Current through Rules and Regulations filed through December 27, 2023
(1)
Definitions. As used in this
rule, the following terms shall mean:
(a)
"Annual patient population" shall mean those patients seen by a clinic or
practice in a twelve month calendar year, but shall not include patients that
are in-patient in hospital, nursing home or hospice facilities licensed
pursuant to O.C.G.A. T. 31, Ch. 7.
(b) "Board" shall mean the Georgia Composite
Medical Board.
(c) "Chronic pain"
shall mean pain requiring treatment which has persisted for a period of ninety
days or greater in a year, but shall not include perioperative pain, i.e., pain
immediately preceding and immediately following a surgical procedure, when such
perioperative pain is being treated by a physician in connection with a
surgical procedure.
(d)
"Monitoring" means any method to assure treatment compliance including but not
limited to the use of pill counts, pharmacy or prescription program
verification. Monitoring must include a urine, saliva, sweat, or serum test
performed on a random basis.
(e)
"Terminal condition" means an incurable or irreversible condition, which would
result in death in a relatively short period of time.
(2) O.C.G.A. §
43-34-8authorizes the Board to take disciplinary action against licensees for
unprofessional conduct, which includes conduct below the minimum standards of
practice. With respect to the prescribing of controlled substances for the
treatment of pain and chronic pain, the Board has determined that the minimum
standards of practice include, but are not limited to the following:
(a) Physicians cannot delegate the dispensing
of controlled substances to an unlicensed person.
(b) When prescribing controlled substances, a
physician shall use a prescription pad that complies with state law.
(c) When initially prescribing a controlled
substance for the treatment of pain or chronic pain, a physician shall have a
medical history of the patient, a physical examination of the patient shall
have been conducted, and informed consent shall have been obtained. In the
event of a documented emergency, a physician may prescribe an amount of
medication to cover a period of not more than 72 hours without a physical
examination.
(d) When a physician
is treating a patient with controlled substances for pain or chronic pain for a
condition that is not terminal, the physician shall obtain or make a diligent
effort to obtain any prior diagnostic records relative to the condition for
which the controlled substances are being prescribed and shall obtain or make a
diligent effort to obtain any prior pain treatment records. The records
obtained from prior treating physicians shall be maintained by the prescribing
physician with the physician's medical records for a period of at least ten
(10) years. If the physician has made a diligent effort and is unable to obtain
prior diagnostic records, then the physician must order appropriate tests to
document the condition requiring treatment for pain or chronic pain. If the
physician has made a diligent effort and the prior pain treatment records are
not available, then the physician must document the efforts made to obtain the
records and shall maintain the documentation of the efforts in his/her patient
record.
(e) When a physician
determines that a patient for whom he is prescribing controlled scheduled
substances is abusing the medication, then the physician shall make an
appropriate referral for treatment for substance abuse.
(f) When prescribing a Schedule II or III
controlled substance for 90 (ninety) consecutive days or greater for the
treatment of chronic pain arising from conditions that are not terminal or
patients who are not in a nursing home or hospice, a physician must have a
written treatment agreement with the patient and shall require the patient to
have a clinical visit at least once every three (3) months, while treating for
pain, to evaluate the patient's response to treatment, compliance with the
therapeutic regimen and any new condition that may have developed and be masked
by the use of Schedule II or III controlled substances. The requirement of a
visit at a minimum of once every three months can be waived and the clinical
visit be at least once per year if the doctor determines there is a substantial
hardship and documents such hardship in the patient's record or if the morphine
equivalent daily dose ("MEDD") is 30 mg. or less.
(g) When prescribing a Schedule II or III
controlled substance for 90 (ninety) consecutive days or greater for the
treatment of chronic pain arising from conditions that are not terminal or
patients in a nursing home or hospice, a physician must monitor compliance with
the therapeutic regimen. Patients should be randomly monitored at least
annually via bodily fluid analysis. However, body fluid analysis may be
performed more frequently than once a year, if the provider considers it to be
necessary in his/her patient population, in order to assess and assure
compliance with the prescribed treatment regimen. A clinical examination should
occur once every three (3) months, except for hardship in certain cases, which
must be well documented in the patient record.
(h) The physician shall respond to any
abnormal result of any monitoring and such response shall be recorded in the
patient's record.
(i) When a
physician determines that a new medical condition exists that is beyond their
scope of training, he/she shall make a referral to the appropriate
practitioner.
(j) Any physician who
prescribes Schedule II or III substances for chronic pain for greater than 50%
of that physician's annual patient population must document competence to the
Board through certification or eligibility for certification in pain management
or palliative medicine as approved by the Georgia Composite Medical Board
("Board"). The Board recognizes certifications in pain medicine or palliative
medicine by the American Board of Medical Specialties or the American
Osteopathic Association, the American Board of Pain Medicine and the American
Board of Interventional Pain Physicians. If the physician does not hold this
certification or eligibility he/she must demonstrate competence by biennially
obtaining 20 (twenty) hours of continuing medical education ("CME") pertaining
to pain management or palliative medicine. Such CME must be an AMA/AOA PRA
Category I CME, a board approved CME program, or any federally approved CME.
The CME obtained pursuant to this rule may count towards the CME required for
license renewal.
O.C.G.A.
§§
31-32-2, 31-33-2, 16-13-21, 16-13-41, 16-13-74, 26-4-130, 43-1-19, 43-34-5, 43-34-8, 43-34-11, 43-34-21, 43-34-23, 43-34-25.
Original Rule
entitled "Pain Management" adopted. F. Jan. 13,
2012; eff. Feb. 2,
2012.
Repealed: New Rule of same title adopted. F.
Oct. 16, 2013; eff.
Nov. 5, 2013.
Repealed: New Rule of the same title adopted. F.
Dec. 13, 2019; eff.
Jan. 2,
2020.