New Hampshire Code of Administrative Rules
Den - Board of Dental Examiners
Chapter Den 500 - ETHICAL AND PROFESSIONAL DUTIES
Part Den 502 - PROFESSIONAL DUTIES
Section Den 502.01 - Professional Misconduct

Universal Citation: NH Admin Rules Den 502.01

Current through Register No. 12, March 21, 2024

(a) Dentists shall, pursuant to RSA 317-A:17, II (j), be under a professional duty to comply with the requirements of the Controlled Drug Prescription Health and Safety Program (PDMP), RSA 318-A:31-38, and all administrative rules of the board of pharmacy adopted thereunder.

(b) Pursuant to RSA 318-B:36, the following actions shall result in a disciplinary proceeding and the imposition of sanctions by the board in accordance with its rules:

(1) Prescribing or dispensing of controlled substances in schedules II-IV after June 30, 2015 without having registered with the program;

(2) The knowing disclosure of program information by a person authorized to receive it in a manner that violates RSA 318-B or administrative rules of the board of pharmacy;

(3) The use of program information by a person authorized to receive it for a purpose that violates RSA 318-B or administrative rules of the board of pharmacy; and

(4) Permitting the use or disclosure of program information under control of the dentist by a person not authorized to receive it in violation of RSA 318-B or administrative rules of the board of pharmacy.

(c) When prescribing any controlled substance for use in pain control, licensees shall:

(1) Document prescription for such controlled substances, and when prescribing an opioid for acute pain, provide the patient with information that contains the following:
a. Risk of side effects, including addiction and overdose resulting in death;

b. Risks of keeping unused medication;

c. Options for safely disposing of unused medication; and

d. Danger in operating motor vehicle or heavy machinery;

(2) Utilize appropriate treatment standards for the treatment of chronic pain, including:
a. Utilization of an informed consent that explains the following risks associated with opioids:
1. Addiction;

2. Overdose and death;

3. Physical dependence;

4. Physical side effects;

5. Tolerance; and

6. Crime victimization; and

b. Proper patient evaluation, including a risk assessment. A risk assessment means a process for predicting a patient's likelihood of misusing or abusing opioids in order to develop and document a level of monitoring for that patient. An example of a screening tool is the Screener and Opioid Assessment for Patients with Pain (SOAPP), but prescribers can use any evidence-based screening tool.

c. Creation of a treatment plan;

d. A written pain agreement;

e. Appropriate consultations;

f. Periodic review and follow-up; and

g. Appropriate toxicology screening;

(3) Comply with all federal and state controlled substances laws, rules, and regulations;

(4) Adhere to the principles outlined in the Federation of State Medical Boards Model Policy on the Use of Opioid Analgesics in the Treatment of Chronic Pain, July 2013;

(5) Adhere to the principles outlined in the Clinical Guidelines for the Use of Buprenorphine in the Treatment of Opioid Addiction, A Treatment Improvement Protocol by the U.S. Department of Health and Human Services (2004) found at http://buprenorphine.samhsa.gov/Bup_Guidelines.pdf; and

(6) Adhere to the principles outlined in the New Hampshire Dental Society "Opioids in the Dental Practice Guidelines for New Hampshire Dentists".

The amended version of this section by New Hampshire Register Volume 36, Number 28, eff.6/29/2016 is not yet available.

Disclaimer: These regulations may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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