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Report to Congressional Requesters: 

United States Government Accountability Office: 
GAO: 

March 2009: 

Methadone-Associated Overdose Deaths: 

Factors Contributing to Increased Deaths and Efforts to Prevent Them: 

GAO-09-341: 

GAO Highlights: 

Highlights of GAO-09-341, a report to congressional requesters. 

Why GAO Did This Study: 

Prescription drug abuse is a growing public health problem. In 
particular, methadone-associated overdose deaths—those in which 
methadone may have caused or contributed to the death—have risen 
sharply. Before the late 1990s, methadone was used mainly to treat 
opioid addiction but has since been increasingly prescribed to manage 
pain. Taken too often, in too high a dose, or with other drugs or 
alcohol, methadone can cause serious side effects and death. Methadone-
associated overdose deaths can occur under several different scenarios, 
including improper dosing levels by practitioners, misuse by patients 
who may combine methadone with other drugs, or abuse—using the drug for 
nontherapeutic purposes. 

This report examines the regulation of methadone, factors that have 
contributed to the increase in methadone-associated overdose deaths, 
and steps taken to prevent methadone-associated overdose deaths. 

GAO reviewed documents, laws and regulations, data, and research from 
relevant state and federal agencies, including the Drug Enforcement 
Administration (DEA) and the Substance Abuse and Mental Health Services 
Administration (SAMHSA). GAO also interviewed federal officials, 
officials in five selected states, officials from professional 
associations and advocacy groups, and experts in pain management, 
addiction treatment, and forensic sciences. 

What GAO Found: 

Methadone is regulated as a controlled substance, under federal and 
state laws and regulations, when used for pain management and addiction 
treatment. When methadone is used for pain management, it is regulated 
under federal and state laws and regulations that apply to controlled 
substances generally and that do not impose requirements unique to 
methadone. For addiction treatment, however, federal and state laws and 
regulations impose additional requirements that are specific to the use 
of methadone in opioid treatment programs (OTP), which treat and 
rehabilitate people addicted to heroin or other opioids. GAO, however, 
only reviewed relevant state laws and regulations for five selected 
states. 

Although information on methadone-associated overdose deaths is 
limited, available data suggest that methadone’s growing use for pain 
management has made more of the drug available, thus contributing to 
the rise in methadone-associated overdose deaths. Methadone 
prescriptions for pain management grew from about 531,000 in 1998 to 
about 4.1 million in 2006—nearly eightfold. Methadone has unique 
pharmacological properties that make it different from other opioids, 
and as a result, a lack of knowledge about methadone among 
practitioners and patients has been identified as a factor contributing 
to these deaths. DEA data suggest that abuse of methadone diverted from 
its intended purpose has also contributed to the rise in overdose 
deaths as the number of methadone drug items seized by law enforcement 
and analyzed in forensic laboratories increased 262 percent, from 2,865 
in 2001 to 10,361 in 2007. Nonetheless, data and research from five 
states GAO reviewed suggest that the specific circumstances of these 
deaths are variable because of drug combinations and unknown sources of 
methadone. 

GAO identified selected efforts to prevent methadone abuse and overdose 
deaths that focused on education, safety, and monitoring. For example, 
to educate practitioners about using methadone for pain management and 
addiction treatment, SAMHSA is establishing a physician clinical 
support system for methadone. To improve safety, in 2006, the Food and 
Drug Administration (FDA) approved a revised label for methadone 
tablets that included new safety information regarding the use of 
methadone for pain and modified dosage instructions for those beginning 
pain management treatment with methadone. Additionally, to prevent 
diversion and abuse of controlled substances such as methadone, DEA 
reports that as of February 2009, 31 states have established 
prescription monitoring programs. Some officials and experts cautioned 
that any prevention efforts focused on methadone alone might 
unintentionally shift similar problems to a different drug. 

GAO received comments from the Department of Health and Human Services 
stating that FDA recently notified manufacturers of certain opioid drug 
products, such as methadone, that they must take certain steps to 
ensure that the benefits of these drugs continue to outweigh the risks. 
The Department of Justice provided GAO with technical comments. 

View [hyperlink, http://www.gao.gov/products/GAO-09-341] or key 
components. For more information, contact Kathleen King at (202) 512-
7114 or kingk@gao.gov. 

[End of section] 

Contents: 

Letter: 

Background: 

Methadone Is Regulated as a Controlled Substance and Subject to 
Additional Requirements When Used for Addiction Treatment: 

Increased Availability Combined with Lack of Knowledge and Abuse of 
Diverted Methadone Have Contributed to Increasing Methadone-Associated 
Overdose Deaths: 

Education, Safety, and Monitoring Efforts to Prevent Methadone- 
Associated Overdose Deaths Have Been Implemented by Government Agencies 
and Other Organizations: 

Agency Comments: 

Appendix I: Scope and Methodology: 

Appendix II: Comparison of Federal and Selected States' OTP 
Regulations: 

Appendix III: Data and Research regarding Methadone-Associated Overdose 
Deaths in Five States: 

Appendix IV: Comparison of Prescription Drug Monitoring Programs in 
Four Selected States: 

Appendix V: Comments from the Department of Health and Human Services: 

Appendix VI: GAO Contact and Staff Acknowledgments: 

Tables: 

Table 1: Criteria for Take-Home Doses of Methadone: 

Table 2: Methadone Distribution by Type of Business, 2002 to 2007: 

Table 3: Top Five Drugs with Highest Percentage Increases in Analyzed 
Drug Items Seized by Law Enforcement, 2001 to 2007: 

Figure: 

Figure 1: Number of OTPs by State That Have Been Certified by SAMHSA, 
February 2009: 

Abbreviations: 

AMA: American Medical Association: 

ARCOS: Automation of Reports and Consolidated Orders System: 

CDC: Centers for Disease Control and Prevention: 

CSAT: Center for Substance Abuse Treatment: 

DEA: Drug Enforcement Administration: 

