3. Legal Aspects Affecting the Administration of Medications

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Legal Aspects Affecting the Administration of Medications

Objectives

Key Terms

controlled substances (kŏn-TRŌLD SŬB-stăn-sĕz, p. 17)

delegation (dĕl-ĕ-GĀ-shŭn, p. 21)

engineering controls (ĕn-jĭn-ĒR-ĭng, p. 29)

legal responsibility (LĒ-gŭl, p. 21)

nurse practice act (p. 21)

over-the-counter (OTC) medications (mĕd-ĭ-KĀ-shŭnz, p. 17)

physical dependence (FĬZ-ĭ-kăl, p. 18)

prescription, or legend, drugs (prĭ-SKRĬP-shŭn, p. 17)

problem-oriented medical record (POMR) (p. 23)

professional responsibility (p. 21)

psychologic dependence (sĭ-kō-LŎJ-ĭk, p. 18)

scheduled drugs (SKĔD-jūld, p. 17)

Pharmacology and Regulations

image  http://evolve.elsevier.com/Edmunds/LPN/

Nurses who give medications have three levels of rules they must follow:

Federal Laws

Laws passed by Congress try to make medications as safe as possible for patients to take and to make sure that the drug does what it claims to do (effectiveness). Congress created the Food and Drug Administration (FDA) to monitor or watch the testing, approval, and marketing of new drugs. These regulations are very strict and so U.S. drugs are some of the most pure and protected drugs in the world. Many laws have been passed to control drugs that might easily be abused and are dangerous. Table 3-1 lists some of the major federal drug laws that have been passed.

Table 3-1

Summary of Major Federal Drug Legislation

TITLE OF LEGISLATION YEAR DESCRIPTION OF LEGISLATION
Harrison Narcotic Act 1914 Limited the indiscriminate use of addictive drugs. Regulated the importation, manufacture, sale, and use of opium, cocaine, and their compounds and derivatives. Amended many times and finally repealed and replaced by the Controlled Substances Act in 1970.
Federal Food, Drug, and Cosmetic Act 1938 Authorized the Food and Drug Administration of the Department of Health and Human Services to determine the safety of drugs before marketing, to determine labeling specifications, and to ensure that advertising claims are met.
Durham-Humphrey Amendment 1951 Restricts the number of prescriptions that can be refilled.
Kefauver-Harris Amendments 1962 Provides greater control and surveillance of clinical testing and distribution of investigational drugs. A product must be proven to be both safe and effective before it may be released for sale.
Comprehensive Drug Abuse Prevention and Control Act (Controlled Substances Act) 1970 Composite law that repealed almost 50 other laws. Designed to improve the administration and regulation of manufacturing, distributing, and dispensing of controlled drugs. The Drug Enforcement Administration was created to enforce the Controlled Substances Act, gather intelligence, train investigators, and conduct research on potentially dangerous drugs and drug abuse.
Needlestick Safety and Prevention Act 2001 Requires hospitals to have programs to prevent needlestick injuries, document them when they occur, and purchase safe equipment regardless of cost.

Federal laws created three drug categories in the United States:

Controlled Substances

Most regulations are written for controlled substances, because they are often abused both by patients and people using them illegally. After the Controlled Substances Act of 1970 classed these medications into five “schedules,” they became known as scheduled drugs. The degree of control, the record keeping required, the order forms, and other regulations are different for each of these five classes. Table 3-2 describes the five drug schedules, with examples of medications in each category. Sometimes the drugs are moved from one class to another if it becomes clear they are being abused.

image Clinical Goldmine

Dependence

Physical dependence refers to the physiologic need for a medication to relieve shaking, pain, or other symptoms. Psychologic dependence, on the other hand, refers to anxiety, stress, or tension that is felt if the patient does not have the medication. One type of dependency often leads to the other; they are often found together in the same individual.

Table 3-2

Controlled Substance Schedule

SCHEDULE POTENTIAL FOR ABUSE COMMENTS AND EXAMPLES
I High No currently accepted medical use in the United States. Lack of accepted safety for use under medical supervision.
    Examples: hashish, heroin, lysergic acid diethylamide, marijuana, peyote, 2,5-demethoxy-4-methamphetamine.
II High Abuse potential that may lead to severe psychologic or physical dependence.
    Examples: amphetamines, meperidine, methadone, methaqualone, morphine, pentobarbital, oxycodone (Percocet), secobarbital.
III High, but less than I or II Abuse potential that may lead to moderate or low physical dependence or high psychologic dependence.
    Examples: glutethimide, aspirin with codeine (Empirin with codeine), aspirin with butalbital and caffeine (Fiorinal), methyprylon, paregoric, acetaminophen with codeine (Tylenol with codeine).
IV Low compared with III Abuse potential that may lead to limited physical or psychologic dependence.
    Examples: lorazepam (Ativan), diazepam (Valium).
V Low compared with IV Abuse potential that may lead to limited physical or psychologic dependence.
    Examples: diphenoxylate with atropine sulfate (Lomotil), guaifenesin with codeine sulfate antitussives.

