844 IAC 2.2-3-3 Triggers for imposition of requirements; exemptions

Sec. 3. (a) This section and sections 4 through 9 of this rule establish requirements concerning the use of opioids for chronic pain management for patients. (b) Notwithstanding subsection (a), this section and sections 4 through 9 of this rule do not apply to the use of opioids for chronic pain management for the following: (1) Patients with a terminal condition. (2) Residents of a health facility licensed under IC 16-28. (3) Patients enrolled in a hospice program licensed under IC 16-25. (4) Patients enrolled in an inpatient or outpatient palliative care program of a hospital licensed under IC 16-21, or a hospice licensed under IC 16-25. However, a period that a patient who was, but is no longer, a resident or patient as described in subdivisions (2) through (4) shall be included in the calculations under subsection (c). (c) The requirements in the sections identified in subsection (a) only apply if a patient has been prescribed: (1) more than sixty (60) opioid-containing pills a month for more than three (3) consecutive months; (2) a morphine equivalent dose of more than fifteen (15) milligrams per day for more than three (3) consecutive months; (3) a transdermal opioid patch for more than three (3) consecutive months; (4) tramadol, but only if the patient's tramadol dose reaches a morphine equivalent dose of more than sixty (60) milligrams per day for more than three (3) consecutive months; or (5) an extended release opioid medication that is not in an abuse deterrent form for which an FDA-approved abuse deterrent form is available. Subdivisions (1) and (2) do not apply to the controlled substances addressed by subdivisions (3) through (5). (d) Because the requirements in the sections identified in subsection (a) do not apply until the time stated in subsection (c), the initial evaluation of the patient for purposes of sections 4, 7, and 8(a) of this rule is not required to take place until that time. (e) Notwithstanding subsection (d), the physician assistant may undertake those actions earlier than required if the physician assistant [sic] it medically appropriate and, if those actions meet the requirements, a further initial evaluation is not required. If the physician assistant conducts actions earlier than required under this subsection, any subsequent requirements are determined by when the initial evaluation would have been required and not at the earlier date it actually was conducted.