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DEA Crackdown on Pain Meds Hurting Those in Nursing Homes and Hospices

Sens. Herb Kohl (D-Wis.) and Sheldon Whitehouse (D-R.I.) have written to Attorney General Eric Holder protesting the DEA crackdown on pain medicine prescriptions. Pharmacies, nursing home administrators and geriatric experts agree with them. They are asking Holder to revise DEA policies on prescribing meds like percocet and morphine, and to seek a legislative change.

The DEA has sought to prevent drug theft and abuse by staff members in nursing homes, requiring signatures from doctors and an extra layer of approvals when certain pain drugs are ordered for sick patients.

The law, however, "fails to recognize how prescribing practitioners and the nurses who work for long-term care facilities and hospice programs actually order prescription medications," Kohl and Whitehouse write. They conclude that delays can lead to "adverse health outcomes and unnecessary rehospitalizations, not to mention needless suffering."

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The DEA's newly revised guidelines:

The DEA has sought to prevent drug theft and abuse by staff members in nursing homes, requiring signatures from doctors and an extra layer of approvals when certain pain drugs are ordered for sick patients.

The law, however, "fails to recognize how prescribing practitioners and the nurses who work for long-term care facilities and hospice programs actually order prescription medications," Kohl and Whitehouse write. They conclude that delays can lead to "adverse health outcomes and unnecessary rehospitalizations, not to mention needless suffering."

Another problem:

Most nursing homes do not have pharmacies or doctors on site, adding to delays for patients who fall ill late at night or in transition from a hospital.

A central issue, the DEA has not issued guidance on:

... whether a nurse could serve as an agent of a doctor and administer pain medication with a verbal directive rather than a written prescription from a doctor.

Because of the DEA's crackdown, pharmacies are balking at filling prescriptions:

The problem took on new urgency this year after the drug agents heightened their enforcement of the rules at pharmacies in Ohio, Michigan, Wisconsin and Virginia. The pharmacies face tens of thousands of dolla