Case examples of Physician liability in NP “Collaborative” agreements

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PatBateman

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I am trying to find some case examples of Physician liability in collaborative agreements with NPs who are running independent practices.

All I seem to find on my search are some blog posts that insinuate very little or even no liability exists.

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Most physicians arent sitting around saving court records of this for fun. Attorneys can point you to many examples.

A friend of mine lost his license for the actions of his NP. I’m not going to list his name as it’s already ruined his career/future enough.
 
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Your malpractice carrier may also be able to provide you with some examples. They're usually chock full of malpractice case examples to try to keep us from getting sued lol.
 
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This is a bit like asking for examples of people who have lost their life savings gambling. No one wants to talk about this and the shame is great for any possibly disciplinary action in medicine. Docs loathe discussing malpractice suits, even when they did absolutely nothing wrong, which is honestly its own problem. That said, if anyone did have examples, I would love to read them...
 
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In a way I want NPs/PAs to be more independent, so they can bear their own liability so i prefer states where they practice indepdently and have no involvement with me. Would never take a job supervising again unless I was 70 and just wanted to sign charts.

People are pushing for them to become more independent. Most of the midlevels I have worked with did not even know about CYP interactions.
 
In a way I want NPs/PAs to be more independent, so they can bear their own liability so i prefer states where they practice indepdently and have no involvement with me. Would never take a job supervising again unless I was 70 and just wanted to sign charts.

People are pushing for them to become more independent. Most of the midlevels I have worked with did not even know about CYP interactions.
There is absolutely nothing requiring you to supervise midlevels even in states that require supervision. I was asked/shamed on multiple occasions at my last position to do so for a robust $1000/month and simply said no, including to the CMO in front of the entire Csuite of the organization. Just because the guy down the street is selling heroin does not excuse me from doing so as well.
 
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There is absolutely nothing requiring you to supervise midlevels even in states that require supervision. I was asked/shamed on multiple occasions at my last position to do so for a robust $1000/month and simply said no, including to the CMO in front of the entire Csuite of the organization. Just because the guy down the street is selling heroin does not excuse me from doing so as well.
Yes but this was my first job, and I needed to be in a specific location. Also it got sprung upon me to say the least. Again, these are lessons learned, residency did not teach me negotiating power/red flags for potential job and I learned some stuff the hard way
 
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Yes but this was my first job, and I needed to be in a specific location. Also it got sprung upon me to say the least. Again, these are lessons learned, residency did not teach me negotiating power/red flags for potential job and I learned some stuff the hard way
No shade your way, I get it. I was 2 years out and at a location where I had to be as well, I think my HR was about 130 following one of these conversations. I was content to do telepsychiatry if they got pushier, but it turns out they did value my clinical services more than they desired an expansion via NP's. These are great stories for current residents to read, so I'm glad you are sharing your experience.
 
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I don't think the OP is going to be very lucky. There isn't very much out there and indeed the literature you will find is pretty uniformly NP supportive. There's some significant publication bias there, of course, but it seems like the OP is starting off looking to support a bias in the other direction? What is the OP hoping to accomplish with this? There are bad psychiatrists and bad PMHNPs...
 
I don't think the OP is going to be very lucky. There isn't very much out there and indeed the literature you will find is pretty uniformly NP supportive. There's some significant publication bias there, of course, but it seems like the OP is starting off looking to support a bias in the other direction? What is the OP hoping to accomplish with this? There are bad psychiatrists and bad PMHNPs...

Not trying to accomplish anything besides reading some cases. Like you said there is a bias in the literature out there stating that there is zero to limited liability in most states for collaborative agreements but that just seems ridiculous to me. I am not insinuating any profession is bad I just want to see some examples of collaborative liability if they are out there.
 
In an outpatient practice with no controlled substances with a high functioning population, I would expect the liability to be quite low.

With a patient population with controlled substances and SMI patients on antipsychotics lithium and Depakote etc. I can see the liability being much higher.

I would only work with the NP in the first scenario
 
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Most physicians arent sitting around saving court records of this for fun. Attorneys can point you to many examples.

A friend of mine lost his license for the actions of his NP. I’m not going to list his name as it’s already ruined his career/future enough.

Wow that's crazy. What did the NP do, kill someone?
 
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Wow that's crazy. What did the NP do, kill someone?
Right? There are a lot of rumblings this could happen but I haven't heard of an actual case. I would think with all the focus on midlevels now if this was happening the PPP would be plastering billboards. A colleague just accepted a job supervising 4 PAs for $15,000 each which sounds low and like a bad idea to me regardless of if there are cases pending or not.
 
