may or may not be adequate for you. Moreover, if you push him to titrate doses above that comfort level, he may decide that you are a drug seeker. This serious ethical problem-the physician putting his perceived personal safety before his patient-is a deplorable situation that can lead to abandonment.

A physician can abandon a patient whom he views as drug seeking or who has in some way “violated” the informed consent agreement.

Although state laws and medical ethical rules do not allow abrupt termination of a physician-patient relationship

a prescriber does not have to keep you in his practice. If you are stable and able to find another physician, he can terminate you if he provides a brief written explanation of his reasons. An oral message is insufficient.

The physician must also agree to continue your care for at least 30 days and he should also provide a referral.

However, if you are at a critical or important point in your treatment, abandonment by notice and 30-day care is not permissible under common law

This restriction should apply to a patient taking opioids for pain because the consequences of withdrawal for a person who has a chronic illness could be significant.
Additionally an un-medicated patient may face a return of the pain that had been mediated by the opioids; he will almost certainly experience anxiety and distress. In short, a period without continuity of care could constitute a medical emergency. It seems logical that refusal to treat a patient until the patient has obtained another physician (or perhaps until it becomes clear that the patient is not making a serious effort to transfer care) should constitute abandonment.

What Can You Do?

Try Informal resolution. Deal with the termination immediately. If the physician is in a clinic setting, ask the head of the clinic if another physician there will take over your care. Speak to other health care professionals who know you well enough to be comfortable calling to explain that you are genuinely in pain and are a reliable, conscientious person.

Ask for a meaningful referral. Tell your prescriber you will need his help in finding another physician and you have a right to his assistance.  Get your records and review them carefully. Federal privacy law (HIPAA) requires your physician to provide your records promptly and to charge you no more than his actual costs of copying. It also allows you to have your records corrected if they contain errors. Review them for accuracy and look closely at what they say about the reason for termination. Phrases like “drug seeking” or “possibility of abuse” will hurt your efforts to find another physician. If he has used these phrases, write him a letter, preferably through an attorney, and use the words “abandonment,” defamation” and “emotional distress” if the attorney confirms that they are appropriately used in your state.

File a Complaint with the State Medical Board. Every state has a medical board that reviews all complaints and takes action when necessary. Only two state boards have disciplined any prescriber for under treating pain, so it is not possible to see this yet as a meaningful remedy. However, as more complaints are made and individual physicians show a pattern of patient abandonment, state boards are more likely to act.

State board complaints are not complicated. You do not need an attorney, but if you have one, take advantage of his advice. The forms themselves are simple and straightforward and are available on your state’s website. You can also order them by phone. Make your complaint more effective by writing a clear statement of what happened to you and any difficulties that you are having in finding another physician. Avoid a long, rambling statement. It may help if you number each paragraph and tell your story chronologically. If possible, have someone else read it to make sure it seems clear.

Do not feel limited by a form that does not allow much space for your comments.

Explain the emotional and physical impact of the termination. If you think your physician terminated you unfairly, state why. Make it clear if he was verbally abusive! Attach brief statements by anyone who has observed the impact that the termination has had on you and any other documents that may help the board understand that you are a legitimate pain patient with a serious medical condition.

If you want to follow up with the board, talk with the clerk to make sure it was put on the docket. Find out who is responsible for the investigation and ask to speak with him. Answer any questions and ask to be kept informed of case progress.

Consult an Attorney About a Formal Action

Abandonment is a tort (legal wrong) that may give you cause for a legal action against your physician. To prove abandonment you usually have to show (a) a physician-patient relationship; (b) that was terminated or neglected by the physician and (c) that caused you harm. An attorney can advise you about your state’s requirements. Additionally, there is a tort called “infliction of severe emotional distress,” which requires (a) an action taken by the defendant (b) which was reasonably foreseeable to cause severe distress; and (c) that it did in fact cause severe emotional distress. Some states require a physical injury, but there is some precedent that recognizes pain as such. A growing body of medical evidence that untreated pain has serious physical consequences would substantiate this view. If the defendant physician knew and intended to cause the emotional harm, a more serious tort is invoked. The requirements of these torts are often complicated and you should discuss your state’s precedents with your attorney.

Do not take a suit lightly and do not expect a windfall. Litigation is very hard on anyone with a chronic illness and even more so with RSD because of the stress involved. It prevents you from moving on. If you cannot afford to pay an attorney, you will have to convince one that the case is worth taking on a contingency basis; experience has proven this difficult. Most attorneys know very little about opioids and even less about pain management. You will need to educate your attorney so that he can evaluate your case intelligently.

You can find additional information on legal assistance in the directory, In Pain and Agonizing Over the Bills. For a print
copy, contact the RSDSA office at (877) 662-7737.

1. AMA Ethical Statement 2.1, made effective for chronic
pain by the Council on Ethical and Judicial Affairs in 2002.

Mary Baluss, Esq.
Tel: 202.244.0710

Fax: 202.318.3027
E-mail: mbaluss@yahoo.com

We cannot litigate our way out of the opioid crisis

http://kentuckytoday.com/stories/we-cannot-litigate-our-way-out-of-the-opioid-crisis,10890

More than twenty years after Purdue Pharma launched its first advertising campaign to tout a new miracle drug known as OxyContin, state governments have scrambled to find a political solution to end the opioid crisis in our country.

After more than 20 years, the question we must ask ourselves is whether we really want to end the opioid crisis, or whether we are only interested in looking for someone to point the finger of blame at for our failure to find an answer to a problem which will never be solved through legislation, or for that matter a problem which will never be solved through endless lawsuits against pharmaceutical companies responsible for manufacturing and distributing controlled substances.

