Current through Register Vol. 42, No. 11, August 30, 2024
(1) Accurate use of
terminology is essential to understanding office-based treatment of opioid
addiction. However, terminology in this area is changing. For many years, the
most commonly used terms have been "drug abuse" and "drug dependence," with the
latter indicating a severe condition considered synonymous with the term
"addiction" (the chronic brain disease). The terms "abuse" and "dependence," in
use since the third edition of the Diagnostic and Statistical Manual of
Mental Disorders, were replaced in the fifth edition by the term
"substance use disorder." Other new terms include "opioid use" for the activity
of using opioids benignly or pathologically, and "opioid use disorder" for the
disease associated with compulsive, out-of-control use of opioids.
(2) For the purposes of Chapter 540-X-21, the
following terms are defined as shown.
(a)
Abuse. The definition of "abuse" varies widely, depending on the context in
which it is used and who is supplying the definition. For example, in the
Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition,
Text Revision (DSM-IV-T), the American Psychiatric Association defines
drug abuse as "a maladaptive pattern of substance use, leading to clinically
significant impairment or distress, as manifested by one or more behaviors."
The Diagnostic and Statistical Manual of Mental Disorders,
Fifth Edition (DSM-V), published in May 2013, replaces the term
"abuse" with "misuse."
(b)
Addiction.
1. Addiction is widely defined as
a primary, chronic, neurobiologic disease, with genetic, psychosocial, and
environmental factors influencing its development and manifestations. It is
characterized by behaviors that include the following: impaired control over
drug use, craving, compulsive use, and continued use despite harm. (As
discussed below, physical dependence and tolerance are normal physiological
consequences of extended opioid therapy and are not the same as
addiction.)
2. A recent definition
of addiction, adopted by the American Society of Addiction Medicine in 2011,
reads as follows: "Addiction is a primary, chronic disease of brain reward,
motivation, memory and related circuitry. Dysfunction in these circuits leads
to characteristic biological, psychological, social and spiritual
manifestations. This is reflected in an individual pathologically pursuing
reward and/or relief by substance use and other behaviors. Addiction is
characterized by inability to consistently abstain, impairment in behavioral
control, craving, diminished recognition of significant problems with one's
behaviors and interpersonal relationships, and a dysfunctional emotional
response. Like other chronic diseases, addiction often involves cycles of
relapse and remission. Without treatment or engagement in recovery activities,
addiction is progressive and can result in disability or premature
death."
(c) Controlled
Substance.
1. A controlled substance is a drug
that is subject to special requirements under the CSA, which is designed to
ensure both the availability and control of regulated substances. Under the
CSA, availability of regulated drugs is accomplished through a system that
establishes quotas for drug production and a distribution system that closely
monitors the importation, manufacture, distribution, prescribing, dispensing,
administering, and possession of controlled drugs. Civil and criminal sanctions
for serious violations of the statute are part of the government's drug control
apparatus. Title 21, Chapter II of the Code of Federal Regulations (21 CFR.
§§1300-1399) implements the CSA.
2. The CSA confers the responsibility for
scheduling controlled substances on the FDA and the DEA. In granting regulatory
authority to these agencies, the Congress noted that both public health and
public safety needs are important and that neither takes primacy over the
other, but that both are necessary to ensure the public welfare. To accomplish
this, the Congress provided guidance in the form of factors that must be
considered by the FDA and DEA when assessing public health and safety issues
related to a new drug or one that is being considered for rescheduling or
removal from control.
3. Most
opioids are classified as Schedule II or III drugs under the CSA, indicating
that they have a high potential for abuse and a currently accepted medical use
in treatment in the U.S., and that abuse of the drug may lead to psychological
or physical dependence. (Although the scheduling system provides a rough guide
to abuse potential, it should be recognized that all controlled substances have
some potential for abuse.)
(d) Dependence.