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In an outpatient practice with no controlled substances with a high functioning population, I would expect the liability to be quite low.

With a patient population with controlled substances and SMI patients on antipsychotics lithium and Depakote etc. I can see the liability being much higher.

I would only work with the NP in the first scenario

Ehhh I think you might misestimate the risk here.

SMI patients are very unlikely to be litigious..most of the real SMI you see is in CMHC with homeless/underinsured patients who much of the time have no family or very disinterested/estranged family (either because of their socioeconomic background or prior history with the patient/comorbid substance abuse, etc). Someone has to actually be willing to bring a lawsuit for a malpractice suit to happen...it's not like a criminal case where the state decides who to prosecute. You also have a bit more protection because of the severity of the patient population, it's easier to explain harm from some crazy med regimen on someone with severe schizophrenia who gets admitted to the hospital multiple times a year and the only thing keeping them out of the hospital was that regimen.

Although I'm not a malpractice insurer, higher SE status/lower risk patient populations may actually expose you to a higher risk of a lawsuit because 1) they/their families actually care if a bad outcome occurs and 2) overall severity is lower and so it's harder to justify doing unusual things with meds or long term side effects that may result from medications. So I'd actually see higher risk for instance putting a young adult child-bearing age female on depakote for their "mood swings and bipolar disorder" (which you literally see happening all the time....) than adding depakote to polypharmacy for a schizoaffective patient who's been in the hospital multiple times a year as a last ditch effort to stabilize them.
 
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Ehhh I think you might misestimate the risk here.

SMI patients are very unlikely to be litigious..most of the real SMI you see is in CMHC with homeless/underinsured patients who much of the time have no family or very disinterested/estranged family (either because of their socioeconomic background or prior history with the patient/comorbid substance abuse, etc). Someone has to actually be willing to bring a lawsuit for a malpractice suit to happen...it's not like a criminal case where the state decides who to prosecute. You also have a bit more protection because of the severity of the patient population, it's easier to explain harm from some crazy med regimen on someone with severe schizophrenia who gets admitted to the hospital multiple times a year and the only thing keeping them out of the hospital was that regimen.

Although I'm not a malpractice insurer, higher SE status/lower risk patient populations may actually expose you to a higher risk of a lawsuit because 1) they/their families actually care if a bad outcome occurs and 2) overall severity is lower and so it's harder to justify doing unusual things with meds or long term side effects that may result from medications. So I'd actually see higher risk for instance putting a young adult child-bearing age female on depakote for their "mood swings and bipolar disorder" (which you literally see happening all the time....) than adding depakote to polypharmacy for a schizoaffective patient who's been in the hospital multiple times a year as a last ditch effort to stabilize them.
Agree that the SMI population lacks the resources to pursue a lawsuit. But overall, outpatient psychiatry medicolegal risk is pretty low. There's hundreds NP run clinics and obviously they are not closing down bc of liability issues. This isn't internal medicine or cardiology, it's a lot harder to kill our patients. I would think inpatient psych liability is higher.

I would make sure any mood stabilizers or antipsychotics are reviewed prior to starting as a rule. I see mostly High functioning outpatients via telepsychiatry and I rarely have to prescribe lithium or Depakote. I usually stick with Abilify, seroquel, and lamotrigine and if it requires more than that, the patient probably is not ideal for telepsych. Literally 80% of my practice is prescribing antidepressants or stimulants for ADHD.

If you avoid lithium, Depakote, and high dose antipsychotics, the medicolegal risk from side effects or complications drops significantly.

If you avoid patients that are high safety risk towards self or others , the medicolegal risk drops significantly.

I remember reading that board reprimands are typically more common than lawsuits for psychiatrists but not sure if anyone has any updated literature on this.

Curious to see others thoughts on the risk with supervising NPs
 
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Wow that's crazy. What did the NP do, kill someone?

Possibly. I don’t have the specific patients names to verify. In my state, the MD must sign only 10% of the charts. NP was Rx ample benzos in patients that were on a fair amount of opiates. In a few cases, the NP actually Rx opiates because NP read they have some serotonergic activity in conjunction with benzos for anxiety.

The medical board determined that the MD was a “danger to society” for missing these cases seen by the NP. License revoked.

The nursing board determined the NP needed some additional education and returned to the workforce.
 
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Possibly. I don’t have the specific patients names to verify. In my state, the MD must sign only 10% of the charts. NP was Rx ample benzos in patients that were on a fair amount of opiates. In a few cases, the NP actually Rx opiates because NP read they have some serotonergic activity in conjunction with benzos for anxiety.

