As of June 13, 2005, the Drug Enforcement Administration (DEA) will now allow retail pharmacies to install automated dispensing systems at long term care facilities to dispense controlled substances.

Under previous DEA rules, a retail pharmacy had to dispense a patient's entire prescription to his or her long term care facility. The facility would then have to maintain the drugs and ensure that the patient ingested them as prescribed. If a patient left the facility or the patient's medication changed, the facility was required to retain the excess drugs. Because such facilities were typically not registered with the DEA, they could not transfer the drugs and, instead, had to dispose of them.

Under the new regulations, retail provider pharmacies now have the option, after registering, of storing controlled substances in an automated dispensing system - a type of vending machine - that dispenses single doses of controlled substances. Because the pharmacy owns the drugs until they are physically dispensed from the machine, any excess can be dispensed to other patients, thereby reducing drug waste and providing substantial cost savings. In addition, because the system electronically records each dispensed controlled substance, pharmacies can assist DEA in investigating any controlled substance diversions.

Further, and subject to each state's discretion, nurses can now have access to an emergency supply of controlled substances prior to a physician's communication of a prescription to the pharmacy. However, DEA is requiring the states to adopt procedures to ensure that such emergency uses do not undermine the very purpose of the new regulations, which is to reduce illegal diversion and improve overall security.

 

For questions regarding new regulations - or any DEA-related matters - please contact: 

Wayne Matelski
202-857-6340
matelski.wayne@arentfox.com