FDA: Food and Drug Administration: 

HARMD: Helping America Reduce Methadone Deaths: 

HHS: Department of Health and Human Services: 

KASPER: Kentucky All-Schedule Prescription Electronic Reporting System: 

LAAM: levomethadyl acetate: 

NDIC: National Drug Intelligence Center: 

NFLIS: National Forensic Laboratory Information System: 

ONDCP: Office of National Drug Control Policy: 

OTP: opioid treatment program: 

SAMHSA: Substance Abuse and Mental Health Services Administration: 

[End of section] 

United States Government Accountability Office:
Washington, DC 20548: 

March 26, 2009: 

The Honorable Edward M. Kennedy: 
Chairman: 
Committee on Health, Education, Labor, and Pensions: 
United States Senate: 

The Honorable John D. Rockefeller, IV: 
Chairman: 
Subcommittee on Health Care: 
Committee on Finance: 
United States Senate: 

Prescription drug abuse is a serious and growing public health problem. 
Drug overdoses, including those from prescription drugs, are the second 
leading cause of unintentional injury deaths in the United States, 
exceeded only by motor vehicle fatalities, according to the Centers for 
Disease Control and Prevention (CDC).[Footnote 1] Of particular concern 
is the sharp rise in methadone-associated overdose deaths--in which 
methadone may have caused or contributed to the death.[Footnote 2] CDC 
data show that from 1999 to 2005, the number of these deaths increased 
more than fivefold, from 786 to 4,462, a rate higher than overdose 
deaths associated with other prescription narcotics, such as oxycodone, 
hydrocodone, and fentanyl.[Footnote 3] 

Methadone has been approved by the Food and Drug Administration (FDA) 
for the treatment of opioid addiction and pain, and it is relatively 
inexpensive compared to other opioids.[Footnote 4] Methadone's unique 
pharmacologic properties make it different from other opioids, so it 
must be carefully administered. Particular vigilance is needed when 
starting treatment and increasing dosages, regardless of whether 
methadone is being used for addiction treatment or pain management. FDA 
reports that side effects can include slow or shallow breathing, 
dangerous changes in heartbeat, and death. 

Until recently, methadone was primarily used in opioid treatment 
programs (OTP) to treat and rehabilitate people addicted to such 
opioids as heroin or certain prescription drugs.[Footnote 5] It works 
as a replacement for such drugs by preventing withdrawal symptoms. Its 
slow onset allows patients to be monitored as the drug takes effect, 
and its 24-to 36-hour duration of action suppresses opioid withdrawal 
symptoms with one daily dose. When used for addiction treatment, 
methadone cannot be dispensed by a practitioner outside of an OTP. 

Since the late 1990s, methadone has been increasingly prescribed by 
practitioners[Footnote 6] to treat their patients' pain. However, while 
a single dose suppresses opioid withdrawal symptoms for a day or more, 
it generally relieves pain for 4 to 8 hours despite remaining in the 
body much longer. Further, it may take 3 to 5 days to achieve full pain 
relief, so dosage increases must be done more slowly than with other 
opioids. As a result, patients may feel the need to take more methadone 
before the previous dose has left the body. However, if taken too 
often, in too high a dose, or with certain other medicines or 
supplements, it may build up in the body to a toxic level. Variability 
in methadone's absorption, metabolism, and relative pain relief potency 
among patients requires a highly individualized approach to 
prescribing. When used for pain management, methadone may be prescribed 
by appropriately licensed and registered practitioners and obtained 
through licensed and registered retail pharmacies. 

Like many drugs, methadone can also be abused--that is, used for 
nontherapeutic purposes or for purposes other than those for which it 
was prescribed, and dangerous side effects or death can occur when 
methadone is combined with other drugs or alcohol. Because of its 
accepted medical use as well as its high potential for abuse and for 
severe psychological or physical dependence, methadone is classified as 
a Schedule II controlled substance under the Controlled Substances Act. 
[Footnote 7] 

Questions have been raised about the regulation of methadone for both 
pain management and addiction treatment, as well as the factors 
contributing to the increase in methadone-associated overdose deaths. 
Such deaths can occur in a number of ways, including intentional 
overdoses, or suicide, and accidental overdoses due to improper dosing 
levels, abuse, or patient misuse, such as by combining methadone with 
other drugs. While CDC collects limited information on overdose deaths 
from state death certificates, there is no standard, nationwide method 
to document detailed information about each death, such as the form or 
source of the drug, nor is there a standard definition for a methadone- 
associated overdose death, so state medical examiners and coroners 
investigating these deaths may define and report them differently. 
Defining methadone's role in a death is difficult because of 
inconsistencies in determining and reporting causes of death, the 
presence of other drugs in the deceased person's system, and a lack of 
information about the deceased person's level of opioid tolerance. CDC 
has also reported that it has been difficult to determine the extent to 
which increases in methadone-associated overdose deaths have resulted 
from specific prescribing practices, misuse by patients, diversion of 
the drug such as by illegal sale, or other means.[Footnote 8] 

To explore these issues, you asked that we further examine methadone- 
associated overdose deaths. Specifically, we examined (1) the 
regulation of methadone for pain management and addiction treatment, 
(2) the factors contributing to the increase in methadone-associated 
overdose deaths, and (3) the steps taken to prevent methadone- 
associated overdose deaths. 

To examine the regulation of methadone for pain management and 
addiction treatment, we reviewed relevant provisions of the Controlled 
Substances Act, implementing regulations, and federal case law. We 
interviewed officials from the Drug Enforcement Administration (DEA) 
and the Substance Abuse and Mental Health Services Administration 
(SAMHSA), and we reviewed relevant agency policies. We also interviewed 
officials and examined relevant codified statutes and regulations in 
five selected states--Florida, Kentucky, Maine, New Mexico, and West 
Virginia--to determine how these states regulate the use of methadone 
for both pain management and addiction treatment. We chose these states 
based on their meeting four of five criteria we selected, including 
whether the state had one of the top 10 highest rates of increase in 
methadone-associated overdose deaths from 1999 through 2004 and whether 
there was research on methadone-associated overdose deaths in that 
state.[Footnote 9] The findings from our review of these five states 
cannot be generalized to any other state. 

