The following is a letter sent to William L. Harp, MD, Executive Director ,Virginia Board of Medicine
CC: Patrice Harris, MD, President, AMA, Barbara L McAneny, MD, Past President, AMA, Andrea Trescot, MD, Past President, American Society of Interventional Pain Physicians, Chad Kollas, MD, Vanilla Singh, MD, formerly Chair of the HHS Pain Management Task Force, Sean Mackey, MD, Stanford University, Lynn Webster, MD, Past President, American Academy for Pain Medicine, Seema Verma, Administrator, HHS/ Centers for Medicare and Medicaid Services, Nora Volkow, MD, Director, National Institutes on Drug Abuse, Staff of the American Academy of Family Practitioners
BCC:
~400 medical professionals, journalists, and knowledgeable patient advocates networked in the Alliance for the Treatment of Intractable Pain
Dear Dr Harp
Thanks for the courtesy of a response to my [earlier] correspondence. As you suggest, I have reviewed the Board Briefs linked from your letter. In that document, I find the following, to which I wish to respond substantively and immediately to the Board:
TO TAPER, OR NOT TO TAPER?
A number of pain management patients have contacted the Board of Medicine to ask what can be done about their practitioner reducing their dose of opioid analgesic. Usually the story is that the patient has been on a stable dose for months or years, experienced adequate pain control, was able to function, and demonstrated no signs of abuse. The practitioner tells the patient that the dose must be decreased to meet certain guidelines from regulatory agencies. The patient has little choice but to accept the reduction. Invariably, a rapid reduction leads to a significant increase in pain. Despite appeals to the practitioner, the opioids stay at the reduced level and may be further reduced. Patients sometimes believe the Board of Medicine has established draconian regulations for pain management that are hurting patients in Virginia. If they are not familiar with the Board’s regulations, they contact the Board.
Board staff’s first response to such inquiries from patients is to let them know that the regulations are reasonable and provide practitioners great latitude in treatment. The regulations do not have ceiling doses for opioids and do not require reductions to levels that are ineffective for the patient’s pain. The second response is to encourage the patient to have an informed discussion with the practitioner. Board staff has been at medical meetings where a significant percentage of practitioners indicate they have not read the opioid regulations, despite them having appeared in the Board Briefs five times since March of 2017. To aid the discussion with the practitioner, Board staff will send the regulations to the patient. Then they are able to carry the regulations to the next visit and discuss their treatment plan with the practitioner. This may be well-received by the practitioner, or it may not.
If not, the decision, by the patient or mutually, may be that a new practitioner is needed. The Board’s response to questions about finding follow-up practitioners is to teach patients how to use the Advanced Search option on the Doctors’ Profile System to search for pain management practitioners in their area.
BOTTOM LINE
If the clinical decision is to reduce the amount of opioid, the tapering should be done safely and competently. The Board recommends the Stanford Course on tapering by Anna Lembke, MD; it is an excellent guideline for tapering opioids safely with as little discomfort and risk to the patient as possible
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Please transmit the following to every member of your Board, and be aware that it will shortly be released and promoted widely in Social Media:
(1) If based upon or referenced to the 2016 CDC guidelines on opioid prescribing, then Virginia regulations cannot possibly be "reasonable." It is now widely understood by both patients and medical professionals, that the CDC consultants group cherry-picked medical research, specifically to find reasons to restrict therapy employing opioid analgesics. This was substantially a political not medical agenda. There were no Board Certified physicians in the consultant writers group who had ever managed patients in community practice. Proceedings were instead dominated by addiction treatment specialists, influenced improperly by Physicians for Reasonable Opioid Prescription (PROP), led by Dr Andrew Kolodny and Dr Jayne Ballantyne.
See (among many other papers)
https://medium.com/@stmartin/neat-plausible-and-generally-wrong-a-response-to-the-cdc-recommendations-for-chronic-opioid-use-5c9d9d319f71#.wzchd1kkl
Neat, Plausible, and Generally Wrong: A Response to the CDC Recommendations for Chronic Opioid Use - Medium
(2) The resulting CDC document made strong recommendations on the basis of vague, weak, or unsupported evidence and biased opinion; it conflated a general lack of long-term trials with a lack of effectiveness for opioid analgesics. It was silent on the effects of genetic polymorphism in the inherently wide range of minimum effective opioid dose levels. Moreover, several practitioners who contributed to writing or peer review have since publicly repudiated the results.
https://academic.oup.com/painmedicine/article/19/4/793/3583229
(3) The AMA (in Resolution 235 of its November 2018 House of Delegates meeting, and again in Board of Directors Report 22, June 2019 ), the American Academy of Family Practitioners, and other professional organizations representing over half of US practitioners have repudiated the dose thresholds proposed by the CDC guidelines as a basis for risk and benefit review (NOT as mandatory guidance on maximum dose, as acknowledged by public CDC "clarifications" in April 2019).
https://www.painnewsnetwork.org/stories/2018/11/14/ama-calls-for-misapplication-of-cdc-opioid-guideline-to-end
(4) As noted in my original correspondence, it is now well established that rates of opioid prescribing by physicians are completely unrelated to rates of either substance abuse disorder or overdose-related mortality. "Over-prescribing" as a presumed source of our so-called "opioid crisis" is nothing more than an unsupported mythology. The evidence for this insight is reviewed here:
http://www.lynnwebstermd.com/over-prescribing/
Over-Prescribing Did Not Cause America’s Opioid Crisis
and here
https://www.statnews.com/2019/06/28/stop-persecuting-doctors-legitimately-prescribing-opioids-chronic-pain/
Stop persecuting docs for legitimately prescribing opioids for chronic pain
We also know that the primary influences which have led to forced tapering of otherwise stable patients have little to do with actual medical evidence of benefit. There are no published data demonstrating such benefit and many reports of active harms including medical collapse and suicide. What is instead going on is that Federal and State drug enforcement authorities are conducting a campaign of provider intimidation and unjustified malicious prosecution intended to coerce the medical profession. It is time somebody in your profession developed a backbone and said "no" very loudly and publicly to such misdirection.
When a State Medical Board responds to patients in the manner quoted above, you make yourselves accessories to patient abuse and desertion which comprise a fundamental violation of human rights. It is apparent that the Board has forgotten the fundamental dictum under which all physicians must practice: "First do no harm." If you can't do better than this, then it is time you resigned en mass and went looking for a more honest line of work.