Proposed DEA Rule Would Not Improve Adoption of E-Prescribing for Controlled Substances

(Washington, DC)- The proposed rule from the Justice Department’s Drug Enforcement Administration (DEA) on electronic prescribing (e-prescribing) for controlled substances cannot be effectively implemented and would not enhance adoption of the technology for these medications, the Pharmaceutical Care Management Association (PCMA) said today.

“While the proposed rule doesn’t affect a physician’s ability to prescribe everyday non-controlled prescription drugs, it would create unnecessary burdens and workflow issues for physicians and pharmacists regarding controlled substances,” said PCMA President & CEO Mark Merritt.

• Ensuring Generic Substitution. The proposed rule would not allow electronic prescriptions for controlled substances to be changed by a pharmacist, creating the potential to negatively affecttools that are used to manage the pharmacy benefit, such as generic substitution. PCMA recommends clarifying that pharmacists are allowed to change prescriptions according to State law and not be considered “altering the prescription during transmission.”
• Validating a Prescriber’s DEA Registration. PCMA believes requiring a pharmacy to check the DEA database to validate prescriber registration in real-time before dispensing a controlled substance is costly and ineffective. The DEA database is not updated in real-time, but instead on a weekly basis. The lack of real-time information may result in the rejection of scripts from prescribers not yet integrated into the database.
• Streamlining Prescriber Identity Verification. To eliminate unnecessary burdens, PCMA recommends that e-prescribing service providers be allowed to verify a prescriber’s identification in-person. The proposed rule would require prescribers to go in-person to verify their identity, valid medical license, and DEA authority to prescribe controlled substances to any of the following: a DEA registered hospital where the prescriber has privileges, state or professional license board, or state or local law enforcement authority.  E-prescribing service providers already offer the most streamlined manner in which a prescriber can verify their identity in-person and present a solution that does not require prescribers to leave their office to be verified.
• Reducing Prescriber Workflow. The proposed rule would require practitioners re-authenticate if their e-prescribing system remains idle for more than 2 minutes. This timeframe is unreasonable and does not recognize the workflow demands of medical practice. In the commercial world, such timeouts are normally in the 15 to 20 minute range. PCMA recommends that the time lapse for re-authentication be revised to 15 minutes.

Mr. Merritt added: “Today, physicians electronically prescribe millions of non-controlled prescriptions every year.  They should be able to prescribe controlled substances electronically, too.”

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PCMA is the national association representing America’s pharmacy benefit managers (PBMs), which administer prescription drug plans for more than 210 million Americans with health coverage provided through Fortune 500 employers, health insurance plans, labor unions, and Medicare Part D.