To determine the factors contributing to the increase in methadone- 
associated overdose deaths, we interviewed officials from CDC, DEA, 
FDA, the Office of National Drug Control Policy (ONDCP), and SAMHSA. 
[Footnote 10] We also interviewed officials from relevant professional 
associations and experts in pain management, addiction treatment, and 
forensic science. In addition, we interviewed researchers and officials 
in our five selected states regarding their views on what factors were 
contributing to the increases in methadone-associated overdose deaths 
in their states, and reviewed state data and studies. We reviewed 
methadone poisoning death data from CDC's National Vital Statistics 
System and relevant DEA data, including DEA data on methadone drug 
items seized by law enforcement and analyzed in forensic laboratories. 
We interviewed CDC and DEA officials to obtain information about the 
reliability of their data, including quality control such as edit 
checks, and any limitations of these databases. We determined that 
these data were sufficiently reliable for use in this report, and 
identified any limitations. 

To identify steps taken to prevent methadone-associated overdose 
deaths, we interviewed officials from CDC, DEA, FDA, ONDCP, and SAMHSA. 
We also interviewed officials from relevant professional associations 
and experts in pain management, addiction treatment, and forensic 
science. We reviewed relevant studies and reports about efforts to 
prevent methadone and other prescription drug overdose deaths. To 
obtain additional information about prescription drug monitoring 
initiatives, we examined relevant codified statutes and regulations in 
our five selected states. We also interviewed officials in our five 
selected states to learn about initiatives in their states to prevent 
these deaths. However, we did not evaluate these efforts, and our 
findings are not representative of all such efforts nor can they be 
generalized to all states. (See appendix I for a detailed discussion of 
our methodology.) 

We conducted our work from November 2007 through February 2009 in 
accordance with all sections of GAO's Quality Assurance Framework that 
are relevant to our objectives. The framework requires that we plan and 
perform the engagement to obtain sufficient and appropriate evidence to 
meet our stated objectives and to discuss any limitations in our work. 
We believe that the information and data obtained, and the analysis 
conducted, provide a reasonable basis for any findings and conclusions. 

Background: 

Methadone, a long-acting opioid medication, is available as a liquid, a 
solid tablet (5 and 10 mg), a rapidly dissolving wafer or diskette (40 
mg), or a powder. Liquid methadone is most commonly used for addiction 
treatment, while the 5 and 10 mg tablets are most often prescribed for 
pain management. FDA considers methadone safe and effective for both 
pain management and addiction treatment, although not all forms of 
methadone are FDA approved for both of these purposes. 

Use of Methadone for Addiction Treatment: 

OTPs offer methadone maintenance treatment, including counseling, for 
people addicted to heroin and certain prescription drugs. Daily doses 
of methadone help normalize the body's neurological and hormonal 
functions that have been impaired by the use of heroin or misuse or 
abuse of other short-acting opioids. When starting treatment, 
individuals go to an OTP daily to take their methadone dose under 
observation, although patients may receive a single take-home dose for 
a day that the clinic is closed for business. After a few months, they 
may become eligible for unsupervised take-home doses. The National 
Institute on Drug Abuse notes that 1 year is generally the minimum for 
methadone maintenance treatment, and that some individuals will benefit 
from treatment over several years. Buprenorphine and levomethadyl 
acetate (LAAM) are also FDA-approved medications for treating opioid 
addiction.[Footnote 11] When used for addiction treatment, methadone 
must be dispensed by an OTP that is certified by SAMHSA and registered 
with DEA.[Footnote 12] As of February 2009, about 1,200 OTPs were 
operating nationwide, but not all states have OTPs.[Footnote 13] (See 
figure 1.) OTPs are operated by private for-profit organizations, 
private nonprofit organizations, hospitals, or government agencies. 

Figure 1: Number of OTPs by State That Have Been Certified by SAMHSA, 
February 2009: 

[Refer to PDF for image: Map of the United States] 

Indicated on the map are dots depicting a treatment facility within a 
zip code. 

Number of opioid treatment programs in each state: 

Alabama: 20. 
Alaska: 3. 
Arizona: 29. 
Arkansas: 3. 
California: 147. 
Colorado: 11. 
Connecticut: 34. 
Delaware: 7. 
District of Columbia: 10. 
Florida: 39
Georgia: 41. 
Hawaii: 4. 
Idaho: 1. 
Illinois: 63. 
Indiana: 14. 
Iowa: 4. 
Kansas: 6. 
Kentucky: 9. 
Louisiana: 8. 
Maine: 10. 
Maryland: 57. 
Massachusetts: 49. 
Michigan: 37. 
Minnesota: 13. 
Mississippi: 1. 
Missouri: 10. 
Montana: 0. 
Nebraska: 3. 
Nevada: 11. 
New Hampshire: 9. 
New Jersey: 36. 
New Mexico: 8. 
New York: 153. 
North Carolina: 38.
North Dakota: 0. 
Ohio: 15. 
Oklahoma: 14. 
Oregon: 14. 
Pennsylvania: 64. 
Rhode Island: 18. 
South Carolina: 11. 
South Dakota: 0. 
Tennessee: 10. 
Texas: 76. 
Utah: 11. 
Vermont: 7. 
Virginia: 20. 
Washington: 20. 
West Virginia: 9. 
Wisconsin: 15. 
Wyoming: 0. 

Source: SAMHSA. 

Note: The total number of OTPs includes seven programs in Puerto Rico 
and one in the Virgin Islands not listed on the figure. 

