Florida MQA to NPs: Send us a DEA number, but make sure it isn't your own (2013)

If you don't live in Florida,  you may not be aware that we have the dubious distinction of being the next-to-the-worst state in the country for advanced nursing practice.  Here is a letter I've just sent to the state board governing our practice.  It seems they are requesting that nurse practitioners violate federal rules for controlled drugs.  Fascinating, since we aren't allowed to touch the things.

February 5, 2013

Brian Carroll

Division of Medical Quality Assurance

4052 Bald Cypress Way, Bin C02

Tallahassee, FL 32399

 

Dear Mr. Carroll,

I am in receipt of your letter dated January 25^th addressing the recent re-filing of my ARNP collaborative agreement.  To recap, this is a renewal of an existing agreement that continues my relationship with the same physician listed on the previous agreement.  I must admit I was quite shocked to learn that my agreement is incomplete because “physicians must include their DEA number”.

Mr. Carroll, you may not know that Florida holds the dubious distinction of being one of only two states left in the United States of America in which ARNP’s are not allowed prescribing rights for controlled substances of any type.  There are thousands of ARNP’s providing hundreds of thousands of hours of patient care of all types every year, without the ability to order a single controlled drug.  It’s hard to believe it is down to us and Alabama.  It’s kind of embarrassing when you think about it.

Therefore, I can hardly see the logic in requiring my physician to provide her DEA number.  What possible purpose would that serve, other than tracking my physician for some other reason that has nothing whatsoever to do with my ARNP agreement?  It cannot have any relevance to my agreement, since I have zero ability to prescribe controlled substances in my practice, thanks to the FMA lobby and the Florida State Legislature.  If you want to track down my physician, you may simply use her license number as provided to you in our recently filed agreement. 

To emphasize how ill-advised and inappropriate the MQA’s request is, I am including a statement that can be easily located on the Department of Justice Drug Enforcement Agency web site:

“DEA strongly opposes the use of a DEA registration number for any purpose other than the one for which it was intended, to provide certification of DEA registration in transactions involving controlled substances. The use of DEA registration numbers as an identification number is not an appropriate use and could lead to a weakening of the registration system.”

Available at: http://www.deadiversion.usdoj.gov/pubs/manuals/pract/section2.htm.  Accessed February 4, 2013. 

As you can see, my hands are tied and I cannot provide you with the DEA number you request, lest I run afoul of federal guidelines for controlled substances.  I find it quite ironic that, while the state denies me a DEA number, the letter requesting the DEA number is addressed to me rather than the physician who holds the number.  In other words, the state is asking me to provide it with inappropriate access to a DEA number. 

I hope this letter serves as further evidence, to add to the giant pile of evidence that ARNP’s have provided to the state for the past 20 years, that nurse practitioners are careful stewards of regulations designed to protect the health and safety of our citizens. 

 

Sincerely,

Kim Curry