August 16, 2024

The U.S. Drug Enforcement Administration (DEA) requirements on how to dispense controlled substances

The DEA requires pharmacies like AIS Healthcare (“AIS”) to have a Power of Attorney (POA) in place in order to dispense controlled substances and opioid-based medications directly to a treating practitioner’s clinic.

As the largest and leading provider of intrathecal controlled substances, AIS prioritizes patient safety and well-being. We support measures to strengthen and secure the chain of custody of these medications. This requirement mitigates safety concerns around leaving packages on patients’ doorsteps where they can be exposed to weather, stolen or diverted. Millions of prescriptions go missing from home delivery every year.

This POA requirement is effective now and is only required to be completed one time to cover all clinic patients. This requirement is not AIS-specific, it is a requirement for all pharmacies. As the largest provider of intrathecal controlled substances, we will continue to be leaders in patient safety.

The POA needs to be signed by a DEA registered treating practitioner and the patient. The POA must comply with the laws of the state where the medication is being dispensed. Depending on the state, the POA will require the signatures of both the patient and the treating practitioner to be witnessed and/or notarized. 

Unfortunately, pharmacies are not allowed to dispense controlled substances to a nurse or other intermediary who would then transport the medication to the patient’s home for administration. 

Hence, as of September 15, 2024, AIS will not dispense controlled substances to our nurses so they can take them to patients’ homes. Instead, we will have to refer those patients back to the clinic setting.  Please note that our Home Connect Nursing Program will continue to serve home patients who are not receiving controlled substances. 

Obviously, this change will impact pharmacies like AIS, and the treating practitioners and patients we serve. We do offer in-office nursing support through our Clinic Connect Program. That means we can have an RN, with extensive experience, perform pump refills and other services in the clinic-setting with a treating practitioner’s oversight. 

It is clear that the DEA believes shipping controlled substances to nurses could put the prescribing practitioner, the nurse and the pharmacy in legal jeopardy. Clearly, the clinic model is the preferred approach which is consistent with how AIS is positioned. 

We stand ready to handle any in-home patients (currently served by AIS or another pharmacy) who need to transition to the clinic setting. 

Our Care Connect nurses are on call 24×7 to answer questions and help care for patients.

If you have any questions or require further clarification regarding the DEA’s aforementioned POA requirement or have any concerns about transitioning your care to the clinic setting, please contact us at 877.443.4006. Our mission is to remain the market leader in targeted drug delivery, and to continue to put patient safety and well-being first. 

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