[End of figure] 

Use of Methadone for Pain Management: 

FDA approved methadone for treating pain in 1947,[Footnote 14] but from 
the early 1970s until the late 1990s the drug was primarily used for 
treating addiction. In the mid-1990s, various national pain-related 
organizations began to issue guidelines for treating and managing pain, 
including using opioids to treat both cancer and noncancer pain. For 
example, the practice guidelines issued by the Agency for Health Care 
Policy and Research informed physicians and other health care 
professionals about the management of acute pain in 1992 and cancer 
pain in 1994.[Footnote 15] In 2001, health care providers and hospitals 
were required to ensure that their patients received appropriate pain 
treatment when the Joint Commission, a national health care facility 
standards-setting and accrediting body, implemented pain standards for 
hospital accreditation.[Footnote 16] At first, methadone was prescribed 
more for the treatment of cancer pain, but it has been increasingly 
prescribed for the treatment of chronic noncancer pain. Methadone's 
advantages include that it costs less than other opioids used to treat 
pain, and it comes in multiple forms. 

Unlike methadone's use in addiction treatment where it generally must 
be dispensed by OTPs, when used to treat pain methadone may be 
prescribed by an appropriately licensed and registered practitioner and 
dispensed by licensed and registered retail pharmacies. Licensed and 
registered practitioners may also dispense methadone directly to 
patients for pain management, but DEA officials said that it is not a 
common practice. 

Relevant Federal Agencies: 

DEA, on behalf of the Attorney General of the United States, is the 
agency primarily responsible for enforcing the Controlled Substances 
Act.[Footnote 17] Under the act, controlled substances are classified 
into five schedules based on the extent to which the drug has an 
accepted medical use, and its potential for abuse and degree of 
psychological or physical dependence.[Footnote 18] Schedule II 
controlled substances--which include opioids such as morphine, 
oxycodone, and methadone--have a currently accepted medical use and a 
high potential for abuse, and may lead to severe psychological or 
physical dependence. DEA's regulation of the manufacturing, 
distribution, dispensing, and prescribing of controlled substances, 
including Schedule II drugs, encompasses the following: 

* Manufacturing. DEA limits the quantity of Schedule II controlled 
substances that may be produced by each manufacturer in the United 
States each year. DEA determines these quotas based on a variety of 
factors, including disposal and inventories. DEA also sets aggregate 
production quotas that limit the production of bulk raw materials used 
to manufacture Schedule II controlled substances. 

* Distribution. DEA regulates transactions involving the sale and 
distribution of Schedule II controlled substances by manufacturers and 
wholesale distributors. Manufacturers and distributors are required to 
report their inventories of controlled substances to DEA, and these 
data are available for monitoring the distribution of controlled 
substances throughout the United States and identifying retail 
registrants that received unusual quantities of controlled substances. 

* Dispensing and prescribing. Practitioners who dispense, administer, 
or prescribe controlled substances must obtain a valid registration. 

SAMHSA is the lead federal agency addressing substance abuse and mental 
health services. Its mission is to build resilience and facilitate 
recovery for people with or at risk for substance abuse and mental 
illness. SAMHSA's resources and programs are designed to expand service 
capacity and improve service and infrastructure to address prevention 
and treatment gaps. SAMHSA directly supports state and local service 
systems and funds activities to improve practice through grants and 
contracts. SAMHSA's Center for Substance Abuse Treatment provides 
national leadership to expand the availability of effective treatment 
and recovery services for alcohol and drug problems, and to improve 
access, reduce barriers, and promote high-quality, effective treatment 
and recovery services for people with substance abuse problems and 
their families and communities. 

Under federal law and regulations, drugs must be approved by FDA before 
they can be marketed in the United States.[Footnote 19] The agency 
reviews new drug applications to determine whether they provide 
sufficient evidence that the drug is safe and effective for the 
proposed use. In approving a drug, FDA may require that the drug be 
dispensed only by a prescription by a licensed practitioner. Because 
some risks may not become known until after a drug's approval and use 
in a wider segment of the population, FDA has certain postmarket 
oversight responsibilities once a drug is approved, such as assessing 
sponsors' compliance with requirements for adverse event reporting. The 
agency compiles data from sponsor reports on adverse events, and 
voluntary reports submitted to its MedWatch program, a voluntary 
reporting program through which health professionals and consumers can 
report adverse reactions and other problems related to FDA-approved 
drugs. In addition, as of 2008, if FDA identifies postmarket safety 
concerns, the agency may take specific actions such as requiring drug 
manufacturers to make safety-related changes to a drug's labeling and 
requiring drug manufacturers to implement a Risk Evaluation and 
Mitigation Strategy when necessary to ensure that the benefits of a 
particular drug outweigh the risks. 

Overdose Death Investigation and Reporting: 

Death investigations in the United States are typically conducted by a 
county, district, or state coroner system or a medical examiner system. 
These systems investigate deaths due to external causes, such as injury 
or poisoning; sudden and unexplained deaths; and deaths that occur 
under medical care.[Footnote 20] Most coroners are elected, and they 
may not be physicians. In contrast, medical examiners are usually 
appointed and are, with few exceptions, required to be physicians and 
are often pathologists or forensic pathologists.[Footnote 21] 

The registration of deaths varies by state. Death certificates can be 
completed by funeral directors, attending physicians, medical 
examiners, or coroners and contain such information as the deceased 
person's age, sex, and race; the circumstances and cause of death; and 
the signature of the physician, medical examiner, or coroner. Each 
disease, abnormality, injury, or poisoning that the medical examiner or 
coroner believes contributed to the death generally is reported. The 
original records are filed in state registration offices. Statistical 
information is compiled in a national database through the National 
Vital Statistics System by CDC's National Center for Health Statistics. 
From these data, monthly, annual, and special statistical reports are 
prepared for the United States and for cities, counties, states, and 
regions by various characteristics, such as sex, race, and cause of 
death. However, statistical data derived from death certificates can be 
no more accurate than the information provided on the certificate. For 
example, causes of death on the death certificate reflect a medical 
opinion that might vary among the individuals completing the 
certificates. 