The medical board determined that the MD was a “danger to society” for missing these cases seen by the NP. License revoked.

The nursing board determined the NP needed some additional education and returned to the workforce.
This is actually not surprising, and I see stuff like this all the time on the patients that come in passing out or falling over because of their med regimens. The patients rarely sue, even when it's obviously because of the meds. They just end up seeing someone else if they can.
 
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Ehhh I think you might misestimate the risk here.

SMI patients are very unlikely to be litigious..most of the real SMI you see is in CMHC with homeless/underinsured patients who much of the time have no family or very disinterested/estranged family (either because of their socioeconomic background or prior history with the patient/comorbid substance abuse, etc). Someone has to actually be willing to bring a lawsuit for a malpractice suit to happen...it's not like a criminal case where the state decides who to prosecute. You also have a bit more protection because of the severity of the patient population, it's easier to explain harm from some crazy med regimen on someone with severe schizophrenia who gets admitted to the hospital multiple times a year and the only thing keeping them out of the hospital was that regimen.

Although I'm not a malpractice insurer, higher SE status/lower risk patient populations may actually expose you to a higher risk of a lawsuit because 1) they/their families actually care if a bad outcome occurs and 2) overall severity is lower and so it's harder to justify doing unusual things with meds or long term side effects that may result from medications. So I'd actually see higher risk for instance putting a young adult child-bearing age female on depakote for their "mood swings and bipolar disorder" (which you literally see happening all the time....) than adding depakote to polypharmacy for a schizoaffective patient who's been in the hospital multiple times a year as a last ditch effort to stabilize them.

i agree with this- higher functioning patients with more resources are probably more likely to do vengeful things.
 
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Literally 80% of my practice is prescribing antidepressants or stimulants for ADHD.

If you avoid lithium, Depakote, and high dose antipsychotics, the medicolegal risk from side effects or complications drops significantly.

If you avoid patients that are high safety risk towards self or others , the medicolegal risk drops significantly.
So you craft a practice towards what a PCP could do and dole out lots of stimulants to adults for ADHD whilst also not managing patients who badly need psychiatrists and the best care possible in an effort to avoid medicolegal risk and post about it on a forum promoting psychiatry learning and practice?
 
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it's a lot harder to kill our patients
A lot harder to kill quickly.

But some of the drugs you mentioned feeling safer with raise insulin levels which directly irritates the endothelial lining of coronary arteries which begins the process of the most common cause of death.
 
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I think one thing to consider is most malpractice lawyers are compensated based upon the award that the plantiff gets, and their goal is to settle and make easy money- but if the case isnt strong they dont have much incentive to work for free, knowning they dont have a chance of getting anything for themselves. Another thing is, it can be hard to directly attribute outcomes to specific causes.

I do not think taking a certain set of patients will necessarily mitigate risk. Theres risk with prescribing a bunch of people stimulants. Im currently in a community health setting and have people on mood stabilizers, clozapine, high dose antipsychotics, everything you could imagine. Definitely keeps me up at night...At times its rewarding knowing i stabilized someone and they're functional and able to live a significantly better life after multiple people had failed them, but the stress is way more than I imagined it would have been.

The problem is, these sick patients come in sick often because they were mismanaged by someone else and now theyre on tons of inappropriate medications. A month ago I had someone who started seeing me, was on 12 psych medications (roughly), I have him down to 3 and hes the best hes ever been.

One issue with a lot of community psych places, and maybe psych facilities in general, is the lack of a sensible psychiatrist at the helm of leadership. Instead we have people with a MBA from university of phoenix dictating how things should operate...
 
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If you avoid patients that are high safety risk towards self or others , the medicolegal risk drops significantly.

This is happening a lot that I see with telemedicine. I have a patient who has bipolar disorder who's overall high functioning. He's also only on Depakote. He tried to transition out of my practice to an online platform, but the doctor there won't see him after evaluating him, so he came back to me.

Of course, this results in him coming back to me, which increases my demand, which increases my fees. It's sort of a win-win, because now I make even more money than before. But this doesn't really solve the problem of people with different acuity all need access.

Based on what I'm seeing, I actually think the rise of NPs will start to chew themselves up. The models will change as psych NPs will mainly be situated with PMD or helpers at a practice for low acuity cases.

In fact, high acuity cases can't even be telemedicine. If you have a high-quality psychiatrist who can handle [self-percieved] high acuity cases in the community, your demand will *rise* with the rise of NPs.
 
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Here's a lawyer who could only find 6 cases. There were no "collaborating" physicians not directly involved in patient care and not legally required to review charts who were named in lawsuits. She has some tips for avoiding/minimizing legal exposure if you do supervise NPs.

