Question 7

Certain patients are exempt, and this was clarified by the amendments as of July, 2019. The following patient groups are exempt from this law:

  1. patients who have been on opioids for >90 days in the past 365 days
  2. patients with sickle cell disease
  3. patients with active cancer
  4. patients in palliative care treatment
  5. patients with major burns
  6. patients with major trauma

In this specific question, the patient has been on opioids for 6 months. The patient likely has a contract with the opioid prescriber who is not available. There is nothing in the law that prevents another provider from prescribing for this patient using the exemption: >90 days in the past 365 days. Best medical practice would be for that patient to obtain treatment at the original clinic from a colleague. An alternative is for the current provider to contact the original prescriber to ensure good communication, agreement with the plan, and to prevent doctor shopping behavior.

Tennessee Law 

The Tennessee laws on opioid prescribing can be viewed online (follow the link).

These bold highlighted sections below are specific to the opioid laws regarding prescribers. However, they are not always up-to-date with the most recent amendments.

Title 53 – Food, Drugs and Cosmetics

  • Chapter 10 Legend Drugs
    • Part 3 Tennessee Prescription Safety Act of 2016
      • 53-10-310 practice sites where a controlled substance dispensed…
  • Chapter 11 Narcotics Drugs and Drug Control
  • Chapter 14 Legend Drug and Controlled Substance Research Act of 1984

Title 63 – Professions of the Healing Arts

  • Chapter 1 Division of Health Related Boards
    • Part 1 general provisions
      • 63-1-164 restrictions and limitations on treating patients with opioids
    • Part 4 treatment guidelines

 

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