August 16, 2024
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 the chain of custody and security involved in the dispensing of these medications. The POA 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 one time for each patient. This is not a requirement that is AIS-specific. It needs to be followed by every pharmacy. The DEA has made clear that shipping to a practitioner’s clinic is the much better way to do business. But for any pharmacy to do that, the DEA insists that a POA be in place.
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. By following this process, you and AIS can ensure compliance with the DEA and state law.
Unfortunately, the DEA prohibits pharmacies to dispense controlled substances to a nurse or other intermediary who would then transport the medication to the patient’s home for administration. As of September 15, 2024, AIS stopped dispensing controlled substances to our nurses so they can take them to patients’ homes. Instead, patients are being referred to their respective clinics. 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. Under current law, pharmacies have two options. They can ship to the prescribing practitioner’s clinic, provided a POA is in place. Or they can ship directly to the patient, which, as mentioned above, is filled with risk. 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 POA requirement or have any concerns about transitioning patient 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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