Methadone Is Regulated as a Controlled Substance and Subject to 
Additional Requirements When Used for Addiction Treatment: 

Methadone is regulated as a controlled substance, under federal and 
state laws and regulations, when used for pain management and addiction 
treatment.[Footnote 22] When methadone is used for pain management, it 
is regulated under federal and state laws and regulations that apply to 
controlled substances generally and that do not impose requirements 
unique to methadone. For addiction treatment, however, federal and 
state laws and regulations impose additional requirements that are 
specific to the use of methadone. 

When Used for Pain Management, Methadone Is Regulated as a Controlled 
Substance under Federal and State Laws and Regulations: 

The use of methadone for pain management is regulated under federal and 
state laws and regulations that apply to controlled substances 
generally and that do not impose requirements unique to methadone. DEA 
has certain authorities, under the Controlled Substances Act, to 
regulate the use of methadone for pain management, as part of its 
oversight for controlled substances.[Footnote 23] For example, 
practitioners must register with DEA in order to dispense, administer, 
or prescribe Schedule II through V controlled substances.[Footnote 24], 
[Footnote 25] The Controlled Substances Act and implementing 
regulations also require that Schedule II controlled substances, 
including methadone, only be dispensed by pharmacists upon a written 
prescription,[Footnote 26] which must be issued for a legitimate 
medical purpose by registered practitioners acting in the usual course 
of professional practice.[Footnote 27] In addition, DEA uses its data 
on the distribution of methadone and other controlled substances to 
identify retail-level registrants, such as pharmacies, that receive and 
dispense unusual quantities of these drugs. Under these authorities, 
DEA may take action against practitioners that fail to prescribe or 
dispense controlled substances, including methadone, for legitimate 
medical purposes, one sanction of which is suspension or revocation of 
DEA registration.[Footnote 28] 

The use of methadone for pain management is also regulated under state 
law and regulations that apply to controlled substances generally. In 
the states we reviewed, some of these requirements were similar to 
provisions of the federal Controlled Substances Act. For example, these 
states require, in general, that Schedule II controlled substances may 
only be dispensed by pharmacists upon a written prescription of a 
practitioner.[Footnote 29] States also may impose requirements beyond 
what is required under the federal Controlled Substances Act. For 
example, officials in Maine said that they require the use of 
tamperproof prescription notepads when writing prescriptions for 
Schedule II drugs. However, none of the laws and regulations in the 
five states we reviewed had any provisions specific to methadone when 
used for pain management other than provisions that generally apply to 
all Schedule II controlled substances. 

Because states regulate the practice of medicine and pharmacy, 
controlled substances that are prescribed, administered, or dispensed 
by state-licensed practitioners are also generally regulated under 
these state laws and regulations. For example, in the states we 
reviewed, physicians must be licensed by their state boards of medicine 
in order to engage in the practice of medicine, which includes the 
prescribing of drugs.[Footnote 30],[Footnote 31] Similarly, pharmacists 
must be licensed by their state boards of pharmacy in order to engage 
in the practice of pharmacy, which includes the dispensing of 
prescription drugs.[Footnote 32] Under this authority, the state 
medical boards and state boards of pharmacy oversee the regulation of 
the practice of medicine and pharmacy, respectively. As part of this 
oversight, these boards or other related state agencies may investigate 
complaints about practitioners, discipline practitioners that violate 
applicable laws or regulations, and facilitate rehabilitation of 
practitioners when appropriate. 

States and professional licensing boards may further regulate the 
prescribing or dispensing of controlled substances for the treatment of 
pain. According to the Federation of State Medical Boards, a number of 
states have implemented standards for the use of controlled substances 
for pain, including the five states we reviewed. Some of these states 
have based these standards on the model policy for use of controlled 
substances for the treatment of pain published by the Federation of 
State Medical Boards. For example, Florida law expressly provides that 
physicians may prescribe or administer controlled substances for the 
treatment of intractable pain.[Footnote 33] Under its regulations, 
Florida's Board of Medicine and Board of Osteopathic Medicine also 
impose standards that include steps physicians must take prior to 
prescribing controlled substances for pain.[Footnote 34] 

When Used for Addiction Treatment, Methadone Is Subject to Additional 
Requirements under Federal and State Laws and Regulations: 

Although methadone is subject to federal and state requirements that 
apply to controlled substances, there are additional requirements 
specific to methadone when used for addiction treatment.[Footnote 35], 
[Footnote 36] For example, as part of its enforcement responsibilities 
under the Controlled Substances Act, DEA has the authority to regulate 
the use of methadone for addiction treatment. Under the act, OTPs must 
register with DEA in order to dispense or administer methadone for 
addiction treatment, and there are three conditions for this 
registration.[Footnote 37] Under the first condition of this 
registration, DEA must determine that the OTPs will appropriately 
secure stocks of methadone and maintain appropriate records.[Footnote 
38] DEA officials informed us that they also inspect OTPs in order to 
ensure that OTPs are maintaining proper security, safety, and storage 
of methadone and other narcotic drugs used for addiction treatment. DEA 
officials said that inspections are conducted every 3 years, and there 
are a series of graduated penalties if OTPs are not in compliance, 
including suspension or revocation of OTP registration. If DEA suspends 
or revokes a registration, that OTP would be unable to purchase, 
administer, or dispense methadone to OTP patients for addiction 
treatment. 

As a second condition of DEA registration for OTPs, SAMHSA must 
determine that OTPs are qualified to engage in methadone maintenance 
treatment for addiction.[Footnote 39] Federal opioid treatment 
regulations define SAMHSA's standards for determining whether OTPs are 
qualified.[Footnote 40] Specifically, such standards include requiring 
OTPs to obtain a current, valid certification from SAMHSA to dispense 
methadone for addiction treatment. To obtain certification, an OTP must 
have a current, valid accreditation by an accreditation body, such as 
the Joint Commission or other entity designated by SAMHSA. An OTP also 
must comply with a number of other requirements for certification 
established by SAMHSA. These other requirements include maintaining a 
diversion control plan that contains specific measures to reduce the 
possibility of diversion of methadone from legitimate treatment to 
illicit use and ensuring that all licensed professional care providers 
comply with the credentialing requirements of their respective 
professions. 

