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A patient on Suboxone, prescribed by a Pain Management Specialist with a Buprenorphine Waiver, who doesnt fall into the normal box and has a complex medical history, meaning quitting all other substances with dependency potential is not an option, has landed in a difficult situation.
The MD was prescribing Suboxone and Percocet (Yes I know, that is counterintuitive, but that's not the focus of this question). Other MDs have been prescribing Phenobarbital, Fiorocet, Lunesta, Diastat, all MDs fully aware of each other's prescriptions, and the patient has been compliant, demonstrated by PDMPs and UAs.
The MD very unfortunately had an accident, rendering him unable to come into the office. The patient was referred to a psychiatrist who agreed to cover his Suboxone patients, but because of the other prescriptions, refused to prescribe the Suboxone, which of course is totally understandable. The patient was and is willing to cease taking the Percocet and deal with more pain, to prevent the specific objection of Suboxone and Percocet together, and to hand the MD the bottle, but understandably, the psychiatrist was still uncomfortable and wouldn't prescribe and told him to call the office of his Pain Management doctor for advice.
The patient has legitimate severe chronic pain, epilepsy, intractable insomnia and migraines unresponsive to other therapies, has worked hard in counselling, has massively improved and very stable. The MD with the waiver agreed, if he came in and saw a partner (Who doesn't have a buprenorphine waiver) and UA'd appropriate and had appropriate PDMPs, to write prescriptions for his Suboxone, then have his partner come to his house and pick them up, and give them to the patient. His partner wrote the Percocet prescriptions with the other physician's knowledge.
The patient received the Suboxone scripts for 2 months, and they were filled (i.e. a total of a 60 day supply, two 30 day supplies.).
Just to qualify, these prescriptions were hand written on each occassion.
The MD with the buprenorphine waiver, has said he can't do it any more because its not legal. As far as I am aware, as Suboxone is a CIII, there is nothing preventing him from continuing to do this five times in a 180 day period, or even just calling in refills on his last prescription for the next 120 days once a month so long as he doesn't exceed five fills in 180 days, and is taking precautions to ensure compliance.
Can someone help me out on clarifying whether it is legal for the MD to continue either hand writing the scripts, or refilling his last one? The state is Colorado, if it makes a difference. I think its very unlikely that the patient is going to find another MD with a buprenorphine waiver willing to prescribe with the other medications. I naturally can't do anything about whether the MD prescribes, but I am getting the impression he wants to help, and may help if he was reassured regarding the law, if I am correct.
Thanks,
Dr K
The MD was prescribing Suboxone and Percocet (Yes I know, that is counterintuitive, but that's not the focus of this question). Other MDs have been prescribing Phenobarbital, Fiorocet, Lunesta, Diastat, all MDs fully aware of each other's prescriptions, and the patient has been compliant, demonstrated by PDMPs and UAs.
The MD very unfortunately had an accident, rendering him unable to come into the office. The patient was referred to a psychiatrist who agreed to cover his Suboxone patients, but because of the other prescriptions, refused to prescribe the Suboxone, which of course is totally understandable. The patient was and is willing to cease taking the Percocet and deal with more pain, to prevent the specific objection of Suboxone and Percocet together, and to hand the MD the bottle, but understandably, the psychiatrist was still uncomfortable and wouldn't prescribe and told him to call the office of his Pain Management doctor for advice.
The patient has legitimate severe chronic pain, epilepsy, intractable insomnia and migraines unresponsive to other therapies, has worked hard in counselling, has massively improved and very stable. The MD with the waiver agreed, if he came in and saw a partner (Who doesn't have a buprenorphine waiver) and UA'd appropriate and had appropriate PDMPs, to write prescriptions for his Suboxone, then have his partner come to his house and pick them up, and give them to the patient. His partner wrote the Percocet prescriptions with the other physician's knowledge.
The patient received the Suboxone scripts for 2 months, and they were filled (i.e. a total of a 60 day supply, two 30 day supplies.).
Just to qualify, these prescriptions were hand written on each occassion.
The MD with the buprenorphine waiver, has said he can't do it any more because its not legal. As far as I am aware, as Suboxone is a CIII, there is nothing preventing him from continuing to do this five times in a 180 day period, or even just calling in refills on his last prescription for the next 120 days once a month so long as he doesn't exceed five fills in 180 days, and is taking precautions to ensure compliance.
Can someone help me out on clarifying whether it is legal for the MD to continue either hand writing the scripts, or refilling his last one? The state is Colorado, if it makes a difference. I think its very unlikely that the patient is going to find another MD with a buprenorphine waiver willing to prescribe with the other medications. I naturally can't do anything about whether the MD prescribes, but I am getting the impression he wants to help, and may help if he was reassured regarding the law, if I am correct.
Thanks,
Dr K
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