Indiana Prescribing Laws |
Indiana Opioid Pain Management Prescribing Requirements Final Rule (Updated Oct. 25, 2016)
Indiana Opioid Pain Management Prescribing Final Rule Summary (Updated Oct. 25, 2016)
Health Professions Standards of Practice and Disciplinary Sanctions: I.C. § 25-1-9-4 & - 9.
Indiana Controlled Substance Registration (CSR): I.C. § 35-48-3(b) and 856 I.A.C. 2-3-4.
Prescribing to Persons Not Seen By Physician: 844 I.A.C. 5-4-1.
Assisting an Addict: A physician is subject to disciplinary sanctions if the physician "knowingly prescribed, sold, or administered any drug classified as a narcotic, addicting, or dangerous drug to a habitue or addict.” I.C. § 25-1-9-4(a)(9).
Recordkeeping: Any person registered to manufacture, distribute, or dispense controlled substances "shall keep records and maintain inventories in conformance with record-keeping and inventory requirements of federal law and with any additional rules the board issues."
I.C. § 35-48-3-7.
Controlled Substance Schedules: I.C. § 35-48-2 et seq. and 856 I.A.C. 2-2-1 et seq. (Note: Federal law schedules can differ).
Criminal Penalties for Sale and Possession of Controlled Substances: I.C. § 35-48-4-1et seq.
Revised July 15, 2016
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Federal Prescribing Laws |
AMA: DEA Final Rule Rescheduling Hydrocodone Combination Products (Sept. 11, 2014)
Federal Standard: "Valid prescription” means a "prescription that is issued for a legitimate medical purpose in the usual course of professional practice by: (i) a practitioner who has conducted at least one in-person medical evaluation of the patient; or (ii) a covering practitioner.” 21 U.S.C. § 829(e)(2)(A).
Drug Enforcement Administration Controlled Substance Registration: 21 U.S.C. § 822.
The DEA Practitioner's Manual provides information on a practitioner's obligations under the Federal Controlled Substances Act.
DEA Final Rule on Using Authorized Agents to Communicate Controlled Substance Prescriptions to Pharmacies (Oct. 6, 2010)
DEA Policy Statement on Dispensing Controlled Substances for the Treatment of Pain (Sept. 6, 2006)
DEA Final Rule on the issuance of multiple prescriptions for Schedule II controlled substances
DEA FAQs on the Issuance of Multiple Prescriptions for Schedule II Controlled Substances
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INSPECT |
Physicians were given access to INSPECT in 2007 for the first time as a result of ISMA's advocacy efforts. As of Dec. 15, 2013, doctors are required to consult INSPECT as part of chronic opioid pain management treatment.
- Indiana Law on INSPECT: When physicians are allowed to check INSPECT and limitations on disclosing INSPECT reports.
IC 35-48-7 et seq.
- Reporting to Law Enforcement: IC 35-48-7-11.1(n) - (Indiana law permits physicians to report patients to law enforcement. However, federal law does not mirror state law, so physicians must still determine if any such report is permissible under HIPAA).
- Registration and more information: See INSPECT home page and INSPECT login site.
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ISMA Reports Newsletter Articles
Revised July 15, 2016
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Rx Pulse articles |
Rx Pulse columns are provided to keep physician members informed about the changing environment surrounding controlled substance prescribing.
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Are you part of the solution to our public health crisis? (Oct 10, 2016)
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AMA House takes action regarding pain
(July 13, 2016)
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Comprehensive integrated opioid treatment
(July 5, 2016)
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Four years and still questions: Why? Oh Why?
(May 9, 2016)
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Non-pharmacologic treatment of chronic pain (March 23, 2016)
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Are you on board with this Black Box Warning and petition? (March 15, 2016)
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Physicians leading the fight against opioid crisis (Feb. 24, 2016)
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Attorney General Greg Zoeller discusses Indiana's opioid epidemic (Jan. 19, 2016)
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Changing the pain management culture at the Indianapolis VA (Dec. 18, 2015)
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Painting Indiana with Suboxone - The opioid medication crisis (Oct. 13, 2015)
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New law allows you to prescribe naloxone to prevent accidental deaths (Sept. 8, 2015)
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A dialogue on the opioid abuse epidemic with the new U.S. Attorney (Aug. 24, 2015)
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What to do when the DEA visits and demands you surrender your registration
(Aug. 10, 2015)
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Your ISMA expands its controlled substance prescribing education with Rx Pulse
(Aug. 10, 2015)
Revised Oct. 14, 2016
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Prescription Pads |
Definition of "Prescription”: IC § 25-26-13-2.
