Federal and State Legislative Updates
State: New York
Agency: Department of Health
Title: Nursing Home Pharmacy Regulations
There is an in creasing need to have available to nursing home residents a wider number of antibiotic and pain management medications to respond quickly in the event of a health crisis to these medically fragile residents. Presently, emergency medication kits are limited as to their content and facilities are not permitted to have certain medications including controlled substances in the emergency kits. Delay in responding to resident needs because a medication is not immediately available in the facility, and has to be secured from the pharmacy, is resulting in needless suffering on the part of nursing home residents. Emergency medications. The facility shall ensure the provision of emergency medication kit(s) as follows: ... [full text]
Status:
11/06/06 Effective date
State: Pennsylvania
Agency: State Board of Medicine
Title: Title 49: Professional and Vocational Standards -- Physician Assistants [Amendments]
Excerpts: 18.155 …. In specialties that deal with chronic pain management and specialties such as oncology, surgery, anesthesiology or in the family practice setting, physician assistants are an integral part of patient care. Managing the patients' pain in these settings often requires the ability to write prescriptions for Schedule II narcotics on both a short-term and long-term basis. Also, there are many physician assistants that work in settings such as emergency rooms, walk-in clinics and industrial clinics. The inability to write a prescription for a Schedule II narcotic impedes the care of the patient in these settings.
Section 18.157 (relating to administration of controlled substances and whole blood and blood components) provides that a physician assistant may administer controlled substances as well as whole blood and blood components if that authority is addressed in the written agreement and is separately ordered by the supervising physician specifying a named drug for a named patient. The Board is eliminating the requirement for the separate order of the supervising physician specifying the drug and patient, and allowing it to be addressed only in the written agreement and be administered by the physician assistant on that authority. The Board believes that the prior language created an unnecessary barrier to utilization of physician assistants in surgical, hematology/oncology, pain management and hospice care.
In addition, the amendment to § 18.158(a)(6) specifically requires that the physician assistant who will prescribe controlled substances must register with the DEA. The amendment to § 18.158(b)(2) also specifies that space on prescription blanks must be provided for the physician assistant to record the DEA number. This amendment underscores the requirement to register and serves to bring the physician assistant's practice into conformance with Federal law.
Existing regulations do not allow physician assistants to prescribe or dispense Schedule I or II controlled drugs. The amendment to § 18.158(a)(3) calls for allowing them to prescribe or dispense Schedule II controlled drugs for initial therapy up to a 72-hour dose and requires that they notify the supervising physician within 24 hours. It also allows the physician assistant to write a prescription for a Schedule II controlled drug for up to a 30-day supply if approved for ongoing therapy by the supervising physician. There are many physician and physician assistant specialties that deal with chronic pain management. In specialties such as oncology, surgery, anesthesiology or in the family practice setting, physician assistants are an integral part of patient care. Managing the patients' pain in these settings often requires the ability to write prescriptions for Schedule II narcotics on both a short- and long-term basis. At times, patients may require therapy or need to renew prescriptions when the physician is not immediately available but the physician assistant is available. Also, there are many physician assistants that work in settings such as emergency rooms, walk-in clinics and industrial clinics. The inability to write a prescription for a Schedule II narcotic impedes the care of the patient in these settings. Allowing for a 72-hour supply of medicine until a physician sees that patient enhances the care rendered by the physician assistant.
Status:
11/06/06 Effective date
Federal Branch/State: Texas
Title: The Texas Medical Board proposes amendments to §§183.2, 183.4, 183.5, 183.15 and 183.20, concerning Acupuncture.
Agency: Texas Medical Board
Summary: The amendment to §183.2 allows licensing of an applicant who graduated from a acupuncture school that became accredited after the date of graduation if the school certifies that the curriculum at the time of the applicant's graduation was equivalent to the curriculum upon which accreditation granted and that the school offered a masters degree or a professional certificate or diploma.
The amendment to §183.4 adds a provision allowing proficiency in English to be demonstrated by graduation from an acceptable approved school of acupuncture located in the United States or Canada.
The amendment to §183.5 provides a procedure for cancellation of a license after it has expired for one year.
The amendment to §183.15 eliminates the requirement to include in an acupuncturist's title.
The amendment to §183.20 deletes the inappropriate reference to "informal" continuing acupuncture education (CAE) and establishes a three-year time limit on the approval of CAE courses
Status:
11/18/06 Effective date
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