New Regulations for Controlled Substances

On February 1, 2012 the Delaware Board of Medical Licensure and Discipline published a final regulation on the use of controlled substances for the treatment of pain.  The regulation will apply to every Delaware medical practitioner who treats acute and chronic pain patients with opioids.  This important regulation goes into effect February 11, 2012.

Physicians should be aware that the new regulation contains strict requirements that include documenting informed consent, documentation of specific treatment goals, and periodic review of whether those goals are being met, and the use of narcotic treatment agreements in certain instances.   These are based on the policy of the Federation of State Medical Boards, which is not intended to be punitive in nature.  Instead it recognizes the complexity of pain management and attempts to provide guidance.  No doubt, however, this regulation will require some medical practitioners to make changes to the way they assess, treat, and/or document a patient’s pain. 

The Medical Society has urged the Board of Medical Licensure and Discipline to offer education on the regulation and will continue to seek its commitment to implementing the new policy in a fair and reasonable manner.  A summary of the requirements of the new regulations has been provided by the law firm of Balick and Balick. Please click here to learn how to make the required changes prior to February 11.

Click here to read the regulations.