The third condition of DEA registration for OTPs requires SAMHSA to 
determine that OTPs will comply with standards regarding unsupervised 
take-home doses of methadone.[Footnote 41] SAMHSA has established 
specific criteria for unsupervised take-home doses of methadone under 
federal regulations for OTPs.[Footnote 42] (See table 1.) These 
criteria were established to limit the potential for diversion of 
methadone to illicit uses. OTPs are also required to maintain 
procedures for take-home doses of methadone that will allow 
identification of the theft or diversion of these doses, such as by 
labeling containers with the OTP's name, address, and telephone number. 
For additional information on select aspects of the federal regulations 
relating to OTPs, see appendix II. 

Table 1: Criteria for Take-Home Doses of Methadone: 

Criteria used to determine whether a patient is responsible in handling 
opioid drugs for unsupervised use: 

1. Absence of recent abuse of drugs, including alcohol; 

2. Regularity of OTP clinic attendance; 

3. Absence of serious behavioral problems at OTP; 

4. Absence of known recent criminal activity (e.g., drug dealing); 

5. Stability of the patient's home environment and social 
relationships; 

6. Length of time in comprehensive methadone maintenance treatment; 

7. Assurance that take-home medication can be safely stored within the 
patient's home; 

8. Whether the rehabilitative benefit derived from decreasing the 
frequency of OTP attendance outweighs the potential risks of diversion. 

Source: SAMHSA regulations at 42 C.F.R. 8.12 (h)(4)(i)(2). 

[End of table] 

States may also regulate the use of methadone for opioid addiction 
treatment under state laws and regulations, which may be equal to or 
stricter than federal standards.[Footnote 43] For example, while 
federal regulations do not specify the days or hours that OTPs must be 
open, regulations in three of the states we reviewed--Kentucky, Maine, 
and West Virginia--require that OTPs be open 7 days a week.[Footnote 
44] Further, states may implement drug testing requirements that are 
stricter than the federal standard of at least eight random drug abuse 
tests per year for each patient in maintenance treatment. For example, 
in Maine, drug tests on OTP patients must be conducted at least every 
30 days unless the individual treatment plan indicates that drug 
testing should be done more frequently. Appendix II compares OTP 
regulations in the five states we reviewed. 

Each state with OTPs also has a state agency or official designated to 
oversee opioid treatment in that state. Each of the five states we 
reviewed had an official designated as the state methadone authority or 
state opioid treatment authority, although responsibilities for this 
position varied and these officials had other duties in addition to 
responsibilities in overseeing the state's OTPs. For example, a state 
official told us that the primary responsibilities of the State 
Methadone Authority in West Virginia were to approve or disapprove OTP 
patients' requests for exceptions to methadone take-home policies and 
to receive and refer patient appeals and grievances to the designated 
state oversight agency. In contrast, in addition to approving or 
disapproving take-home exception requests, a state official explained 
that the State Opioid Treatment Authority in New Mexico has initiated 
activities such as site audits of the eight existing OTPs in the state 
to ensure compliance with state regulations. These officials also have 
quarterly conference calls with SAMHSA and their counterparts from 
other states to discuss issues regarding OTPs and best practices. 

Increased Availability Combined with Lack of Knowledge and Abuse of 
Diverted Methadone Have Contributed to Increasing Methadone-Associated 
Overdose Deaths: 

Although information on methadone-associated overdose deaths is 
limited, available data suggest that methadone's growing use for pain 
management has increased availability of the drug, therefore 
contributing to the rise in methadone-associated overdose deaths. Lack 
of knowledge about the drug's unique pharmacological properties among 
practitioners and patients as well as abuse of diverted methadone also 
appear to have contributed to these deaths. State data and research 
support the idea that lack of knowledge and abuse of diverted methadone 
contributed to deaths, but also suggest that the specific circumstances 
of these deaths are variable. 

Methadone's Growing Use for Pain Management Has Increased the Drug's 
Availability, Contributing to an Increase in Overdose Deaths: 

The growing availability of methadone through its increased use for 
pain management is a contributing factor to the rise in methadone- 
associated overdose deaths. DEA data show that from 2002 to 2007, 
distribution of methadone to business types associated with pain 
management--pharmacies and practitioners--almost tripled, rising from 
about 2.3 millions grams to about 6.5 million grams. In contrast, 
distribution to OTPs increased more slowly, from about 5.3 million 
grams to about 6.5 million grams. See table 2 for the numbers for 
methadone distribution to four business types from 2002 through 2007. 
Similarly, data from IMS Health, a private company that tracks 
prescription drug trends, showed that from 1998 through 2006 the number 
of annual prescriptions of methadone for pain increased by about 700 
percent, from about 531,000 in 1998 to about 4.1 million in 2006. 

Table 2: Methadone Distribution by Type of Business, 2002 to 2007: 

OTPs; 
2002: 5,262,052; 
2003: 5,743,272; 
2004: 6,584,721; 
2005: 6,892,025; 
2006: 7,345,623; 
2007: 6,451,288. 

Hospitals[A]; 
2002: 309,315; 
2003: 393,685; 
2004: 466,352; 
2005: 521,216; 
2006: 584,144; 
2007: 590,649. 

Pharmacies; 
2002: 2,329,083; 
2003: 3,274,331; 
2004: 4,246,007; 
2005: 4,863,736; 
2006: 5,986,488; 
2007: 6,442,516. 

Other practitioners[B]; 
2002: 10,381; 
2003: 15,113; 
2004: 35,492; 
2005: 43,260; 
2006: 51,046; 
2007: 49,503. 

Source: GAO analysis of DEA methadone distribution data. 

