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Nov 27 2017

Proposed rule defines “consultation” for PAs, supervisors

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At its September meeting, the Board tentatively approved rule changes that define “consultation” between a physician assistant and his or her primary supervising physician, for the purpose of complying with certain provisions of NC’s new opioids law, the STOP Act of 2017. The proposed rule will be submitted to the NC Rules Review Commission for final approval in late November.

A provision of the STOP Act that has been in effect since July 1 requires PAs and nurse practitioners (NPs) who work in pain clinics to consult with their primary supervising physicians before issuing a prescription for a Schedule II or Schedule III opioid where therapeutic use is expected to last for 30 days or longer. Subsequent consultations between the PA or NP and the supervising physician must occur every 90 days for as long as treatment with the Schedule II or Schedule III opioid continues.

NCMB will accept public comments on the proposed rule through March 1, 2018, and will hold a hearing on the rule the same day. The proposed text is published below. Send comments to Rules@ncmedboard.org.

Proposed Rule

21 NCAC 32S .0225 DEFINITION OF CONSULTATION FOR PRESCRIBING CONTROLLED SUBSTANCES

For purposes of N.C. Gen. Stat. § 90-18.1(b), the term “consult” shall mean a meaningful communication, either in person or electronically, between the physician assistant and a supervising physician that is documented in the patient medical record. For purposes of this Rule, “meaningful communication” shall mean an exchange of information that allows the supervising physician to make a determination that the prescription is medically indicated.

History Note: Authority G.S. 90-5.1(a)(3)

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