Law And Ethics Pt 1 - 24% Flashcards
(122 cards)
The Drug Enforcement Administration (DEA) was established in 1973. What is the main function of the DEA?
The DEA is the primary federal law enforcement agency charged with the responsibility of combatting the abuse of controlled substances.
*The Controlled Substance Act requires that anyone who manufactures, distributes or dispenses a controlled substance must register with the DEA.
What are the rules in place by the DEA for veterinarians that work at more than one location?
A DVM can prescribe (write a prescription to dispensed at a pharmacy) Phenobarbital to a seizing dog (for example) at four different locations owner by the same business owner, but that same DVM can not administer or dispense the Phenobarbital unless they are an employee of the practice
OR they are registered at that specific location.
What is the interpretation of the federal law provided by the DEA in regards to administration of controlled drugs by non veterinary staff?
1.) Must be agents or employees of the registered practitioner
2.) They are performing the task in the usual course of business
3.) They are acting under the direction of a licensed veterinarian ( refers to a tech administering a controlled drug while a DVM directly instructs or observes).
4.) They are under the direct supervision of a licensed veterinarian. (Veterinarian on premises and knows what is going on)
Administration of controlled drugs by independent contractors…
If any doubt exists,
It is better to require that independent contractor veterinarians maintain a separate DEA registration. This assures compliance with the Controlled Substance Act, and also helps to support the independent contractor status to the tax authorities who may consider challenging the relationship.
If a veterinarian dies, goes out of business, ceases professional practice, or no longer is licensed or practicing veterinary medicine for any reason. How much time is given before the DEA must be notified?
The DEA must be notified immediately so the registration can be terminated. Any unused drug order forms must be returned to the DEA so the registration can be terminated.
When it comes to ordering controlled substances , no special order form is needed to order drugs in schedule III , IV, or V
What form is needed for all controlled substances in schedule II ?
All controlled substances in schedule II must be ordered with the federal triplicate order form DEA-222.
When completion DEA forms, which copies of the DEA-222 must be submitted to the supplier.
Copies 1 and 2 of the DEA-222 must be submitted to the supplier.
Copy 3 of the form is retained by the registrant (the registered DVM).
**The supplier retains copy 1 and send copy 2 to the DEA.
When it comes to the DEA-222 form copy 3 (the copy retained by the registered DVM) what should written on that form when the shipment arrives?
When the shipment arrives; the date of receipt and the number of containers of each drug should be documented on the copy 3 of the original order form that was retained when ordered.
Describe a DEA schedule I drug -
Has a high potential for abuse. Has no current accepted medical use for tx in the US. Lack of accepted safety for use of the drug or other substance under medical supervision.
Describe DEA schedule II
Has a high potential for abuse. Has a currently accepted medical use in tx in the US or a currently accepted medical use with severe restrictions.
Describe DEA schedule III
Has a potential for abuse less than the drugs or substances in schedules I and II. Has a currently accepted medical use in tx in the US. Abuse of the drug may lead to moderate or low physical dependence or high psychological dependence.
Describe DEA schedule IV
Has a low potential for abuse relative to the drugs in schedule III. Has a currently accepted medical use in tx in the US. Abuse of the drug may lead to limited physical dependence relative to the drugs in schedule III.
Describe DEA schedule V
Has a low potential for abuse relative to the drugs or other substances in schedule IV. Has a currently accepted medical use in tx in the US. Abuse of the drug may lead to limited physical dependence.
When lending a scheduled III, IV or V drug to another practitioner, what steps must be taken ?
1.) Transfer the quantity of drug to another registrant.
2.) Obtain a signed receipt/Invoice from the registered veterinarian who received the drug.
3)Store the invoice in your controlled drug record keeping system.
*The receiving veterinarian should keep keep copies of the receipts showing the drug was received from another veterinarian rather than a supplier.
*Drugs can be returned to the veterinarian from who they were borrowed using these same record keeping methods.
When lending a scheduled 2 drug to another veterinarian, what steps must be taken?
Must use the DEA 222 form. Copy 3 of the form stays with the veterinarian who received the drug. Copy 1 stays with the registered practitioner supplying the drug. Copy 2 is sent to the DEA.
When a veterinarian acquires an existing practice, an initial inventory of controlled substance must be taken. The practitioner transferring the drug should prepare an invoice of all drugs being delivered, what should be on the invoice by both parties?
It should be dated and signed by both the transferor and the receiver and indicate whether it was taken at the beginning of the day or the close of the day.
*Estimated counts for Scheduled III, IV, V are permitted unless the container holds more than 1000 tablets or capsules, then an exact count is needed. (An exact count of all Scheduled II substances is required.)
*These records must be maintained along with all receipts from distributors.
**Every 2 years following the initial inventory date, the registrant must take new inventory of all controlled drugs and maintain the records at the location for 2 years.
What should you do if you have had a loss , spillage, breakage or theft of a controlled substance?
Notify the regional office of the DEA using a DEA form 106. Notify your local police department.
True or False;
A practice cannot employ an individual who has had their DEA application or license revoked or denied if, as a result of their employment , they will have access to controlled drugs.
True.
It is the employees responsibility to report drug diversions like theft by any fellow employees. You will treat all such information confidential. Failure by the employee to report drug diversions by fellow employees will be considered a determining factor in the feasibility of the employee continuing to work in a drug secure area. Who is responsible for informing all employees about this policy?
Employers.
The code of Federal Regulations States that a representative of the DEA is authorized to enter controlled premises and conduct inspections for the purpose of copying and verifying accuracy of records, reports, and other documents related to controlled substances .
However, they cannot without our permission inspect any financial records, sales, and pricing data.
What is required from the DEA representative prior to the inspection taking place?
Inspectors must identify themselves, state their purpose, present their credentials, and the written notice of their authority to inspect with informed consent of the business owner or their representative and if that is not obtained, they can inspect via an administrative warrant.
*The inspection must be at reasonable times and conducted in a responsible manner.
Employees working in a controlled substance environment may be screened and rejected for reasons described by the DEA. What are a couple of pre - employment questions permissible to ask surrounding controlled drugs?
*Within the last 5 years, have you been convicted of a felony/ Or a misdemeanor in the last 2 years/ or a you presently charged?
*In the past 3 years, have you ever knowingly used any narcotics, amphetamines, or barbiturates, other than those prescribed to you by a physician?
What is the Controlled Substance Act (CSA) 1970 ?
It is title II of the Comprehensive Drug Abuse Prevention and Control act both of 1970.
The CSA will have the most relevant information about creating a closed system for the legitimate handling of controlled substances in veterinary medicine.
*Regulates by way of federal registration, all persons involved in the legitimate chain of manufacture, distribution, or dispensing of controlled drugs.
*Was designed to provide a “closed system” for legitimate handlers of controlled drugs and reduce opportunities for controlled drugs entering into the illlicit drug market.
Why must Veterinarians always be aware of their state drug control laws.
*In the event the state drug control regulations are more stringent than the federal law, the STATE regulations will take precedence.
*Practitioners can contact their state boards of examiners or state veterinary associations regarding the individual state requirements
The Controlled Substance Act divides controlled substances into five schedules. What do you know about Schedule I ?
Highest potential for abuse and severe dependence.
Lowest potential for accepted medical use.
Examples include heroin and LSD.