1. Physical dependence is a state of biologic
adaptation that is evidenced by a class-specific withdrawal syndrome when the
drug is abruptly discontinued or the dose rapidly reduced, and/or by the
administration of an antagonist. It is important to distinguish addiction from
the type of physical dependence that can and does occur within the context of
good medical care, as when a patient on long-term opioid analgesics for pain
becomes physically dependent on the analgesic. The distinction is reflected in
the two primary diagnostic classification systems used by health care
professionals: the International Classification of Mental and
Behavioural Disorders, 10th Edition
(ICD-10) of the World Health Organization (WHO), and the Diagnostic and
Statistical Manual of the American Psychiatric Association. In the
DSM-IV-TR, a diagnosis of "substance dependence" meant addiction. In the DSM V,
the term dependence is reestablished in its original meaning of physiological
dependence; when symptoms are sufficient to meet criteria for substance misuse
or addiction, the term "substance use disorder" is used, accompanied by
severity ratings.
2. It may be
important to clarify this distinction during the informed consent process, so
that the patient understands that physical dependence and tolerance are likely
to occur if opioids are taken regularly for a period of time, but the risk of
addiction is relatively low unless the patient has additional risk factors.
According to the World Health Organization, "The development of tolerance and
physical dependence denote normal physiologic adaptations of the body to the
presence of an opioid."
(e) Detoxification.
1. Detoxification (also termed "medically
supervised withdrawal") refers to a gradual reduction, or tapering, of a
medication dose over time, under the supervision of a physician, to achieve the
elimination of tolerance and physical dependence.
2. "Detoxification" is a legal and regulatory
term that has fallen into disfavor with some in the medical community; indeed,
some experts view "detoxification" as a misnomer because many abusable drugs
are not toxic when administered in proper doses in a medical
environment.
(f)
Diversion.
1. The CSA establishes a closed
system of distribution for drugs that are classified as controlled substances.
Records must be kept from the time a drug is manufactured to the time it is
dispensed. Health care professionals who are authorized to prescribe, dispense,
and otherwise control access to such drugs are required to register with the
DEA.
2. Pharmaceuticals that make
their way outside this closed system are said to have been "diverted" from the
system, and the individuals responsible for the diversion (including patients)
are in violation of the law. The degree to which a prescribed medication is
misused depends in large part on how easily it is redirected (diverted) from
the legitimate distribution system.
(g) Maintenance Treatment. Maintenance
treatment involves the dispensing or administration of an opioid medication
(such as methadone or buprenorphine) at a stable dose and over a period of 21
days or more, for the treatment of opioid addiction. When maintenance treatment
involves the use of methadone, such treatment must be delivered in an OTP.
However, maintenance treatment with buprenorphine may be delivered in either an
OTP or a medical office by a properly credentialed physician.
(h) Medication-Assisted Treatment (MAT). MAT
is any treatment for opioid addiction that includes a medication (such as
methadone, buprenorphine, or naltrexone) that is approved by the FDA for opioid
detoxification or maintenance treatment. MAT may be provided in a specialized
OTP, or, for buprenorphine or naltrexone, in a physician's office or other
health care setting.
(i) Misuse.
The term misuse (also termed non-medical use) incorporates all uses of a
prescription medication other than those that are directed by a physician and
used by a patient within the law and the requirements of good medical
practice.
(j) Opioid.
1. An opioid is any compound that binds to an
opioid receptor. The class includes both naturally occurring and synthetic or
semi-synthetic opioid drugs or medications, as well as endogenous opioid
peptides. Most physicians use the terms "opiate" and "opioid" interchangeably,
but toxicologists (who perform and interpret drug tests) make a clear
distinction between them. "Opioid" is the broader, more appropriate term
because it includes the entire class of agents that act as opioid receptors in
the nervous system, whereas "opiates" refers to natural compounds derived from
the opium plant but not semisynthetic opioid derivatives of opiates or
completely synthetic agents. Thus, drug tests that are "positive for opiates"
have detected one of these compounds or a metabolite of heroin, 6-monoacetyl
morphine (MAM). Drug tests that are "negative for opiates" have found no
detectable levels of opiates in the sample, even though other opioids that were
not tested for, including the most common currently used and misused
prescription opioids, may well be present in the sample that was
analyzed.
2.