Federal and state laws make it a crime for anyone to have controlled substances without a prescription. Each state has a practice act that lists which health care providers may dispense or write prescriptions for controlled substances. Pharmacists usually dispense the medications; physicians, dentists, osteopaths, nurse practitioners, physician assistants, and sometimes nurse midwives may write prescriptions. Licensed practical nurses (LPNs) or licensed vocational nurses (LVNs) may give controlled substances to a patient only under the direction of a health care provider who is licensed to administer or prescribe these drugs. Mediation aides or technicians are also used by some hospitals to administer drugs. Student nurses work under the delegated authority of the registered nurse (RN). The RN is responsible for any errors that might be made by these individuals.

Nurses may not have controlled substances in their possession unless one of the following conditions is met:

LPNs/LVNs work in some of the most sophisticated areas of medicine with high technology as well as some of the least sophisticated areas where they may be the health care worker with the most training and relatively no technology available. They must be prepared to practice within this large range of settings. Each state and health care agency has rules that cover the ordering, receiving, storing, and record keeping of controlled substances. Narcotics are a scheduled drug and they must all be counted every shift. Records must be kept for every dose administered. Agency policy will decide which nurses will be held responsible for handing over the control of these medications from one shift to the next and for how medications will be counted and checked. All controlled substances ordered for a patient but not used during their hospital stay go back to the pharmacy when the patient is discharged.

Nurses may not borrow medicine ordered for one patient to use for another patient or for themselves. In a time when drug abuse is so common, the nurse who has responsibility for the controlled substances must remain alert. Abuse is not limited to patients. Some health care professionals may not be able to resist such a large supply of medication and will seek to hide their theft of a patient’s medication. Things that should arouse suspicion might include a pattern in which medication is frequently “dropped” or “spilled” or records that show a patient got large or frequent doses of medications on certain shifts but the patient reports no pain relief. In these cases, perhaps the patients are not really getting their medication.

image Memory Jogger

Federal Regulations

The nurse must know the federal, state, and agency rules about giving medications.

The rules that govern controlled substances are very clear and very strict. Breaking the rules is very serious. If it is found that the nurse has violated the Controlled Substance laws, the nurse may be punished by a fine, a prison sentence, or both. Nurses with proven drug abuse problems will lose their license to practice and may have a hard time getting it back. Nurses who do not report their suspicion that other nurses may be breaking the rules risk their own jobs. In most states, the state nursing association has a program to help nurses who have drug abuse or other problems that affect their ability to carry out their nursing duties.

Prescription, or Legend, Drugs

The FDA has decided that many drugs are dangerous and their use must be carefully controlled. Access to these drugs is provided by a few health care professionals (physicians, dentists, and nurse practitioners). This control is through a written prescription or order that must be written before the drug may be given. Prescription drugs make up most of the medications the nurse gives to patients in a hospital. Prescription drugs are carefully tested before they are put on the market. The drugs have been shown to be safe and effective. However, even though much may be known about a particular medication, each patient is different and may have a somewhat different reaction to the drug. Pediatric patients, older adult patients, and critically ill patients may be weak and more likely to have problems taking a drug. The nurse must be alert and watch for signs that the drug is working the way it should, as well as for adverse reactions that may develop. Because the patient often gets several drugs at the same time, the interaction among the drugs may make it hard to tell how each drug affects the patient. Although a lot of research about drugs has been done, many drugs are not FDA approved as safe and effective for children or pregnant women. Geriatric patients are at high risk for problems with prescriptions drugs, because they may not take the drug properly because of poor eyesight, memory, or coordination; they may take many drugs that interact with each other; or they may have chronic diseases that interfere with how the drug works.

The Omnibus Budget Reconciliation Acts of 1989, 1990, and 1991 placed further controls on drugs for Medicare or older patients. More and more, insurance or government groups who pay for drugs limit the types and numbers of drugs that may be ordered to those on a preferred drug list. The preferred drug list may require the use of cheaper generic drugs to control costs because new or brand-name drugs usually cost more.

Over-the-Counter Medications

The FDA has also found that many drugs are quite safe and do not need a prescription. These drugs may easily be purchased at a drugstore or pharmacy. These drugs often come in a low dosage, and they have low risk for abuse. Warning labels and special information supplied with these drugs make them safe for the average buyer. They are used to treat many common human illnesses: colds, allergies, headaches, burns, constipation, upset stomach, and so on. These drugs are often the first thing patients try before they go to the doctor. Although OTC medications are widely available, they are not without risk. Like all drugs, some may produce adverse effects in some patients. They may also have “hidden” chemicals such as caffeine or stimulants that may produce problems if taken with other drugs. Confusion by parents over the correct dosage of common cold preparations led to many accidental overdoses in children, so these drugs have been removed from the market. Other cold products that contain dextromethorphan and might be abused are now stored behind the pharmacy counter. Talking to patients about the use of OTC medications is very important for patients who are already taking many prescription drugs. New federal laws for labeling of these products will make more information available about the drug and make it easier for the patient to understand.