 
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Here's a lawyer who could only find 6 cases. There were no "collaborating" physicians not directly involved in patient care and not legally required to review charts who were named in lawsuits. She has some tips for avoiding/minimizing legal exposure if you do supervise NPs.

This is helpful. Of note, the author appears to by an NP...but listing their degree credential only (Master of Science in Nursing, MSN), which is kind of odd given the usual alphabet soup behind most nurse's names these days.
 
Agree that the SMI population lacks the resources to pursue a lawsuit. But overall, outpatient psychiatry medicolegal risk is pretty low. There's hundreds NP run clinics and obviously they are not closing down bc of liability issues. This isn't internal medicine or cardiology, it's a lot harder to kill our patients. I would think inpatient psych liability is higher.

I would make sure any mood stabilizers or antipsychotics are reviewed prior to starting as a rule. I see mostly High functioning outpatients via telepsychiatry and I rarely have to prescribe lithium or Depakote. I usually stick with Abilify, seroquel, and lamotrigine and if it requires more than that, the patient probably is not ideal for telepsych. Literally 80% of my practice is prescribing antidepressants or stimulants for ADHD.

If you avoid lithium, Depakote, and high dose antipsychotics, the medicolegal risk from side effects or complications drops significantly.

If you avoid patients that are high safety risk towards self or others , the medicolegal risk drops significantly.

I remember reading that board reprimands are typically more common than lawsuits for psychiatrists but not sure if anyone has any updated literature on this.

Curious to see others thoughts on the risk with supervising NPs

So you craft a practice towards what a PCP could do and dole out lots of stimulants to adults for ADHD whilst also not managing patients who badly need psychiatrists and the best care possible in an effort to avoid medicolegal risk and post about it on a forum promoting psychiatry learning and practice?


No i didn't craft the clinic; why would you assume that I have control over which patients enter into my practice? This is a clinic that is mainly commercial insurance- PPO based with only a small % of medicare and no medicaid. But this description also applies to most cash psychiatrists, especially telepsych based. It also applies to most patients who are eligible for large telemedicine companies such as Teladoc- which mostly works with commercial PPO plans.

Patients with SMI diagnoses are either medicare, medicaid. They cant afford cash pay and they typically are not on commercial PPO plans since many are not gainfully employed. These type of patients are not best suited for telemedicine.
 
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This is happening a lot that I see with telemedicine. I have a patient who has bipolar disorder who's overall high functioning. He's also only on Depakote. He tried to transition out of my practice to an online platform, but the doctor there won't see him after evaluating him, so he came back to me.

Of course, this results in him coming back to me, which increases my demand, which increases my fees. It's sort of a win-win, because now I make even more money than before. But this doesn't really solve the problem of people with different acuity all need access.

Based on what I'm seeing, I actually think the rise of NPs will start to chew themselves up. The models will change as psych NPs will mainly be situated with PMD or helpers at a practice for low acuity cases.

In fact, high acuity cases can't even be telemedicine. If you have a high-quality psychiatrist who can handle [self-percieved] high acuity cases in the community, your demand will *rise* with the rise of NPs.


Are you a cash psychiatrist? I dont think most cash psychiatrists are seeing SMI patients. It's typically the worried well.

I do have a small cash practice and I have taken on some patients who have SMI diagnoses, they almost invariably discontinue treatment, either because they are not treatment compliant or they cant afford to pay cash rates for visits. I have few but its tough because invariably I need to see them more frequently and it gets expensive with a cash rate.

I would venture to say that the SMI population is almost exclusively being treated by academic centers and CMH centers. Nothing will stand in the way of psych NPs taking over for cash pay and commercial insurance in my opinion, there is plenty of low acuity psychiatry to go around, and they will continue to eat away at this pie.
 
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This is happening a lot that I see with telemedicine. I have a patient who has bipolar disorder who's overall high functioning. He's also only on Depakote. He tried to transition out of my practice to an online platform, but the doctor there won't see him after evaluating him, so he came back to me.

I'm surprised by this. Are you seeing it often with psychiatrists?
 
I think one thing to consider is most malpractice lawyers are compensated based upon the award that the plantiff gets, and their goal is to settle and make easy money- but if the case isnt strong they dont have much incentive to work for free, knowning they dont have a chance of getting anything for themselves. Another thing is, it can be hard to directly attribute outcomes to specific causes.

