12 Alaska Admin. Code § 44.445

Current through September 25, 2024
Section 12 AAC 44.445 - Controlled substance prescriptive and dispensing authority
(a) In addition to legend drug prescriptive and dispensing authority under 12 AAC 44.440, the board may authorize an advanced practice registered nurse OR (APRN) to prescribe and dispense schedule II - V controlled substances in accordance with applicable state and federal laws if an applicant
(1) submits a completed application on a form provided by the department; the completed application must include the applicant's
(A) name, address, and phone number;
(B) license number as an APRN;
(C) date of birth;
(D) repealed 12/27/2012; and
(E) signature certifying that the information in the application is correct to the best of the applicant's knowledge;
(2) repealed 12/27/2012; and
(3) pays the application fee established by 12 AAC 02.280.
(b) All the provisions of 12 AAC 44.440 apply to an APRN with controlled substance prescriptive authority under this section.
(c) Written, verbal, or electronic controlled substance prescriptions and orders must comply with all applicable state and federal laws.
(d) An advanced practice registered nurse with controlled substance prescriptive and dispensing authority must register with the controlled substance prescription database under AS 17.30.200(o).
(e) An advanced practice registered nurse with authority to prescribe controlled substance may only delegate to a registered nurse or licensed practical nurse to access the database on practitioner's behalf.
(f) When prescribing a drug that is a controlled substance, as defined in AS 11. 71.900, the APRN shall create and maintain a complete, clear, and legible written record of care that includes
(1) a patient history and evaluation sufficient to support a diagnosis;
(2) a diagnosis and treatment plan for the diagnosis;
(3) a plan for monitoring the patient for side effects of the drug and results of the drug;
(4) a record of each drug prescribed, administered, or dispensed, including the type of drug, dose, and any authorized refills.
(g) The APRN shall check the controlled substance prescription databa se established under AS 17.30.200 before a controlled substance designated schedule II or III under federal law is initially dispensed, prescribed, or administered to a patient least once every 30 days for up to 90 days, and at least once every three months if a course of treatment continue for more than 90 days. This subsection does not apply if
(1) the patient is currently receiving treatment in a licensed health care facility and that prescription is non-refillable;
(2) the patient is currently receiving treatment in the emergency room in a licensed health care facility and that prescription is non-refillable;
(3) the controlled substance is dispenced or prescribed to a patient immediately before, during, or within the first 48 hours of undergoing a medical or surgical procedure in a licensed health care facility, and that prescription is non-refillable;
(4) the controlled substance is dispensed or prescribed to a patient currently receiving care in hospice;
(5) the quantity of the controlled substance prescribed does not exceed an amount that is adequate for a single three-day treatment period, the prescription does not allow a refill, and no subsequent prescriptions are written for or dispensed for the next 15 days; or.
(6) the controlled substance prescription database is not operational to a temporary technological or electrical failure or natural disaster.
(h) A licensee treating a patient with a prescription for a controlled substance that was initially written at least 90 days before May 16, 2018 shall check the controlled substance prescription database established under AS 17.30.200 at least once every three months for the duration of the prescription.
(i) An applicant who holds a valid federal Drug Enforcement Administration registration number. shall provide verification that the applicant has
(A) completed no less than two hours of education in pain management and opioid use and addiction within the two-year period immediatel before the date of application: and
(B) registered with the prescription drug monitoring program (PDMP) controlled substance prescription database under AS 17.30.200 and AS 12 AAC 53.955
(j) In addition to the requirements of this section, when prescribing a controlled substance, an APRN with prescriptive authority shall comply with the maximum dosage for opioid prescriptions under AS 08.68.705. The maximum daily dosage for a patient initial opioid prescription under AS 08.68.705(a) may not exceed 50 morphine milligram equivalents (MME).

12 AAC 44.445

Eff. 11/17/87, Register 104; am 4/9/94, Register 130; am 4/27/97, Register 142; am 5/29/2005, Register 174; am 10/3/2011, Register 200; am 12/27/2012; am 5/16/2018,Register 226, July 2018; am 8/8/2018, Register 227, October 2018; am 1/19/2022, Register 241, April 2022

Authority:AS 08.68.100

AS 08.68.850