OTC drugs are also given in the hospital for minor problems patients may have. Although these medications do not require a prescription for purchase, a physician’s order is required before they may be given in the hospital. In fact, without an order, hospitalized patients cannot take even their own OTC medicines brought along to the hospital. This policy is necessary for safety reasons. If patients could take their own medicines in addition to those medicines given by hospital staff, it could result in an overdose of medicine.

In recent years, many people have become interested in herbal products. Research shows that most people will try an herbal product at some time in their lives. Health food stores, grocery stores, and pharmacies all carry some of these products. Some people take these herbal products instead of their prescription drugs, and some use them along with their prescription drugs. Although research may someday find that these products are safe and effective, at present these herbal products are not regulated, standardized, or tested for safety and effectiveness. Because the federal government considers herbal products to be nutritional supplements rather than drugs, there are no regulations to control how they are made. There is no way to know if one leaf that is ground up and made into a pill will work the same as another leaf that is ground up. Also, the nurse cannot easily tell how much of the herbal product is in each pill, or even if each pill in a bottle contains the same amount of the product. Because research on these products is only beginning, little is known about side effects, and it is hard to tell if some of them actually have the intended effect. Finally, adverse effects may occur when a patient takes herbal products and prescription drugs at the same time.

Because of the high cost of drugs in the United States, some patients try to buy drugs from other countries where they both cost less and are easier to buy—usually in Mexico or Canada. Although low-cost drugs can be good for patients, in some cases there is a risk the drugs may not be pure, may not be the drugs patients believe they are buying, or may even be dangerous. Drugs that originate in China or India often look like real drugs but may be fake. It is hard to know if the drugs sold in other countries or over the Internet are real. At this time, buying drugs in other countries and bringing them into the United States is not legal. The FDA is opposed to patients being able to get drugs that cannot be proven to meet high U.S. standards.

Because U.S. drug companies often sell their drugs to other countries at a cheaper rate than in the United States, there is growing interest by many groups in buying some of these drugs, particularly from Canada. Many nurses and patients in Canada or along the U.S.-Canadian border must deal with Canadian drug regulations and classifications that are different from those in the United States; some specific information is provided in the next section.

Canadian Drug Legislation

The Canadian Health Protection Branch of the Department of National Health and Welfare is like our FDA of the U.S. Department of Health and Human Services. This branch is responsible for the administration and enforcement of federal legislation such as the Food and Drugs Act, the Proprietary or Patent Medicine Act, and the Controlled Drugs and Substances Act. These acts, together with provincial acts and regulations that cover the sale of poisons and drugs and those that cover the health care professions, are designed to protect the Canadian consumer from health hazards; misleading ads about drugs, cosmetics, and devices; and impure food and drugs. The Canadian Food and Drugs Act divides drugs into various categories. Regulations covering the various categories or schedules of drugs differ from those in the United States. There are three major classes of drugs under the Food and Drugs Act: nonprescription drugs, prescription drugs, and restricted drugs.

The laws within the Canadian Food and Drugs Act allow the government to withdraw from the market drugs found to be toxic. New drugs put on the market must be shown in human clinical studies to be effective and safe to the satisfaction of the manufacturer and the government.*

The Proprietary or Patent Medicine Act provides for a class of products that may be sold to the general public by anyone. The drug formula is not found in the official drug manuals or printed on the label. The formulas for all such proprietary (trade secret) nonpharmacologic drugs must be registered and have a license under the Proprietary or Patent Medicine Act. The nurse needs to be aware of this act in the case of possible drug interactions.

The Canadian Controlled Drugs and Substances Act covers the possession, sale, manufacture, production, and distribution of narcotics in Canada. Only authorized persons may have narcotics in their possession. All persons authorized to be in possession of a narcotic must keep a record of the names and quantities of all narcotics dispensed, and they must ensure the safekeeping of all narcotics. The law covering this act is enforced by the Royal Canadian Mounted Police. Nurses are in violation of this act if they are guilty of illegal possession of narcotics.

OTC drugs are regulated in Canada by the Canadian Food and Drugs Act. These drugs can be purchased without a prescription, but there are rules about the package, label, and dispensing of the drug. The nurse needs to be aware of the risks these medications have and watch for possible adverse effects and interactions with other drugs. OTC drugs available in Canada differ from those available in the United States.

State Law and Health Care Agency Policies

Although many regulations about giving medications come from federal laws, the details about who may give medications are set by each state. This authority is spelled out for nurses in the nurse practice act of each state, which describes who can be called a nurse and what they can and cannot do. These rules vary from state to state and have changed over the years to reflect the increased responsibility many nurses have for giving medications. The authority to administer medications is clearly specified for LPNs/LVNs, RNs, and nurse practitioners in the state nurse practice act. Giving medicines is a task reserved for those nurses who are named by law to administer medications and who can document their educational preparation to do so. These nurses must also show they are willing to accept professional responsibility for administering drugs correctly, ethically, and to the best of their ability. This means they also accept legal responsibility for good judgment and their actions while doing these professional tasks.