The Department of Public Health this week presented draft regulations to the Public Health Council to implement changes to the state Prescription Drug Monitoring Program (PMP).
The draft regulations spell out the requirements for review of 12 months of prescribing history in the PMP database by all fully licensed physicians and other professionals for new patients and those who have not been seen in the past 12 months. This requirement appears to be proposed for any patient encounter, regardless of the likelihood of prescribing being indicated.
While there are some exceptions to the requirement listed and more possible in future guidelines, the MMS had hoped the proposed regulations would be more reflective of the demands of clinical practice than the initial draft has proven.
The MMS has engaged the DPH in discussions around the proposed regulations and on recent changes to the drug control registration program done without regulations or public comment and which require submission of email addresses and certification of compliance with the PMP requirements as a condition of receiving a state registration.
The MMS recognizes that limitations of the state database system and federal grant requirements for adherence to specific patient privacy protections have probably had an impact on the DPH in its decisions.
Physicians who cannot meet the new requirements are urged to contact the Department for a waiver of the email requirement. MMS government relations staff is interested in your experiences if you have been subject to a registration recall in 2013. We are also interested in your experiences with the PMP database .
A meeting with DPH staff on the proposed regulations and MMS’s concerns with changes to the drug registration process is scheduled for early March. The MMS continues to investigate options in responding to these initiatives.
- DPH’s draft regulations (pdf, 9 pages)
- DPH staff’s presentation to the Public Health Council. (.pdf, 11 pages)
There will be a public hearing on the regulations March 22. A final vote is likely at the April Public Health Council meeting.
Physicians are urged to review the proposed regulations and the DPH vision for the PMP program. Future MMS communications will provide more details.
- William Ryder, Esq.