http://www.unionleader.com/article/20151105/NEWS12/151109548/0/SEARCH#sthash.pt5Hdav0.dpuf
Hassan opioid rules rejected
The regulations go into effect in 48 hours or less, which itself prompted complaints from the New Hampshire Medical Society.
The board also started the process to adopt a more comprehensive set of rules through the normal process, which requires notice, public hearings and legislative review. That process is expected to be completed by early April.
The board unanimously rejected Gov. Maggie Hassan’s proposed set of rules.
“We’re doing something, but not necessarily everything our governor wants,” said Dr. Louis Rosenthal, a Concord physician who is on the board.
He said physicians have become “more appropriate” in the prescribing of narcotics.
“You can’t hold (physician) licensees responsible for people who overdose from illicit substances,” he said.
The rules adopted Wednesday are in effect for six months.
They require physicians and physician assistants to:
• Adhere to guidelines in a July 2013 model policy developed by state medical boards for the use of opioids.
• Undertake an appropriate risk assessment for patients who suffer from chronic pain and take opioids.
• Explain addiction, overdose, dependency and criminal victimization to patients who suffer chronic pain and take opioids.
A pain agreement, a treatment plan, and follow-up visits are required, as are drug tests when appropriate.
• Provide information, which includes proper disposal of unused drugs, to patients with short-term, acute pain who are prescribed opioids.
Hassan and Attorney General Joseph Foster had pushed for a lengthy set of rules that included specifications for patient evaluations, physician education and testing, patient drug tests, alternative therapies, and use of the New Hampshire Controlled Drug Prescription Health and Safety Program database, which physicians complained was new and time-consuming.
In a statement released Wednesday, Hassan made no mention of the vote to reject her proposal.
She praised the Board of Medicine for swiftly adopting the reforms.
“The Board of Medicine’s action, along with the Executive Council’s approval of my call today for a special legislative session on substance abuse, is important progress in our continued efforts to strengthen the state’s response to the heroin and opioid epidemic,” she said.
But in a statement, two Republican senators noted the ire that Hassan’s proposal drew from physician groups and her own Commission on Alcohol and Drug Abuse Prevention, Treatment and Recovery.
There were no public hearings on her proposal, and Sen. Jeb Bradley, R-Wolfeboro, warned that her approach could serve as a warning for the upcoming special session.
“It’s imperative that doctors be involved in developing guidelines so patients who need these medications can receive them, and at the same time work together to reduce opioid abuse,” Bradley said.
Sen. John Reagan, R-Deerfield, said he was disappointed that Hassan did not follow the normal process for emergency rule-making.
The rules that the board did adopt go in effect once they are formally submitted to the Department of Administrative Services.
That’s too quick for the New Hampshire Medical Society.
Past president Dr. Travis Harker said physicians will have no time to write up risk assessments for existing patients who are already taking opioids.
“I’m booked until January,” Harker said. “If I had a month, I could maybe figure it out, but I can’t figure it out in 48 hours.”
Filed under: General Problems
There isn’t any problem that the State’s solutions can’t make worse. This is compounded when the original problem is a result of the State’s original solution for that problem. I’m glad to see that the NH Medical Board adopted a set of rules that is not as restrictive as the Governor’s. I’m not glad that the implementation only allows a 48 hour window for compliance by the prescribers. This maneuver by the Board illustrates that this is as much a power game of establishing “Who’s the Boss” as it is in dealing with the actual problem.
As NH is the home of the Free State Project, it would be immensely gratifying to see the Prohibitionist mentality and control of the agenda regarding diversion and addiction be wrested away from the Prohibitionists and taken over by a much more enlightened and productive, Libertarian public policy set that treats addiction as a mental health issue and not as an issue of criminal behavior. The entire Scheduling of “Controlled Substances” is a farce. There are substances that are misassigned, e.g., Cannabis and Heroin, or probably shouldn’t be there in the first place, e.g., several of the CV’s. If NH asserted it’s 10th Amendment Right to view the Scheduling of Controlled Substances as it sees fit, that would not only send a strong message to the Beltway Bunch, it would also empower and embolden the other of the “several states” to seriously consider to do likewise. I personally would like to see the adoption of a public policy similar to what Portugal adopted over a decade ago as a start.