††††† 201 KAR 9:016. Restrictions on use of amphetamine and amphetamine-like anorectic controlled substances.
††††† RELATES TO: KRS 311.550, 311.595(9), 311.597
††††† STATUTORY AUTHORITY: KRS 311.565(1)
††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 311.565(1)(a) authorizes the board to promulgate administrative regulations to regulate the conduct of licensees. KRS 311.595(9) and 311.597 authorize disciplinary action against licensees for specified offenses. This administrative regulation establishes the requirements governing the use of amphetamine and amphetamine-like anorectic controlled substances.
††††† Section 1. Definitions. (1) "Board" is defined in KRS 311.550(1).
††††† (2) "Body mass index" means the weight of the patient in kilograms divided by the height in meters, squared.
††††† (3) "Schedule II amphetamine or amphetamine-like controlled substance" means:
††††† (a) Amphetamine, its salts, optical isomers, and salts of optical isomers;
††††† (b) Phenmetrazine and its salts; or
††††† (c) Methylphenidate.
††††† (4) "Schedule III or IV amphetamine-like controlled substance" means a drug classified as a stimulant pursuant to:
††††† (a) 902 KAR 55:025, Section 2; or
††††† (b) 902 KAR 55:030 Section 1.
††††† Section 2. Prior to prescribing, ordering, dispensing, administering, selling, supplying or giving a Schedule II, III or IV amphetamine or amphetamine-like controlled substance, a physician shall take into account the:
††††† (1) Drugís potential for abuse;
††††† (2) Possibility that a drug may lead to dependence;
††††† (3) Possibility a patient will obtain the drug for a nontherapeutic use;
††††† (4) Possibility a patient will distribute it to others; and
††††† (5) Potential illicit market for the drug.
††††† Section 3. Schedule II Amphetamine or Amphetamine-like Controlled Substances. (1) The patientís record shall denote the diagnosis that justifies treatment with a Schedule II amphetamine or amphetamine-like controlled substance.
††††† (2) A Schedule II amphetamine or amphetamine-like controlled substance shall be used to treat only:
††††† (a) Narcolepsy;
††††† (b) Attention deficit/hyperactive disorder;
††††† (c) Resistant depressive disorder in combination with other antidepressant medications, or if alternative antidepressants and other therapeutic modalities are contraindicated;
††††† (d) Drug-induced brain dysfunction; or
††††† (e) A diagnosis for which the clinical use of the Schedule II amphetamine or amphetamine-like controlled substance is investigational and the investigative protocol has been submitted, reviewed and approved by the board prior to the clinical use of the drug.
††††† (3) A Schedule II amphetamine or amphetamine-like controlled substance shall not be utilized to treat obesity.
††††† Section 4. Treatment of Obesity with a Schedule III or IV Amphetamine-like Controlled Substance. (1) Prior to prescribing, administering, dispensing, ordering, selling, supplying, or giving a Schedule III or IV amphetamine-like controlled substance to treat obesity, the physician shall:
††††† (a) Establish a physician/patient relationship;
††††† (b) Determine that the patient is an obese adult who is a proper candidate for weight reduction treatment;
††††† (c) Consider and record the extent of prior anorectics or other controlled substances used by the patient;
††††† (d) Determine that the body mass index of the patient is twenty-seven (27) or more, unless the body mass index is twenty-five (25) to twenty-seven (27) and the patient has a comorbidity such as a cardiovascular disease, diabetes mellitis, dyslipidemia, hypertension, or sleep apnea; and
††††† (e) Provide the patient with carefully prescribed diet, together with counseling on exercise, behavior modification and other appropriate supportive and collateral therapies.
††††† (2) During treatment for obesity, a physician shall:
††††† (a) Maintain a physician/patient relationship throughout the treatment process;
††††† (b) Maintain an adequate patient record in accordance with subsection (4) of this section; and
††††† (c) Justify in the patient record the use of any Schedule III or IV amphetamine-like controlled substance beyond three (3) months.
††††† (3) A physician shall terminate the use of Schedule III or IV amphetamine-like controlled substances if:
††††† (a) A patient does not demonstrate weight loss and does not attempt to comply with exercise and dietary changes;
††††† (b) A body mass index of a patient without a comorbid condition is less than twenty-seven (27); or
††††† (c) The body mass index of a patient with a comorbid condition is less than twenty-five (25).
††††† (4) The board shall consider the following factors in reviewing the adequacy of a patient record:
††††† (a) Medical history, including:
††††† 1. Illnesses, with particular emphasis on cardiovascular diseases;
††††† 2. Surgery;
††††† 3. Lifestyle;
††††† 4. Medications;
††††† 5. Eating habits;
††††† 6. Exercise;
††††† 7. Weight gain and loss;
††††† 8. Prior efforts at weight control and reduction;
††††† 9. Prior treatment compliance;
††††† 10. Menstruation and pregnancy; and
††††† 11. Psychiatric history with particular reference to depression, paranoia, psychosis and chemical dependency;
††††† (b) Social history;
††††† (c) Family history;
††††† (d) Complete physical examination;
††††† (e) Evaluation of laboratory tests including:
††††† 1. CBC;
††††† 2. Fasting blood sugar;
††††† 3. Thyroid panel or TSH;
††††† 4. Lipid profile;
††††† 5. Serum potassium;
††††† 6. Liver function test; and
††††† 7. Renal function test;
††††† (f) An informed consent signed by the patient that cites the limitations and risk of anorectic treatment including potential dependency and psychiatric illness;
††††† (g)1. A signed agreement that the patient has voluntarily agreed to:
††††† a. Have one (1) prescribing physician for controlled substances;
††††† b. Use one (1) pharmacy to fill prescriptions for controlled substances;
††††† c. Not have early refills on the prescriptions for controlled substances; and
††††† d. Provide full disclosure of other medications taken; or
††††† 2. Documentation that:
††††† a. The physician requested the patient sign an agreement meeting the requirements of subparagraph 1 of this paragraph;
††††† b. The patient declined to sign the agreement; and
††††† c. Indicates the physicianís clinical reasons for prescribing, or continuing to prescribe, a Schedule III or IV amphetamine-like controlled substance to the patient, in light of the patientís refusal to sign the agreement; and
††††† (h) A record of each office visit, including:
††††† 1. The patient's weight;
††††† 2. The patient's blood pressure;
††††† 3. The patient's pulse;
††††† 4. The presence or absence of medication side effects or complications;
††††† 5. The doses of medications prescribed;
††††† 6. The patient's body mass index; and
††††† 7. Evaluation of patientís compliance with the total treatment regimen.
††††† Section 5. Waiver. For a legitimate medical purpose, a physician may apply in writing for a written waiver of any requirement in this administrative regulation. The board may issue a waiver with terms and conditions it deems appropriate.
††††† Section 6. Failure to comply with the requirements of this administrative regulation shall constitute dishonorable, unethical or unprofessional conduct by a physician which is apt to deceive, defraud or harm the public under KRS 311.595(9) and 311.597. (10 Ky.R. 69; eff. 12-2-83; Am. 13 Ky.R. 1087; eff. 1-13-87; 15 Ky.R. 1285; 1645; eff. 12-13-88; 16 Ky.R. 1223; eff. 2-3-90; 28 Ky.R. 443; 1794; eff. 2-7-2002.)