I do not think taking a certain set of patients will necessarily mitigate risk. Theres risk with prescribing a bunch of people stimulants. Im currently in a community health setting and have people on mood stabilizers, clozapine, high dose antipsychotics, everything you could imagine. Definitely keeps me up at night...At times its rewarding knowing i stabilized someone and they're functional and able to live a significantly better life after multiple people had failed them, but the stress is way more than I imagined it would have been.

The problem is, these sick patients come in sick often because they were mismanaged by someone else and now theyre on tons of inappropriate medications. A month ago I had someone who started seeing me, was on 12 psych medications (roughly), I have him down to 3 and hes the best hes ever been.

One issue with a lot of community psych places, and maybe psych facilities in general, is the lack of a sensible psychiatrist at the helm of leadership. Instead we have people with a MBA from university of phoenix dictating how things should operate...

What risks concern you with stimulants? As long as you avoid pts with preexisting cardiac conditions, pts with bipolar DO, HTN, or patients with substance use issues, anorexia, seizure risk - then you should be fine as long as you have the patients vital signs monitored periodically.

The biggest risk in my opinion is the DEA coming after you for diversion. I always check the PMP before i prescribe but probably should order utox screens more regularly
 
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Here's a lawyer who could only find 6 cases. There were no "collaborating" physicians not directly involved in patient care and not legally required to review charts who were named in lawsuits. She has some tips for avoiding/minimizing legal exposure if you do supervise NPs.


I’d throw that article in the trash. Prosecuting healthcare attorneys are smart enough to find the collaborating physician in my state 99% of the time. It’s like seeing a med student name. No one cares if the patient remembers them, seen them, or whatever. They aren’t getting fooled. Especially with tort reform, they will metaphorically pull in every MD that has smelled the NP in 30 days.

I’ve even successfully reported a MD supervision issue which resulted in the MD spending days in court.
 
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I’d throw that article in the trash. Prosecuting healthcare attorneys are smart enough to find the collaborating physician in my state 99% of the time. It’s like seeing a med student name. No one cares if the patient remembers them, seen them, or whatever. They aren’t getting fooled. Especially with tort reform, they will metaphorically pull in every MD that has smelled the NP in 30 days.

I’ve even successfully reported a MD supervision issue which resulted in the MD spending days in court.
What did you report the NP for?
 
What did you report the NP for?

You mean the MD? The nursing board is very lax here. I reported a MD for poor supervision. I think he managed to get out of any legit punishment with really good legal help, but it was sketchy enough that it made it to a trial situation. MD had to utilize a legal team and miss enough days of work that it probably cost as much as he earned supervising that year.
 
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What risks concern you with stimulants? As long as you avoid pts with preexisting cardiac conditions, pts with bipolar DO, HTN, or patients with substance use issues, anorexia, seizure risk - then you should be fine as long as you have the patients vital signs monitored periodically.

The biggest risk in my opinion is the DEA coming after you for diversion. I always check the PMP before i prescribe but probably should order utox screens more regularly

stimulants can test positive for amphetamines for example, so even though you may get a UDS before starting them on one, whose to say they dont go out and use a ton of meth once on the stimulant and you missed their meth use disorder?
 
Are you a cash psychiatrist? I dont think most cash psychiatrists are seeing SMI patients. It's typically the worried well.

I do have a small cash practice and I have taken on some patients who have SMI diagnoses, they almost invariably discontinue treatment, either because they are not treatment compliant or they cant afford to pay cash rates for visits. I have few but its tough because invariably I need to see them more frequently and it gets expensive with a cash rate.

I would venture to say that the SMI population is almost exclusively being treated by academic centers and CMH centers. Nothing will stand in the way of psych NPs taking over for cash pay and commercial insurance in my opinion, there is plenty of low acuity psychiatry to go around, and they will continue to eat away at this pie.

There are categories outside of SMI vs. worried well. I would say my practice is mostly fairly sick co-morbid patients with multiple issues, some with psychotic diagnoses, many with severe personality disorders. So I would say VERY few of my patients are in the worried well category.

SMI who are indigent are treated at CHMCs, you are right. But my bipolar patient for example has a good job and benefits and can handle my fees.

I'm surprised by this. Are you seeing it often with psychiatrists?
Interestingly, several other patients including one new patient and one former patient recently described their experience with online treatment with non-MDs and were not happy with their overall experience. Ironically they are doing full telemedicine with me, paying as much as 10x+ fees. So to me it's really the expertise that gives you the value. It IS really starting to look like buying a $20 bag at Walmart vs. buying a $300 bag at Nordstrum.
 
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What risks concern you with stimulants? As long as you avoid pts with preexisting cardiac conditions, pts with bipolar DO, HTN, or patients with substance use issues, anorexia, seizure risk - then you should be fine as long as you have the patients vital signs monitored periodically.

