February 23, 2005
Docket No. DEA-261
Deputy Administrator
Attention DEA Federal Register Representative/CCD
Drug Enforcement Administration
Washington, DC 20537
Dear Deputy Administrator,
Thank you for the opportunity to comment about the areas of law relating to dispensing of controlled substances for the treatment of pain. We would like the DEA to address the following in the Federal Register.
In general, Pima County Medical Society would like the DEA to re-commit itself honestly and openly to working with medical professionals in the pain management field. As part of the cooperation we hope that one goal for this working group will be to create clear policies (similar to those developed in 34 states) to address physician concerns about undue regulatory and legal scrutiny. In return, we commit ourselves to educate the physicians of Southern Arizona about those policies as soon as they are published.
The intersection between law and medicine scares physicians in the same manner that left turns scare some drivers. Both groups either find another route or forego the trip entirely. Physicians, however, need to enter that scary intersection with a clear roadmap to avoid collisions with the law or regulation.
One American in six lives with chronic pain. Controlled substances are often the only solution. In our region we only have 16 physicians holding themselves out as pain specialists to serve a population nearing one million. Obviously, we need primary care physicians to do the bulk of pain control. They are reluctant to put their licenses and practices at risk to meet the burgeoning demand for pain relief. They need education in pain practice, based on clear information, and an assurance that caring for pain patients to the best of their best judgment will not land them in either a regulatory or legal mire.
More specifically, we would like the DEA to reevaluate its position on FAQ misstatements contained in the November 16, 2004 Federal Register. DEA has received comments, letters and phone calls about “Commencement of Investigations,” “Refills,” and “Reselling of Controlled Substances.” We would accept a commitment to reevaluate the November 16 stance within the working group outlined above.
Pima County Medical Society was founded in 1904. We represent more than 1,000 active, retired and resident physicians and medical students in the Tucson area.
Thanks for this opportunity to comment.
Sincerely,
David R. Siegel, MD
PCMS President