Notes: Methadone distribution numbers are in grams. Prior to 2002 DEA's 
methadone distribution data did not track sales to OTPs, therefore, we 
did not include data prior to 2002 in our analysis. 

[A] DEA reports that in hospitals methadone may be dispensed or 
administered for pain management. Hospitals may also dispense or 
administer methadone for addiction treatment when patients are admitted 
to the hospital for another condition but require treatment for opiate 
addiction during their stay. 

[B] In addition to issuing prescriptions for controlled substances that 
patients can have filled in retail pharmacies, appropriately licensed 
practitioners may also dispense controlled substances directly to 
patients. DEA officials said that while practitioners may dispense 
methadone directly in their offices for pain management purposes, it is 
not a common practice. Officials did not have information on the 
specific types of practitioners who are dispensing methadone directly. 

[End of table] 

Most officials from federal and state agencies, as well as experts in 
addiction treatment and pain management that we spoke with, cited the 
increased availability of methadone due to its use for pain management 
as a key factor in the rise in deaths, while some added that addiction 
treatment in OTPs was not related to increased deaths. Federal 
officials and experts in epidemiology, pain management, and addiction 
treatment at SAMHSA's National Assessment of Methadone-Associated 
Mortality in 2003 also acknowledged a correlation between the increased 
distribution of methadone through pharmacies for pain management with 
the increase in methadone-associated overdose deaths and reached 
consensus that the increase in these deaths was not associated with 
addiction treatment in OTPs. Additionally, in 2006 CDC researchers 
suggested that the increase in deaths involving methadone was related 
to physicians increasingly prescribing the drug for pain. The 
researchers reported that the increase in deaths tracked the increase 
in methadone used for pain management rather than its use in OTPs. 

To explain the increasing prescribing of methadone for pain management, 
many officials and experts we spoke with mentioned the publicity 
surrounding the increased abuse and diversion of the drug OxyContin in 
the early 2000s as a reason for the increased prescribing of methadone 
for pain.[Footnote 45] A November 2007 report by the National Drug 
Intelligence Center (NDIC) also noted that following increases in 
OxyContin addiction and death rates, many practitioners began using 
methadone instead to manage pain. 

Lack of Knowledge about Methadone by Practitioners and Patients Has 
Also Contributed to Methadone-Associated Overdose Deaths: 

Lack of knowledge about the unique pharmacological properties of 
methadone by both practitioners and patients has also been identified 
as a factor contributing to methadone-associated overdose deaths. 
Background information prepared for SAMHSA's 2007 Methadone Mortality 
Reassessment meeting noted that physicians need to understand 
methadone's pharmacology as well as specific indications and cautions 
before using it to treat pain or addiction. FDA has issued similar 
statements, adding that practitioners should closely monitor patients 
when starting treatment with methadone or converting patients to 
methadone from other opioids. Some experts we spoke with advocated a 
"start low and go slow" approach with methadone. Additionally, some 
pain management specialists we interviewed warned that practitioners 
following conversion tables, which are commonly used to switch patients 
to methadone from other drugs, may start some patients on too high a 
dose. The specialists explained that using these conversion tables for 
patients who have already developed a tolerance for other opioids may 
be lethal, because tolerance for other opioids is not equivalent to 
tolerance for methadone. 

Several sources have also cited inadequate training among some 
practitioners. NDIC reported in 2007 that some general practitioners 
and novice pain management specialists may lack the training to 
adequately monitor patients to whom they prescribe methadone. A 2005 
survey by the National Center on Addiction and Substance Abuse found 
less than half of surveyed physicians (48 percent) received instruction 
in pain management while in medical school. DEA also noted that several 
of the top prescribers of methadone have been practitioners with 
specialties not generally associated with extensive training in pain 
management. Reports based on SAMHSA's 2003 National Assessment of 
Methadone-Associated Mortality and 2007 Reassessment recommended that 
practitioners needed better training in how to manage pain and 
addiction. Many experts, representatives of national associations, and 
state officials we spoke with agreed that more training in both pain 
and addiction treatment and about methadone's unique properties is 
needed for medical professionals. However, opinions varied about 
whether such training should be optional (e.g., offered for continuing 
education credit) or mandatory (e.g., required for license renewal). 

Insufficient patient education has also been cited as contributing to 
methadone-associated overdose deaths. Patients may not understand how 
methadone works, including that it can stay in the body long after the 
pain returns. As a result, these patients might take methadone more 
frequently than prescribed to manage their recurring pain, risking 
overdose as the drug builds to toxic levels in their bodies. Unaware of 
potentially lethal drug combinations, patients might also take 
methadone with other drugs, including antianxiety drugs and other 
opioids, or alcohol. 

Abuse of Diverted Methadone Is an Additional Contributing Factor to 
Methadone-Associated Overdose Deaths: 

Data suggest that abuse of diverted methadone is also contributing to 
the rise in methadone-associated overdose deaths. Increased thefts as 
well as seizures of methadone by law enforcement indicate that more 
diverted methadone is available for potential abuse. DEA tracks drug 
abuse, including the diversion of legally manufactured drugs such as 
methadone into the illegal market, through its National Forensic 
Laboratory Information System, which collects the results of state and 
local forensic laboratories' analyses of drugs seized as evidence by 
law enforcement agencies. The DEA data on national estimates of the 
most frequently analyzed drugs seized by law enforcement from 2001 
through 2007 showed that the number of methadone drug items analyzed by 
state and local labs increased 262 percent, though the estimated number 
was smaller than that of some of the other drugs (see table 
3).[Footnote 46] In 2007, DEA reported that per prescription, methadone 
was more likely to be diverted and abused than either hydrocodone or 
oxycodone based on its analysis of data from the National Forensic 
Laboratory Information System and IMS Health. 

