New Law Governing Prescribing of Controlled Substances in Florida July 1

There is an ongoing epidemic of addiction to prescription pain medications in our country. The death toll from opioid drug overdoses on a daily basis is now higher than loss of life through motor vehicle accidents and violence.

This spring the Florida Legislature passed Hb21, a new law that is meant to keep oral pain medications off the streets. Hb21 requires that when you are prescribed a controlled substance, the prescriber must first access the states Prescription Drug Monitoring Program website (Known as E-FORCSE) and review the recipient’s history of receiving prescribed controlled substances in the state of Florida. It is designed to make sure that drug seeking patients are not able to doctor or clinic hop to obtain narcotics.

Dispensers of the controlled substance such as pharmacies and pain clinics with dispensaries will be required to list the prescription on E-FORCSE within 24 hours. There are fines and penalties by the state for physicians and dentists failing to comply with access to E-FORCSE before writing the script. It is expected the Florida Board of Medicine will add penalties, license suspensions and revocations for noncompliance as well.

The law defines “acute pain” from an injury, medical procedure or dental procedure. Practitioners may prescribe three days of controlled substances for pain relief with no refills after accessing E-FORCSE. If they believe the procedure or injury are so severe that it requires more than a three day supply, they must write “Acute Pain Exception” on the prescription and they may request a 7 day supply with no refills. The prescriber will be required to document in the medical record why controlled substances are being prescribed and why there is an exception

The law additionally requires dispensers to complete a state mandated two hour course on safe prescribing of controlled substances. The course must be given by a recognized and accredited statewide professional association for a fee. The course will need to be retaken every two years before your license comes up for renewal. This course is separate and distinct from the course required to prescribe medical marijuana.

Our office has been registered with and has used E-FORSCE for several years now. It is helpful in tracking a patient’s ability to obtain controlled substance medications. It clearly adds additional time and labor to a doctor’s visit to comply with the new state regulations. Once again the Legislature has chosen to treat every patient as an addict and every dispenser as a criminal.

There is talk that in the near future we may be required to prescribe controlled pain substances electronically as opposed to the current requirement that a patient present a legible hand written or typed script. We have been told by our computer software maintenance vendors that there will be a significant charge to set up this service along with a monthly maintenance fee.

The law goes into far more detail than this synopsis permits me to go into. I suspect that, as we move forward, pharmaceutical chains may find it cost prohibitive to stock controlled substances and designate only certain locations as prescribing centers. This is what happened when the Legislature passed a 2011 law to deal with chronic pain and eliminate the “pill mills.”

If you have any questions or concerns feel free to call or email me and we will review your individual situation.

The American Cancer Society and Colorectal Cancer Screening

Colorectal cancer is the fourth most common cancer with 140,000 diagnoses in the nation annually. It causes 50,000 deaths per year and is the number two cause of death due to cancer.

Colorectal cancer screening guidelines have called for digital rectal examinations beginning at age 40 and colonoscopies at age 50 in low risk individuals. An aggressive public awareness campaign has resulted in a marked decrease in deaths from this disease in men and women over age 65.

The same cannot be said for men and women younger than 55 years old where there is an increased incidence of colorectal cancer by 51% with an increased mortality of 11%. Experts believe the increase may be due to lifestyle issues including tobacco and alcohol usage, obesity, ingestion of processed meats and poorer sleep habits.

To combat this increase, the American Cancer Society has changed its recommendations on screening suggesting that at age 45 we give patients the option of:

  • Fecal immunochemical test yearly
  • Fecal Occult Blood High Sensitivity Guaiac Based Yearly
  • Stool DNA Test (e.g., Cologuard) every 3 years
  • CT Scan Virtual Colonoscopy every 5 years
  • Flexible Sigmoidoscopy every 5 years
  • Colonoscopy every 10 years.

Their position paper points out that people of color, American Indians and Alaskan natives have a higher incidence of colon cancer and mortality than other populations.  Therefore, these groups should be screened more diligently. They additionally note that they discourage screening in adults over the age of 85 years old. This decision should be individualized based on the patient’s health and expected independent longevity.

As a practicing physician these are sensible guidelines. The CT Virtual Colonoscopy involves a large X irradiation exposure and necessitates a pre- procedure prep. Cologuard and DNA testing misses few malignancies but has shown many false positives necessitating a colonoscopy. Both CT Virtual Colonoscopy and Cologuard may not be covered by your insurer, and they are expensive, so consider the cost in your choice of screening.

I still believe Flexible Sigmoidoscopy must be combined with the Fecal Occult Blood High Sensitivity Testing and prepping.  Looking at only part of the colon makes little sense to me in screening.

Colonoscopy is still the gold standard for detecting colorectal cancer.