Opioid
agonists are compounds that bind to the mu opioid receptors in the
brain, producing a response that is similar in effect to the natural ligand
that would activate it. With full mu opioid agonists, increasing the dose
produces a more intense opioid effect. Most opioids that are misused, such as
morphine and heroin, are full mu opioid agonists, as is methadone.
3.
Opioid partial agonists
occupy and activate the opioid receptors, but the activation they produce
reaches a plateau, beyond which additional opioid doses do not produce a
greater effect. It should be noted that the plateau (or "ceiling effect") may
limit a partial agonist's therapeutic activity as well as its toxicity.
Buprenorphine is a partial mu opioid agonist.
4.
Opioid antagonists bind
to and block the opioid receptors and prevent them from being activated by an
opioid agonist or partial agonist. Naltrexone and naloxone both are opioid
antagonists, and both can block the effect of opioid drugs.
(k) Opioid Treatment Program
(OTP). (Sometimes referred to as a "methadone clinic" or "narcotic treatment
program"). An OTP is any treatment program certified by SAMHSA in conformance
with 42 CFR, Part 8, Certification of Opioid Treatment Programs (42 CFR
§§8.1 through
8.34),
to provide supervised assessment and medication-assisted treatment of patients
who are addicted to opioids. An OTP can exist in a number of settings,
including intensive outpatient, residential, and hospital facilities.
Treatments offered by OTPs include medication-assisted treatment with
methadone, buprenorphine or naltrexone, as well as medically supervised
withdrawal or detoxification, accompanied by varying levels of medical and
psychosocial services and other types of care. Some OTPs also can provide
treatment for co-occurring mental disorders.
(l) Recovery. A process of change through
which individuals improve their health and wellness, live a self-directed life,
and strive to reach their full potential. As used in the ASAM
[not
mentioned/defined elsewhere, spell out?] Patient Placement Criteria,
"recovery" refers to the overall goal of helping a patient achieve overall
health and well-being. SAMHSA's 10 guiding principles recognize that recovery:
1. Emerges from hope;
2. Is person-driven;
3. Occurs via many pathways;
4. Is holistic;
5. Is supported by peers and
allies;
6. Is supported through
relationship and social networks;
7. Is culturally-based and
influenced;
8. Is supported by
addressing trauma;
9. Involves
individual, family and community strengths and responsibility; and
10. Is based on respect.
(m) Relapse.
1. Relapse has been variously defined as "a
breakdown or setback in a person's attempt to change or modify any target
behavior" and as "an unfolding process in which the resumption of substance
misuse is the last event in a long series of maladaptive responses to internal
or external stressors or stimuli." Relapse rarely is caused by any single
factor and often is the result of an interaction of physiologic and
environmental factors.
2. The term
lapse (often referred to as a slip) refers to
a brief episode of drug use after a period of abstinence. A lapse usually is
unexpected, of short duration, with relatively minor consequences, and marked
by the patient's desire to return to abstinence. However, a lapse can also
progress to a full-blown relapse, marked by sustained loss of
control.
(n) Tolerance.
1. Tolerance is a state of physiologic
adaptation in which exposure to a drug induces changes that result in
diminution of one or more of the drug's effects over time. Tolerance may occur
both to an opioid's analgesic effects and to its unwanted side effects, such as
respiratory depression, sedation, or nausea. Most investigators agree that
absolute tolerance to the analgesic effects of opioids does not occur. In
general, tolerance to the side effects of opioids develops more rapidly than
does tolerance to the drug's analgesic effects.
2. Tolerance may or may not be evident during
treatment with opioids and is not the same as addiction.
(o) Trial Period. A period of time, which can
last weeks or even months, during which the efficacy of a medication or other
therapy for the treatment of addiction is tested to determine whether the
treatment goals can be met. If the goals are not met, the trial should be
discontinued and an alternative approach (i.e, a different medication or
non-pharmacologic therapy) adopted.
(p) Waiver. A documented authorization from
the Secretary of Health and Human Services, issued by SAMHSA under the DATA
2000 regulations, that exempts a qualified physician from the rules applied to
OTPs and allows him or her to use buprenorphine for the treatment of addiction
in office-based practice.