Bill Kitchens Quoted in Long-term Living

AGG Partner William H. Kitchens is quoted in the December 2010 cover story of Long-term Living magazine titled “Agents of the Prescriber.” Ten years ago, the Drug Enforcement Administration (DEA) stated in a notice that long-term care nurses may not communicate controlled substance prescriptions to pharmacies on behalf of DEA-registered practitioners. However, most providers misunderstood this regulation. Although the DEA stated that nurses are not agents of the prescriber, the agency never stated that they could not be: “so long as an explicit agency agreement is made to establish a valid relationship between individual practitioners and individual nurses.” The article mentions an AGG Client Alert Mr. Kitchens wrote in conjunction with AGG Partner Jason E. Bring that provides a breakdown of the DEA’s policy for communicating controlled substance prescriptions to pharmacies in long-term care facilities, and provides suggestions to remain compliant with the policy. Mr. Kitchens told Long-term Living magazine that the DEA’s policy is a “good, clarifying statement” of what a nurse agent can and cannot do with regard to controlled substances and how the facility can document these agency relationships.