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.

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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.

Artificially Sweetened Beverages, Stroke and Dementia Risk

An observational study in the Journal “ Stroke, A Journal of Cerebral Circulation” examined the question of whether there is an a relationship between consuming “ diet” beverages with artificial sweeteners and the development of a stroke or dementia using data from the Framingham Heart Study Offspring Cohort. They looked at 2888 individuals older than 45 years of age for the development of strokes and 1484 participants over age 60 for the development of dementia. They followed the group for ten years and were able to gauge their intake of artificially sweetened beverages from food questionnaires filled out at exams. After making adjustments for age, sex, education, caloric intake, diet quality, physical activity, and smoking they found that higher consumption of artificially sweetened beverages was associated with a higher risk of strokes and dementia. This was not seen in individuals drinking sugar sweetened beverages.

In a comment section, the author acknowledged that diabetic patients had a higher risk of stroke and dementia than the general public and they consumed more artificially sweetened beverages than others. While the study did not show cause and effect it does leave us wondering just how safe these diet drinks are?

Allergies Worsening Due to Climate Change

The American Academy of Allergy, Asthma and Immunology and the World Asthma Organization just concluded their joint congress in Orlando, Florida. One of the topics of concern is how climate change is making everyone’s allergy symptoms much worse.

We read about more powerful hurricanes and cyclones, seasonal tornadoes occurring out of season, horrible beach erosion and flooding due to large volume rains, lack of rain causing poor harvests leading to waves of migration for survival for animals and humans. Climate change also exacerbates allergy symptoms. Nelson A. Rosario, MD, PhD, professor of pediatrics at Federal University of Parana (Brazil) discussed longer pollen season and increased allergens caused by fallen trees and ripped up plants, mold growing following flooding and irritants in the air due to wildfires. An international survey in 2015 found that 80% of rhinitis patients blamed their symptom exacerbations on climate change items. Pollen seasons have more than doubled in some areas.

The argument should not be about whether climate change is due to cyclical planetary changes or man-made pollutants. It should be about what we can do as a society to maintain economic growth while limiting man made contribution to adverse climate changes. The health and survival consequences of not addressing this issue will ultimately involve our survival as a species.

Does Curcumin Use Help with Cognitive Dysfunction?

Recently, more and more patients have been adding curcumin or turmeric to their cooking to help with their memory. Curcumin is a metabolite of Turmeric and has been available in health food stores for years.

A study a few years back on Alzheimer’s patients published by J. Ringman and Associates showed no benefit in slowing the development of symptoms and no improvement in symptoms when supplied with curcumin. When they looked closely at their study, and analyzed the participant’s blood, they found that curcumin was not absorbed and never really entered the bloodstream.

Last month a study was published in the American Journal of Geriatric Psychiatry by Dr. Gary Small and colleagues. They looked at 40 patients with mild memory complaints aged 50 – 90.  Some were administered a placebo and others were administered nanoparticles of curcumin in a product called “Theracumin”. The participants were randomized and blinded to the product they were testing. The study designers felt the nanoparticles would be absorbed better than other products and would actually test whether this substance was helpful or not. At 18 months, memory improved in patients taking the nanoparticles of curcumin and they had less amyloid deposition in areas it usually found relating to Alzheimers Disease.

Robert Isaacson MD, the director of the Alzheimer’s Prevention Clinic at Weil Cornell Medicine and New York- Presbyterian, has been suggesting his patients cook with curcumin for years. Until the development of the Theracumin nanoparticles, cooking with curcumin was the best way to have it absorbed after ingestion. There is now some evidence to suggest that curcumin, in this specific nanoparticle form, may play a role in both the risk reduction and potential therapeutic management of Alzheimers Disease.

Can My Relative, the Physician, Review My Hospital Chart?

I practice in a community, Boca Raton, with a multitude of seasonal visitors. Many of these “snowbirds” have long term relationships with physicians “back home” and a developing relationship with their local physicians. When they become ill enough to be admitted to the hospital, I often get a request to allow a family member to review their medical chart. I have never objected to transparency, especially if it allows the patient and family to feel more comfortable with the caregivers and plan we are following.

When we used a paper chart the process was simple and involved writing an order in the chart to allow that family member to read the chart. I usually spoke with the patient’s nurse and the floor charge nurse to inform them of my permission. The family member simply sat in the patient room or at the nursing station with the complete medical record and reviewed it.

The switch to paperless charts has made it far more complicated. Giving patients’ relatives access to the chart now involves granting them access to the hospital computer record system. It now involves asking medical records to get involved and either devote time and cost of supplies (printing out records) or labor time – asking an employee to sit down with the family member and give them access. It is far more difficult than it once was.

I still grant them access but it must be through the hospital’s information technology and medical records department and protocol. This week I was asked by the physician son of a patient for permission to review his parent’s chart. I had no objection to this request as long as the son went through the medical records department protocol. This was poorly received by the son who saw my actions as an obstruction rather than a necessary process.

If anyone should be understanding regarding these protocols it should be that of a fellow physician.

Fish, Fish Oils and Cardiovascular Disease

Years ago the scientific researcher responsible for the promotion of fish oils as an antioxidant and protector against vascular disease recommended we all eat two fleshy fish meals of cold water fish a week. He continued to endorse this dietary addition and included canned tuna fish and canned salmon in the types of fish that produced this positive effect.

Over the years I heard him lecture at a large annual medical conference held in Broward County and he fretted about the growth of the supplement industry encouraging taking fish oils rather than eating fish. He worried about the warnings against eating all fish to women of child bearing age because of the fear of heavy metal contamination and knew that the fish oils and omega 3 Fatty Acids played a developmental role in a growing fetus and child.

I then attended lectures, in particular one sponsored by the Cleveland Clinic, during which they promoted Krill oil as the chosen form of fish oil supplements because it remained liquid and viscous at body temperature of 98.6 while others solidified. I listened to this debate only to hear the father of the science speak again and this time advocate that one or two fleshy fish meals a month was adequate to obtain the protective effect of Omega 3 Fatty acids. He felt that the supplements did not actually provide a protective effect as eating real fish did. Since I love to eat fresh fish I had no problem with this message but others are not comfortable buying and preparing fish at home or eating it at a restaurant. Supplements to them were the answer.

Steve Kopecky, M.D. examined the question in an article published in JAMA Cardiology this week. He looked at 77,917 high risk individuals already diagnosed with coronary artery disease and vascular disease who were taking supplements to prevent a second event. His study concluded that taking these omega 3 supplements had no effect on the prevention of recurrent cardiovascular events. The study did not discuss primary prevention for those who have not yet had a vascular illness or event.

Once again it seems that eating fish in moderation, like most anything, is the best choice. I will continue to eat my fresh fish meals one or two times per week, not necessarily for the health benefit but because I enjoy eating fresh fish.

I advise those worried about preventing primary or secondary heart and vascular disease to find a form of fish they can enjoy if they want this benefit. If you really wish to reduce your risk of a cardiovascular event; I suggest you stop smoking, control your blood pressure and lipid profile, stay active and eat those fresh fish meals.