The biggest risk in my opinion is the DEA coming after you for diversion. I always check the PMP before i prescribe but probably should order utox screens more regularly
I had a pt, white collar professional prescribed adderall by me, get hospitalized with stimulant-induced psychosis. And later found out this wasn't the first time. I don't doubt the individual was "supplementing" from other sources, but it still made for a quite unpleasant experience. And given their behavior, hospitalization was actually a pretty good outcome, it could easily have been much worse.

A rare outcome I know, but still a risk.
 
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stimulants can test positive for amphetamines for example, so even though you may get a UDS before starting them on one, whose to say they dont go out and use a ton of meth once on the stimulant and you missed their meth use disorder?
I mean who's to say they don't have an arrhythmia? That's why you have follow-up. Whenever we prescribe a med there are risks. I'd say the risks of stimulants are on the level as compared to some other psychotropics that we prescribe on a pretty regular basis. Use your judgement, weigh risks and benefits, and discuss them with your patient. Beyond that, there's not much else you can do. Even in private practice, simple patients can become complex and unless you are dropping them the second that happens.
 
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stimulants can test positive for amphetamines for example, so even though you may get a UDS before starting them on one, whose to say they dont go out and use a ton of meth once on the stimulant and you missed their meth use disorder?

There are UDS that can differentiate between methamphetamines and amphetamines.
 
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I had a pt, white collar professional prescribed adderall by me, get hospitalized with stimulant-induced psychosis. And later found out this wasn't the first time. I don't doubt the individual was "supplementing" from other sources, but it still made for a quite unpleasant experience. And given their behavior, hospitalization was actually a pretty good outcome, it could easily have been much worse.

A rare outcome I know, but still a risk.

My organization treats a lot of Rxed stimulant use disorders and virtually 100% are white collar professionals, many have had psychosis (they obviously do not take them as prescribed), and many are in the medical field. It's really not that rare. I can't tell you how many patients I have seen Rxed Adderall IR 30mg TID, presumably by docs/NPs without a care in the world.
 
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My organization treats a lot of Rxed stimulant use disorders and virtually 100% are white collar professionals, many have had psychosis (they obviously do not take them as prescribed), and many are in the medical field. It's really not that rare. I can't tell you how many patients I have seen Rxed Adderall IR 30mg TID, presumably by docs/NPs without a care in the world.

I do case review of complaints made to my state medical board, and I actually reviewed a case of a patient prescribed Adderall 30 TID - after being started at 20 TID (!) - who subsequently became increasingly psychotic and ultimately assaulted someone, resulting in his arrest. Rather than contemplating the role of the stimulants in the patient's symptoms, the physician diagnosed the patient with "MDD with psychosis" and started Abilify.

Sigh...
 
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Join Physicians for Patient Protection (PPP). They have a collection of hundreds to thousands (literally) of cases of NP mismanagement, and many of those in non-FPA states include who was held liable.


Right? There are a lot of rumblings this could happen but I haven't heard of an actual case. I would think with all the focus on midlevels now if this was happening the PPP would be plastering billboards. A colleague just accepted a job supervising 4 PAs for $15,000 each which sounds low and like a bad idea to me regardless of if there are cases pending or not.

They have tried in places, but nursing lobbies are pretty powerful. Most obvious one I recall was in Texas when 2 NPs opened a hormone treatment clinic and ended up killing a couple patients. Clinic was shut down, I believe MD lost his license, I also believe there were some form of criminal charges against the NPs but cannot remember offhand. I believe the Reddit thread below is about the same story, but I'll try and find more concrete stories. I remember there were dozens of articles out after the family of a 40-something year old guy died and they hired a legal team to bring down the hammer...

 
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Right? There are a lot of rumblings this could happen but I haven't heard of an actual case. I would think with all the focus on midlevels now if this was happening the PPP would be plastering billboards. A colleague just accepted a job supervising 4 PAs for $15,000 each which sounds low and like a bad idea to me regardless of if there are cases pending or not.

Found one of the case transcripts from the above story. The NP clinic that was shut down was the Optimum Weight Control and Family Wellness clinic in Nederland. Pretty egregious malpractice, and frankly any physician willing to supervise a clinic like this is just asking to lose their license.

 
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I do case review of complaints made to my state medical board, and I actually reviewed a case of a patient prescribed Adderall 30 TID - after being started at 20 TID (!) - who subsequently became increasingly psychotic and ultimately assaulted someone, resulting in his arrest. Rather than contemplating the role of the stimulants in the patient's symptoms, the physician diagnosed the patient with "MDD with psychosis" and started Abilify.