Unless you were just rescued from an island where you have been stranded for the past twenty years, you probably know that at least in part that ground zero for the opioid crisis in this country can be traced to 1996, the year the Food & Drug Administration approved Oxycontin for distribution as a the “first formulation of oxycodone that allowed dosing every 12 hours instead of every 4 to 6 hours.” From 1996, until today, oxycodone, and other synthetic drugs, have contributed to a growing opioid epidemic which has claimed thousands of lives, and destroyed communities in every corner or our country.

Recently, Attorney General Andy Beshear filed a lawsuit against Endo Pharmaceuticals and Endo Health Solutions which in his words was done “to hold Endo responsible for unlawfully building a market for the chronic use of opioids in the name of increasing corporate profits, knowing all along the dangers of Opana ER that led to devastating effects on the Commonwealth.” In the words of Attorney General Beshear, “My office refuses to sit back and watch families be torn apart while opioid manufacturers like Endo line their pockets at the expense of our communities and our future.” After the settlement in the Purdue Pharma case which was defended by Attorney General Beshear’s former law firm, it is somewhat difficult to understand how he could make the statement with a straight face. Very candidly, instead of more lawsuits, it is time to come together as a country and find real solutions to the opioid crisis, a crisis which is far more complex and far-reaching than the conduct of individual pharmaceutical companies.

So, should we excuse the conduct of Endo Pharmaceuticals, Purdue Pharma, or any of the other pharmaceutical companies responsible for manufacturing and distributing drugs which have a high potential for abuse? Well, the answer is not that simple. Take a moment to think about a world without drugs. Consider if you will just exactly what would happen if we filed a lawsuit against every pharmaceutical company responsible for manufacturing any of the twenty-one listed Schedule II substances, substances which have been defined as having a high potential for abuse, yet substances which have been defined as having a current and acceptable medical use?

What would, and will likely happen if we continue down a path of endless lawsuits against every pharmaceutical company responsible for the manufacture and distribution of Schedule II drugs is that the day will come when pharmaceutical companies will no longer pour millions of dollars into research to find the next new miracle drug which could save countless lives. What would, and will likely happen is that the day will come when pharmaceutical companies will be forced into bankruptcy which will end the availability of those drugs legally manufactured, drugs which not only end pain, but also drugs which provide cures for thousands upon thousands of medical problems. What would, and will likely happen if continue down a path of endless lawsuits against pharmaceutical companies is that we won’t have to worry about an opioid crisis because there won’t be any opioids, or for that matter any other Schedule II controlled substances. What would, and will likely happen is that we will have succeeded in returning the practice of medicine to the dark ages, a time when a shot of whiskey was used to both control pain and as a cure for myriad medical problems.

So, what we really need to ask ourselves is whether endless lawsuits against every pharmaceutical company in this country will result in a solution to the opioid epidemic? Very honestly, the answer is simple, the epidemic will not end. For anyone who has been on the front lines of the opioid crisis, it is well known that opioids are nothing more than a synthetic replacement for opiates which are derived from the opium poppy. When someone is addicted to an opioid, and that someone can no longer get a legal prescription, then more than likely the addicted person will have little choice other than to get their drugs on the streets where there are unlimited supplies of opioids which are manufactured by the drug cartels and smuggled into this country. Or worse yet, the addicted person will be forced to resort to an illegal replacement drug such as heroin, or one of the opioid analgesics such as fentanyl or carfentanyl both of which are readily available as a substitute for legally prescribed opioids.

Candidly, there are many questions which need to be answered before Kentucky continues down a path of filing countless lawsuits against other pharmaceutical companies as a so-called means to end our opioid crisis. First, and foremost, what needs to be answered is what evidence does Kentucky have that pharmaceuticals sold by Endo, or any other pharmaceutical company for that matter was the opioid ingested by an overdose victim? Next, what evidence is there that even if there are trace amounts of opioids in the system of an overdose victim that the opioid was obtained legally from a pharmaceutical company, or whether the opioid was obtained from opioids illegally smuggled into this country and sold on the streets of every community in this country. While there are many other questions which will necessarily have to be answered as the lawsuit against Endo proceeds, or before Kentucky decides to file other lawsuits, it is clear from the outset that Kentucky has a very tall mountain to climb.

After more than 20 years, one is left to ask the rhetorical question of what can be done to end the opioid crisis in this country? Although there are no easy solutions to the opioid crisis, maybe, just maybe, instead of endless lawsuits against pharmaceutical companies, as a country we should come together and work with the pharmaceutical companies to put in place commonsense solutions to end over-prescribing of opioids. Maybe, just maybe, instead of enriching law firms responsible for the endless lawsuits, we should consider negotiating a master settlement agreement like those which resolved endless years of litigation against asbestos and tobacco manufacturers. Or maybe, just maybe, we should get serious about addiction treatment and the prosecution of those involved in the illegal, not legal distribution of all drugs, not just opioids.

As always, I would invite each of you to join me on my imaginary mountaintop and help me shout to the world and anyone else who is willing to listen that it is time for politicians to stop these endless lawsuits against pharmaceutical companies simply to generate publicity for their next political campaign. If you are one of the thousands upon thousands who have lost a family member or friend, please join me on my imaginary mountaintop and help me shout to the world and anyone else who is willing to listen that the time has come for all of us to sit down at the table and consider actual solutions to our opioid crisis, solutions which would include treatment for those addicted to opioids and other drugs.

In the end, we need to get serious and find a way to end a crisis which has reached epidemic proportions. More importantly, we need to understand that no matter how many lawsuits we file we will never litigate our way out of a crisis which calls for solutions, not verdicts.

Mark Wohlander, a former FBI and federal prosecutor, practices law in Lexington, Kentucky.