Evaluating promotional claims as false or misleading.

In light of the "false or misleading" standard resulting from the recent legal ruling, it can be concluded that a true claim is one that is both factually and analytically true. Factual truth could be based on the accuracy of the information and the sufficiency of the information. Analytical truth could be based on the scientific foundation for the claim and whether the information within the claim is presented in a balanced way.

Legal liability perspectives on abuse-deterrent opioids in the treatment of chronic pain.

Abuse-deterrent opioid analgesic formulations can help reduce the risk of opioid diversion and abuse. Not all opioid analgesics are available as both extended- and immediate-release dosage forms in abuse-deterrent formulations. Clinicians may have to balance the clinical benefit of a product that does not use abuse-deterrent technology versus the regulatory benefit of using a product with this technology.

Drug enforcement administration liability for false arrest of physician.

Prescribing opioid analgesic medications brings with it a risk of regulatory oversight. A Florida Physician, Dr. Andrew Nguyen, was arrested in 2000 for allegedly violating controlled substance laws.

Multiple schedule II prescriptions: the final rule.

Multiple same-day prescriptions for Schedule II medications offer the flexibility to provide continuous access to necessary medication without requiring that stabilized patients unnecessarily visit their prescriber on a monthly basis. The federal Drug Enforcement Administration recently promulgated a new regulation that specifically authorizes the use of multiple prescriptions. This is a change in policy within the agency.

Update on prescription monitoring in clinical practice: a survey study of prescription monitoring program administrators.

Objective: Prescription drug abuse and undertreatment of pain are public health priorities in the United States. Few options to manage these problems are balanced, in simultaneously supporting pain relief and deterring prescription drug abuse. Prescription monitoring programs (PMPs) potentially offer a balanced approach; however, the medical/scientific communities are not well informed about their current status and potential risks/benefits.

Pharmacist-physician collaboration in pain management practice.

Pain is one of the most common reasons patients seek out healthcare and management typically requires complex medication regimens. Pharmacists have become increasingly more involved in pain management. Historically, pharmacists and physicians have often had adversarial relationships because of regulatory influence.

Should the DEA conduct a "patient impact assessment" when promulgating new restrictions on controlled substance distribution?

The federal notice and comment rulemaking process is described and illustrated with the recent multiple-copy prescription controversy. Impact assessment, balance in controlled substance regulation, and informing balanced decision making are discussed. Examples of regulations that may warrant patient impact assessment scrutiny are provided and the need for caution in applying these is described.

Patient perspectives on criminal prosecutions of pain management practitioners:lessons from the Fisher-Miller case.

The profound effect of the filing of criminal drug trafficking charges against health professionals on the patients are described. Two high profile cases in which a physician, Frank Fisher, and a pharmacist, Stephen Miller, were prosecuted for providing opioid analgesics for pain patients are described. The patients' personal perspectives on their being labeled as drug abusers for using prescribed analgesics that improved their quality of life and the way in which other health professionals and society related to them are described.

Constructs underlying community pharmacy dispensing functions relative to Florida pharmacy technicians.

Objectives: To assess pharmacist and pharmacy technician opinions on functions community pharmacy technicians should perform.

Design: Cross-sectional and descriptive.

Setting: Florida community pharmacies during August and September 2004.

The "general recognition and acceptance" standard of objectivity for good faith in prescribing: legal and medical implications.

The United States Court of Appeals for the 4th Circuit has ruled that a jury considering charges of drug trafficking against a pain management physician should be instructed that the defendant's good faith is a defense to the charges. The court rejected a subjective standard of good faith, and instead ruled that the good faith of the defendant must be evaluated from an objective perspective. This objective standard requires that the jury determine whether the defendant was practicing in accordance with the standard generally recognized and accepted in the United States.

Debunking myths of negligence in pain management practice.

Pain management practitioners must meet the standard of care to avoid liability for malpractice. The Court of Appeals of Florida has recently reversed a jury verdict against a surgeon who provided pain management care to a patient who died after overdosing on opioids obtained from a different physician. The plaintiffs had contended that the surgeon breached the standard of care by failing to perform specific activities that would have prevented the patient from obtaining the drugs that cause her death.

A pharmacist model of perceived responsibility for drug therapy outcomes.

Pharmacists in community and ambulatory care settings are in a unique position to reduce drug-related morbidity and to optimize patient outcomes by identifying, resolving, and preventing drug therapy problems. This particular approach to pharmacy practice expands traditional pharmacist responsibilities of dispensing pharmaceuticals and providing drug information to optimizing patients' drug therapy outcomes. However, pharmacists in general, and community pharmacists in particular, have yet to incorporate this expanded professional role into daily practice.

Cancer patient and caregiver experiences: communication and pain management issues.

This study examined facilitators and barriers to effective patient and caregiver communication with providers with emphasis on communication related to cancer pain management. Focus groups and personal interviews were conducted with cancer patients and family caregivers of patients. Communication experiences of subjects as well as suggestions for ways to improve the communication process were elicited.

Media coverage of controlled substance diversion through theft or loss.

Objectives: To determine the frequency of media reports of controlled substance diversion.

Design: Quantitative search of news articles from LexisNexis Academic, using search strings related to four different types of controlled substance diversion.

Setting: Not applicable.