Sigh...

That being said, as an addictionologist I've been having the opposite problem. Many of my patients have bad ADHD, and/or need higher doses of [typically long-acting] stimulants to TREAT their cocaine/meth use problems. Pharmacy now very often refuses to dispense. This causes severe underdosing in select patients, at times causing relapses.

Especially with sicker and refractory patients, NPs underdosing is also (more) common than over/inappropriate dosing. And while the former is as bad a form of malpractice (treatment delay), it's much less frequently caught. Buprenorphine underdosing is extremely common in NP-driven practices. This happens especially with co-morbid patients (i.e. NPs avoid prescribing bup for someone who uses any benzo at all--this of course dramatically increases the odds of overdose).
 
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stimulants can test positive for amphetamines for example, so even though you may get a UDS before starting them on one, whose to say they dont go out and use a ton of meth once on the stimulant and you missed their meth use disorder?
certainly possible.
That being said, as an addictionologist I've been having the opposite problem. Many of my patients have bad ADHD, and/or need higher doses of [typically long-acting] stimulants to TREAT their cocaine/meth use problems. Pharmacy now very often refuses to dispense. This causes severe underdosing in select patients, at times causing relapses.

Especially with sicker and refractory patients, NPs underdosing is also (more) common than over/inappropriate dosing. And while the former is as bad a form of malpractice (treatment delay), it's much less frequently caught. Buprenorphine underdosing is extremely common in NP-driven practices. This happens especially with co-morbid patients (i.e. NPs avoid prescribing bup for someone who uses any benzo at all--this of course dramatically increases the odds of overdose).
Is treating cocaine or methamphetamine use disorder with stimulants standard of care? That's news to me.

I'm not aware of any pharmacological treatment that actually has robust evidence of effectiveness

Appreciate any literature supporting this
 
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certainly possible.

Is treating cocaine or methamphetamine use disorder with stimulants standard of care? That's news to me.

I'm not aware of any pharmacological treatment that actually has robust evidence of effectiveness

Appreciate any literature supporting this
I believe the theory is that some of the appeal of stimulants is that the person using them has undiagnosed/untreated ADHD symptoms, leading to illicit stimulant use that, theoretically, could've been prevented by appropriate treatment of the ADHD symptoms.
 
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I believe the theory is that some of the appeal of stimulants is that the person using them has undiagnosed/untreated ADHD symptoms, leading to illicit stimulant use that, theoretically, could've been prevented by appropriate treatment of the ADHD symptoms.
Yes I understand that but I trained at a program with plenty of addiction exposure and we certainly didn't practice like this. Maybe Strattera or welbutrin but definitely would be hesitant to use a stimulant
 
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Join Physicians for Patient Protection (PPP). They have a collection of hundreds to thousands (literally) of cases of NP mismanagement, and many of those in non-FPA states include who was held liable.
Interesting, last I checked I didn't see much on that website in the way of actual cases. With with the few cases I have seen including those posted here most involved physicians who weren't actually supervising the incompetent midlevels they agreed to supervise. Its just bad all around.
 
Interesting, last I checked I didn't see much on that website in the way of actual cases. With with the few cases I have seen including those posted here most involved physicians who weren't actually supervising the incompetent midlevels they agreed to supervise. Its just bad all around.

They’ve accumulated tons at least internally. Whether they openly display them, I don’t know. They are growing politically and share with politicians.
 
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certainly possible.

Is treating cocaine or methamphetamine use disorder with stimulants standard of care? That's news to me.

I'm not aware of any pharmacological treatment that actually has robust evidence of effectiveness

Appreciate any literature supporting this

Cocaine - there's decent evidence for extended-release amphetamine for reduction of heavy use days. Other outcomes (abstinence, etc) are equivocal.
https://onlinelibrary.wiley.com/doi/full/10.1111/add.15242

Methamphetamine - best current evidence is bupropion + extended release naltrexone
and mirtazepine
https://www.sciencedirect.com/science/article/abs/pii/S0376871622000321

What i'm talking about specifically is people who have a stimulant use disorder AND meet criteria for ADHD (~60%+). In that case, you want to maximally treat the ADHD on the label, and it's very often that the ADHD treatment requires higher doses of stimulants. You can start with the non-stimulant treatment, and typically the response is no response.
Several good reviews on this topic and you can do a quick search.

