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2.3 Controlled Drugs

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*Note: Always confirm any drug laws with your state regulations because the most restrictive clause will prevail, whether state or federal.

1 Q. What are controlled substances?

2 A. Controlled substances come under the jurisdiction of the Controlled Substances Act of 1970. The federal agency is the DEA and the State agency is the Division of Narcotics and Dangerous Drugs of the DHHR. The Controlled Substances Act 1970 was developed to educate and monitor the prescribing and dispensing of potentially addictive substances into five Schedules according to their potential for abuse or physical or psychological dependence.

3 Q. What is the schedule for marijuana?

4 A. Even though marijuana is legal in some states and many groups want it rescheduled, the government says it is still a dangerous drug and should not be rescheduled. However, Epidiolex® (a drug derived from cannabidiol which is contained in the marijuana plant and indicated for Lennox–Gastaut syndrome) has been rescheduled to a Schedule V controlled substance.

5 Q. What is the definition of physical dependence?

6 A. Physical dependence is a physiological state characterized by the development of an abstinence syndrome on abrupt withdrawal of the medication. Physical dependence does not imply abuse or addiction.

7 Q. Sometimes controlled substances are written as Schedule III or “C‐III.” Is there a difference?

8 A. No. The C refers to controlled substance. Drugs which are subject to control under the Controlled Substances Act are assigned to one of five schedules, referred to as controlled substance schedules: Schedule I controlled substance, Schedule II controlled substance, Schedule III controlled substance, Schedule IV controlled substance and Schedule V controlled substance, depending on the abuse potential. These schedules are commonly shown as C‐I, C‐II, C‐III, C‐IV, and C‐V.

9 Q. What are the different controlled (scheduled) drugs?

10 A. Refer to Table 2.1.

11 Q. Is a DEA number required to prescribe an opioid?

12 A. Yes. A dentist is required by law to register with the DEA in Washington, to dispense, store or prescribe controlled drugs. A DEA number will be issued to the prescriber in the state where they are practicing dentistry. If the state requires that the dentist have a State Controlled Substance Number, in addition to the DEA number, then the DEA will require that this number be issued before the DEA number can be issued. Twenty‐six states that require a Controlled Substance Number and a DEA number are New Jersey, Alabama, South Carolina, Nevada, Iowa, District of Columbia, Utah, Oklahoma, Massachusetts, Michigan, Illinois, Connecticut, South Dakota, Louisiana, Guam, Wyoming, Puerto Rico, Rhode Island, Missouri, Indiana, Delaware, Texas, New Mexico, Maryland, Hawaii, and Idaho. There must be a space on the prescription to write in the DEA number. Table 2.1 Controlled drugsScheduleAbuse potentialExamplesC‐IHighestNot accepted for medical purposes: heroin, lysergic acid diethylamide (LSD), methaqualone, peyote, 3,4,methylenedioxymethamphetamine (“Ecstasy”), marijuanaC‐IIHighOxycodone/acetaminophen (Percocet®, Tylox®), hydrocodone/acetaminophen (Vicodin®, Lorcet®), meperidine (Demerol®), codeine, cocaine, morphine, oxycodone (OxyContin®), methadone (Dolophine®)C‐IIILess potential than C‐IIAcetaminophen w/codeine, phenobarbitalC‐IVLess potential than C‐IIIZolpidem (Ambien®), diazepam (Valium®), alprazolam (Xanax®)aC‐VLimited abuseCough syrups with codeine, antidiarrheals such as diphenoxylate/atropine (Lomotil®)a In certain states like New York, Schedule IV benzodiazepines (e.g., Valium, Xanax) are treated as Schedule II.

13 Q. Are prescription writing rules for controlled substances state or federal regulated?

14 A. Both. Regulations can be under state or federal law. The prescriber must review individual laws in their state. For example, under federal law, a prescription for Schedule II substances must be filled within 30 days of writing. A state could establish rules tighter than the federal rules and the most restrictive clause will prevail, whether state or federal.

15 Q. According to state and federal law, are there limits to the quantity of controlled drugs that can be prescribed?

16 A. While states may have more restrictive rules, the federal law does not limit the amount prescribed. The most restrictive clause will prevail, whether state or federal.

17 Q. Can Schedule I substances be prescribed by a private practitioner?

18 A. No. Schedule I substances have the highest abuse potential and no medical uses, thus no indications to be prescribed, and are not legally available to the public. This is a federal law and does not vary from state to state.

19 Q. Can Schedule II substances be prescribed by a private practitioner?

20 A. Yes. Schedule II drugs have a high abuse potential and include narcotics and amphetamines. There cannot be any refills and prescriptions are invalid after a certain number of days which is state regulated. For example, in New Jersey any controlled substance prescription can be filled in a pharmacy within 30 days of writing the prescription. After the limit, a new prescription is required. A Schedule II drug can be phoned into the pharmacy only in emergency situations and must be followed up by a written prescription within 72 hours. Only a three‐day supply can be dispensed.

21 Q. What are the regulations for Schedule III drugs?

22 A. Schedule III drugs have a lower abuse potential than Schedule II drugs. Prescriptions for Schedule III substances expire six months after the date written. Refills are allowed but only five refills within six months. A practitioner may issue a new prescription for the Schedule III substance within a six‐month period if necessary.

23 Q. What is the refill regulation for Schedule IV and V drugs?

24 A. Five refills in six months.

25 Q. Can the prescriber presign prescriptions for controlled substances?

26 A. No. Federal law prohibits prescribers from presigning prescriptions. All prescriptions for controlled substances must be dated and manually signed on the day the prescription was written.

27 Q. What are prescription drug monitoring programs (PDMPs)?

28 A. Diversion of controlled substances that have a high potential for abuse or profit when sold illegally is a serious problem. Different methods of diversion include illegal selling of controlled substance by physicians, dentists, and pharmacists; prescription theft; and inappropriate prescribing by physicians and dentists to themselves, family members or others. Drug monitoring programs were developed to control diversion. The program is run via an electronic database that tracks controlled substance prescriptions in a state. These monitoring programs are intended to improve opioid prescribing and protect patients at risk. Some states that have a drug monitoring system include California, Hawaii, Idaho, Illinois, Indiana, Massachusetts, Michigan, New York, Oklahoma, Rhode Island, Texas, New York, and New Jersey. Information on controlled drugs, primarily Schedule II substances, prescribing, dispensing, and purchasing is sent via electronic means to the state and analyzed. New York State also has extended its program to include benzodiazepines that are federally scheduled as C‐IV controlled substances. Therefore, in New York State, all benzodiazepines, such as alprazolam (Xanax®) or diazepam (Valium®) require a new prescription every month and no refills.

The Dentist's Drug and Prescription Guide

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