Georgia Medical Board Guidelines for the Use of Opioids for the Treatment of Pain

Written by: Jeffery Saxby, Esq.

On an average day in this nation, more than 650,000 opioid prescriptions are dispensed,¹⁾  3,900 people initiate non-medical use of prescription opioids,²⁾  580 people initiate heroin use,³⁾  and 78 people die from an opioid-related overdose.⁴⁾   Included in the opioid-related overdoses are those arising from the use of prescription opioids and illegal opioids such as heroin. On an annual basis, the opioid epidemic costs the nation $55,000,000,000 in health and social costs⁵⁾  and $20,000,000,000 in emergency department and inpatient costs.⁶⁾

In order to quell this epidemic, governmental agencies began publishing guidelines to assist medical facilities and physicians by identifying appropriate steps to take in conjunction with prescribing opiates for pain management.  While diagnosis and treatment of the pain associated with acute and chronic disease must be determined by a physician based on the parameters of individual cases, there are certain guidelines and best practices one can adhere to in an effort to avoid the health and social costs associated with opioid addiction.

In line with the foregoing objectives, the Georgia Composite Board of Medical Examiners (the physician licensing agency in Georgia) has identified specific guidelines to which physicians and medical facilities should adhere in conjunction with prescribing opioids.  While adherence to such guidelines will not guarantee that there will be no adverse ramification associated with the long-term use of opioids for pain management, agencies often look for the institution of and adherence to such guidelines when distinguish between legitimate medical practice from foul play.

From a records keeping standpoint, the Board of Medical Examiners expects that physicians will show the following evaluation of patients:

• Proper indication for the use of drug or other therapy

• Monitoring of the patient where necessary

• The patient’s response to therapy on follow-up visits

• All rationale for continuing or modifying the therapy

• Discussion of risks/benefits

• Periodic medical record review

• Prescription records

The Board of Medical Examiners has published detailed guidelines which can be found at: http://medicalboard.georgia.gov/sites/medicalboard.georgia.gov/files/Pain%20Findings%20Fact%20Sheet%28v13%29.pdf. To be used in conjunction with prescribing opiates and other controlled substances.  The foregoing procedures should be adhered to as guiding principles or best practices (regardless of where a physician may practice) to ensure patient safety and to guard against assertions of physician malpractice and medical facility liability.

The Takeaway and The HBS Opioid Defense Task Force

At Hall Booth Smith, PC, we recognize the unique threats posed by the opioid epidemic, and we are prepared to help healthcare providers deter and defend against opioid-related malpractice claims. As the foregoing principles and guidelines show, of paramount importance to physicians and medical facilities who prescribe opioids is the need to have effective standards and procedures in place regarding a patient’s medical history, evaluation of the need for specific medications, the amounts of medications prescribed, and patient monitoring.  Once again, the establishment of effective and adhered to practices serve to both protect patient safety and help in the defense of physicians and medical facilities when a patient suffers a bad outcome related to use of opioids.

Don’t wait until you are sued to evaluate your opioid practices and procedures. Instead, contact a member of our task force so that we can work together to ensure that your practice is well-positioned to defend these types of claims.