This is relatively new literature and generally is not as widely disseminated in many practices/programs. My clinical experience has been that these treatments can work very well have not never had a case of prescription stimulant diversion/abuse. As a specialist in this area, I do encounter patients with prescription stimulant diversion/abuse, but the classic profile there is very different--the classic profile here is a younger adolescent with borderline/impulsivity/antisocial features. The bottom line is that commonly used long-acting stimulants just don't give you much of a high unless you have a fairly obvious personality disorder.
 
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Cocaine - there's decent evidence for extended-release amphetamine for reduction of heavy use days. Other outcomes (abstinence, etc) are equivocal.
https://onlinelibrary.wiley.com/doi/full/10.1111/add.15242

Methamphetamine - best current evidence is bupropion + extended release naltrexone
and mirtazepine
https://www.sciencedirect.com/science/article/abs/pii/S0376871622000321

What i'm talking about specifically is people who have a stimulant use disorder AND meet criteria for ADHD (~60%+). In that case, you want to maximally treat the ADHD on the label, and it's very often that the ADHD treatment requires higher doses of stimulants. You can start with the non-stimulant treatment, and typically the response is no response.
Several good reviews on this topic and you can do a quick search.

This is relatively new literature and generally is not as widely disseminated in many practices/programs. My clinical experience has been that these treatments can work very well have not never had a case of prescription stimulant diversion/abuse. As a specialist in this area, I do encounter patients with prescription stimulant diversion/abuse, but the classic profile there is very different--the classic profile here is a younger adolescent with borderline/impulsivity/antisocial features. The bottom line is that commonly used long-acting stimulants just don't give you much of a high unless you have a fairly obvious personality disorder.
We actually do treat concomitant ADHD in the MAT clinic here, sometimes with stimulants even in the setting of methamphetamine use disorder. Impulsivity with use is a big issue among those with both ADHD and addiction. There have been a couple people that ultimately abused the prescribed long-acting stimulants to the point where it was physically dangerous, and for those people, their treatments were stopped. Psychosis in the setting of use would also be a strong reason not to prescribe a stimulant.

I've tried the Wellbutrin-Naltrexone combination, and have been unimpressed. People usually relapse and don't find it that great. Hoping for something more. They are working on rTMS studies, which will hopefully be promising, but that carries its own obstacles given the frequency of treatment.

Its interesting, I actually see a lot of even physicians shy away from Suboxone scripts when any CNS depressants are onboard including muscle relaxants. Its frustrating when its clear part of the reasons for use include pain.
 
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Interesting, last I checked I didn't see much on that website in the way of actual cases. With with the few cases I have seen including those posted here most involved physicians who weren't actually supervising the incompetent midlevels they agreed to supervise. Its just bad all around.

Before they were more organized and mostly a FB group, members had access to those files. They've been much more selective with sharing a lot of info now to maintain privacy and ensure data is not being misused. I can also say that there are plenty of anecdotes shared in the FB page as well.


We actually do treat concomitant ADHD in the MAT clinic here, sometimes with stimulants even in the setting of methamphetamine use disorder. Impulsivity with use is a big issue among those with both ADHD and addiction. There have been a couple people that ultimately abused the prescribed long-acting stimulants to the point where it was physically dangerous, and for those people, their treatments were stopped. Psychosis in the setting of use would also be a strong reason not to prescribe a stimulant.

Agree, Vyvanse can be quite helpful for many of these patients and the minimal abuse potential makes it a much safer option than was previously available. I've seen plenty of patients (especially at the VA) who relapsed on meth who I believe may have been more successful in maintaining abstinence if their ADHD (specifically impulsivity) had been addressed.
 
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I mean who's to say they don't have an arrhythmia? That's why you have follow-up. Whenever we prescribe a med there are risks. I'd say the risks of stimulants are on the level as compared to some other psychotropics that we prescribe on a pretty regular basis. Use your judgement, weigh risks and benefits, and discuss them with your patient. Beyond that, there's not much else you can do. Even in private practice, simple patients can become complex and unless you are dropping them the second that happens.

I really don't understand this newer generation of psychiatrists who are scared at every corner. Just saw a young man with documented bipolar d/o now in the hospital with acute mania and the overnight resident prescribed Depakote 500 mg. I asked why and they were worried about starting too high and side effects. Had another resident tell me a few months ago that they prescribed Seroquel 300 mg for documented schizophrenia with ongoing acute psychosis who was afraid to go higher and wondered if they should switch. And then there are loads of statements on ADHD and stimulants.

I think some residency programs need to do a better job of educating their PGYs on how to prevent your own anxiety from presenting sub-par care. All medications have risks. ALL. OF. THEM. No medication is risk free. You do your exam and provide the standard of care.

You can be sued just as easily for providing sub-par care as you can for any other form of malpractice.
 
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