Arkansas Administrative Code › Agency 060 - STATE MEDICAL BOARD › Rule 060.00.16-003 - Regulation 2.8

Current through Register Vol. 49, No. 6, June, 2024
REGULATION NO. 2
The Arkansas Medical Practices Act authorizes the Arkansas State
			 Medical Board to revoke or suspend the license issued by the Board to practice
			 medicine if the holder thereof has been found guilty of grossly negligent or
			 ignorant malpractice.
"Malpractice" includes any professional misconduct, unreasonable
			 lack of skill or fidelity in professional duties, evil practice, or illegal or
			 immoral conduct in the practice of medicine and surgery.
It shall include, among other things, but not limited to:
1. Violation of laws, regulations, and
		  procedures governing payment to physicians for medical services for eligible
		  public assistance recipients and/or other third party payment
		  programs.
2. Participation in any
		  plan, agreement, or arrangement which compromises the quality or extent of
		  professional medical services or facilities at the expense of the public
		  health, safety, and welfare.
3.
		  Practicing fraud, deceit, or misrepresentation in the practice of
		  medicine.
4. The prescribing of
		  excessive amounts of controlled substances to a patient including the writing
		  of an excessive number of prescriptions for an addicting or potentially harmful
		  drug to a patient.
5. The
		  prescribing of Schedule II controlled substances by a physician for his own use
		  or for the use of his immediate family.
6. *The treatment of pain with dangerous
		  drugs and controlled substances is a legitimate medical purpose when done in
		  the usual course of medical practice. If the provisions as set out below in
		  this Resolution are met, and if all drug treatment is properly documented, the
		  Board will consider such practices as prescribing in a therapeutic manner, and
		  prescribing and practicing medicine in a manner consistent with public health
		  and welfare.
A. However, a physician who
		  prescribes **narcotic agents Schedule 2 [except 2.6(e)], 3, 4, and 5, and to
		  include the schedule drugs Talwin, Stadol, and Nubain, for a patient with pain
		  not associated with malignant or terminal illness will be considered exhibiting
		  gross negligence or ignorant malpractice unless he or she has complied with the
		  following:
a. The physician will keep accurate
		  records to include the medical history, physical examination, other evaluations
		  and consultations, treatment plan objective, informed consent noted in the
		  patient record, treatment, medications given, agreements with the patient and
		  periodic reviews.
b. The physician
		  will periodically review the course of schedule drug treatment of the patient
		  and any new information about etiology of the pain. If the patient has not
		  improved, the physician should assess the appropriateness of continued
		  prescribing of scheduled medications or dangerous drugs, or trial of other
		  modalities.
c. The physician will
		  obtain written informed consent from those patients he or she is concerned may
		  abuse controlled substances and discuss the risks and benefits of the use of
		  controlled substances with the patient, his or her guardian, or authorized
		  representatives.
d. The physician
		  will be licensed appropriately in Arkansas and have a valid controlled
		  substance registration and comply with the Federal and State regulations for
		  the issuing of controlled substances and prescriptions, more especially the
		  regulations as set forth in 21 Code of Federal Regulations Section 1300, et
		  sequence.