Elderly Left Out of New Statutory Measures to Prevent Opioid Abuse

Written by: Whit Carmon, Esq.

As of January 6, 2017, SB 319 took effect in Ohio. Signed into law by Governor John Kasich, on January 4, 2017, the bill contains two key provisions relating to outpatient prescriptions for opioid analgesics. First, the law prohibits pharmacists, pharmacy interns, or terminal distributors from dispensing opioid analgesics if more than fourteen (14) days have elapsed since the prescription was issued and the prescription is for drugs to be used on an outpatient basis. Second, the bill restricts such providers from dispensing more than a 90-day supply of these drugs, regardless of whether the prescription was issued for a greater amount.

Importantly, however, the bill does not apply to individuals who are inpatient at institutional facilities. Section 3727.01 of the Revised Code defines an “institutional facility,” which includes Convalescent homes, Developmental facilities, Long term care facilities, Nursing homes, Psychiatric facilities, Rehabilitation facilities, Developmental disability facilities, and Level III sub-acute detoxification facilities.

The law, while addressing two important weakness in the current system, neglects a serious national concern for elderly patients. These particularly vulnerable individuals, who in some cases are provided with large amounts of opioids without much oversight, are subject to a variety of dangerous practices as a result such as drug diversion, addiction, and adverse reactions for new users. The chief protection ascertained by the 14-day restriction is a reduction in old, no longer valid, prescriptions being dispensed to individuals who are no longer in need of serious pain management measures. Similarly, the 90-day restriction was created to prevent large amounts of dangerous drugs from circulating into the population.

While the law is a positive intervention as it currently stands, there is a clear need for further investigation and development of legal authority to address the over-prescription of opioids to some of America’s most susceptible groups. Legislatures must be mindful to develop policies that providers can realistically implement, but still address this grave threat to the Nation’s elderly population.