Controlled Substances

(1) Dentists registered to dispense, administer and prescribe any controlled substances shall do so in accordance with M.G.L. c. 94C and 105 CMR 700.00: Implementation of M.G.L. c. 94C and all applicable state and federal statutes and regulations pertaining to controlled substances. (2) Dentists are limited to writing prescriptions for controlled substances for legitimate dental purposes in the usual course of practice and are prohibited from prescribing controlled sub­ stances in Schedules II through IV for personal use. (3) Except in an emergency, a dentist is prohibited from prescribing Schedule II controlled substances to a member of his or her immediate family including a spouse (or equivalent), parent, child, sibling, parent-in-law, son or daughter-in-law, brother or sister-in-law, step-parent, step-child, step-sibling, or other relative permanently residing in the same residence as the licensee. (4) Prior to prescribing a hydrocodone-only extended release medication that is not in an abuse deterrent form, a licensee must: (a) Thoroughly assess the patient, including an evaluation of the patient's risk factors, substance abuse history, presenting condition(s), current medication(s), a determination that other pain management treatments are inadequate, and a check of the patient's data through the online Prescription Monitoring Program; (b) Discuss the risks and benefits of the medication with the patient; (c) Enter into a Pain Management Treatment Agreement with the patient that shall appropriately address drug screening, pill counts, safe storage and disposal and other requirements based on the patient's diagnoses, treatment plan, and risk assessment unless a Pain Management Treatment Agreement is not clinically indicated due to the severity of the patient's medical condition; (d) Supply a Letter of Medical Necessity as required by the Board of Registration in Pharmacy pursuant to 247 CMR 9.04(8)(c); and (e) Document 234 CMR 5.06(4)(a) through (d) in the patient's medical record. The purpose of 234 CMR 5.06(4) is to enhance the public health and welfare by promoting optimum therapeutic outcomes, avoiding patient injury and eliminating medication errors. Nothing in 234 CMR 5.06(4) shall alter the standard of care a licensee must use when prescribing any Schedule II, III or IV controlled substance.