Controlled Substance Prescription Requirements: IC 35-48-3-9 and 856 IAC 2-6-4(a). Also see the Indiana Board of Pharmacy website.
Controlled Substance Prescription Pad Requirements: 856 IAC 1-34-2 and Indiana Board of Pharmacy website.
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Schedule II |
DEA Final Rule on the issuance of multiple prescriptions for Schedule II controlled substances
DEA FAQs on the Issuance of Multiple Prescriptions for Schedule II Controlled Substances
Indiana: See Indiana Board of Pharmacy website
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Tramadol |
Tramadol has been a Controlled Substance Schedule IV drug in Indiana as of April 23, 2015 (HB1184)
Revised July 15, 2016
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Weight Loss Treatment |
State Laws: Treatment for Weight Reduction or to Control Obesity: IC 35-48-3-11 and 844 IAC 5-2-20.
ISMA Reports article, "The ISMA Cautions you about Prescribing Weight Loss Medications” (Oct. 22, 2012)
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Drug Samples |
State Law: Definition and anctions for selling and delivering drug samples after expiration dates.
I.C. § 16-42-21-4
Federal Law: Multiple Federal regulations on drug samples. 21 C.F.R. § 203
Revised July 15, 2016
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Physician Discipline/Enforcement Cases |
ISMA Reports articles
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Loss/Theft |
Federal Law: DEA requirement for reporting loss or theft of Controlled Substances – 21 C.F.R. § 1301.76(b)
DEA Form 106 for Reporting Theft or Significant Loss of Controlled Substances
Indiana Law: Duty to Report: 856 IAC 2-3-35(b)
Indiana Board of Pharmacy Reporting
Revised July 15, 2016
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Pain Management/Opioid Therapy Guidelines |
Indiana Controlled Substance Prescribing Rules (adopted Oct. 24, 2013)
Federation of State Medical Boards, "Model Policy on the Use of Opioid Analgesics in the Treatment of Chronic Pain” (July 2013)
Federation of State Medical Boards, "Responsible Opioid Prescribing: A Clinician's Guide,” Dr. Scott Fishman, MD, (2012)
American Pain Society, "Clinical Guidelines for Use of Chronic Opioid Therapy in Noncancer Pain,” (2009)
Veterans Affairs/Department of Defense, "Management of Opioid Therapy for Chronic Pain,” (2010)
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Addiction |
Screening Tools
Indiana Attorney General – Advance Directive for Addiction in Remission and to Ensure Continued Recovery
National Institute on Drug Abuse: Clinician's Screening Tool for Drug Use in General Medical Settings: www.drugabuse.gov/nidamed-medical-health-professionals.
Referrals
Visit http://www.in.gov/bitterpill/ for referral resources, screening tools and other information relating to prescription drug abuse in Indiana.
SAMHSA: Search for drug and alcohol abuse treatment or mental health facilities and programs in your area at http://findtreatment.samhsa.gov. You may also contact the SAMHSA Treatment Referral Helpline at (800) 662-4357 for referral services.
Indiana FSSA: For a 24-hour hotline providing referral information for addiction treatment centers, contact the Indiana Family and Social Services Administration (FSSA) Division of Mental Health and Addiction (DMHA) at (800) 662-4357.
Physicians: The ISMA Physician Directory can help you find specialists in addiction medicine, addiction psychiatry, pain management and more. Search by specialty and geographic location at www.ismanet.org/directory/index.htm.
Revised July 15, 2016
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ISMA eReports Articles |
Revised July 15, 2016
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Pharmacy Issues |
Revised July 15, 2016
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Consumer Resources |
Consumers can visit the following websites to learn more about prescription controlled substance abuse:
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