Table 3: Top Five Drugs with Highest Percentage Increases in Analyzed 
Drug Items Seized by Law Enforcement, 2001 to 2007: 

Drugs/substances: Methadone; 
2001: 2,865; 
2002: 3,867; 
2003: 4,967; 
2004: 6,397; 
2005: 7,302; 
2006: 9,822; 
2007: 10,361; 
Percentage change, 2001 to 2007: 262. 

Drugs/substances: Morphine; 
2001: 1,842; 
2002: 2,424; 
2003: 2,534; 
2004: 2,827; 
2005: 3,619; 
2006: 4,672; 
2007: 5,343; 
Percentage change, 2001 to 2007: 190. 

Drugs/substances: Hydrocodone; 
2001: 12,847; 
2002: 16,869; 
2003: 16,903; 
2004: 18,608; 
2005: 23,549; 
2006: 30,480; 
2007: 36,803; 
Percentage change, 2001 to 2007: 186. 

Drugs/substances: Oxycodone; 
2001: 12,013; 
2002: 17,619; 
2003: 16,520; 
2004: 18,962; 
2005: 19,274; 
2006: 25,041; 
2007: 29,487; 
Percentage change, 2001 to 2007: 145. 

Drugs/substances: Carisoprodol[A]; 
2001: 1,890; 
2002: 2,946; 
2003: 3,297; 
2004: 2,757; 
2005: 3,020; 
2006: 3,558; 
2007: 4,420; 
Percentage change, 2001 to 2007: 134. 

Source: GAO analysis of data from DEA's National Forensic Laboratory 
Information System. 

Note: The numbers included in this table are national estimates 
calculated each year by DEA based on a national sample model of state 
and local laboratories. Therefore, DEA reports that the national 
estimates should not be affected by the number of participating 
laboratories in any given year. According to DEA officials, DEA did not 
produce national estimates prior to 2001; therefore, we did not include 
data prior to 2001 in our analysis. 

[A] Carisoprodol is a centrally acting muscle relaxant. 

[End of table] 

Likewise, DEA data on drug theft and loss showed that methadone thefts 
nationwide more than doubled, from 176 in 2000 to 393 in 2007. For the 
five states we reviewed, the data showed that most thefts were reported 
from pharmacies, while no thefts were reported from OTPs in four of 
these states during the same time period. 

Federal and state officials told us that abuse of prescription drugs, 
including methadone, has become more of a problem in recent years than 
abuse of illicit drugs, such as heroin or cocaine. Officials from ONDCP 
said that overall opioid drugs are being increasingly diverted and 
abused, while abuse of illicit drugs is decreasing. SAMHSA's National 
Survey on Drug Use and Health provides some additional information 
about where those who are abusing prescription pain relievers, such as 
methadone, obtain their drugs. According to the 2007 survey, among the 
estimated 5.2 million persons aged 12 or older who reported using 
prescription pain relievers nonmedically in the past 12 months, 56.5 
percent said they got the drugs from a friend or relative, another 18.1 
percent reported that they got the drug from just one doctor, 4.1 
percent reported that they got the pain relievers from a drug dealer or 
other stranger, and 0.5 percent reported buying the drug on the 
Internet. 

State Data and Research Support That Lack of Knowledge and Abuse of 
Diverted Methadone Contribute to Deaths, but Death Circumstances Are 
Variable: 

Data and research regarding methadone-associated overdose deaths in the 
five states we reviewed support the idea that lack of knowledge and 
abuse of diverted methadone contributed to deaths, but also suggest 
that the circumstances under which people are dying are variable. 
Specifically, state data and research show that death circumstances, 
such as the source of the drug and the most commonly detected other 
drugs, may vary by state. Furthermore, participants at SAMHSA's 2007 
Methadone-Associated Mortality Reassessment concurred that the 
circumstances of methadone-associated overdose deaths vary by state. 
While research suggests that the source of methadone for those who die 
from overdose deaths is often unknown, available information indicates 
that there are three distinct populations who are dying: individuals 
with a prescription for methadone; individuals undergoing methadone 
maintenance treatment in OTPs; and individuals who obtained methadone 
from some other source, such as diversion. However, generally more of 
those who died had a prescription for methadone or obtained it through 
diversion rather than receiving methadone for addiction treatment in an 
OTP.[Footnote 47] For example, a Kentucky study of deaths from 2000 to 
2004 found that of the 95 deaths for which coroners documented 
methadone use, 48 percent of those who died had a physician's 
prescription for methadone, 20 percent obtained methadone through 
illicit means, 22 percent obtained methadone through unknown means, and 
10 percent had received treatment in OTPs. Coroners' investigations 
also documented that one-third of the victims had been undergoing pain 
management. A New Mexico study of unintentional methadone-associated 
overdose deaths from 1998 to 2002 found that although a much larger 
percentage of deaths were related to methadone maintenance treatment 
than in the other states we reviewed, more deaths overall were linked 
with prescriptions for methadone. Specifically, of the 79 methadone- 
associated overdose deaths for which a source of methadone was 
available, 39 percent had methadone because they were undergoing 
methadone maintenance treatment, while 47 percent had a prescription 
for methadone. See appendix III for a summary of the findings of 
research studies in the five states we reviewed. 

In addition, data and research from the five states we reviewed show 
that methadone is often found in combination with other drugs or 
alcohol, suggesting a lack of knowledge about the dangers of combining 
methadone with other drugs or that people are abusing methadone. In 
Florida, for example, of the 1,095 methadone-associated overdose deaths 
in 2007, 124 deaths were caused by methadone alone, while 971 deaths, 
or about 89 percent, were caused by methadone in combination with other 
drugs. The Kentucky study found that only 6 percent of the 176 
methadone-associated overdose deaths were caused by methadone alone; 
other frequently detected drugs included antidepressants, 
benzodiazepines, and other opioids.[Footnote 48] The New Mexico study 
showed somewhat different results, and found that of the 143 methadone- 
associated overdose deaths, 22 percent were due to methadone alone, 24 
percent were due to methadone and prescription drugs (no illicit 
drugs), 50 percent were due to methadone and illicit drugs, and 4 
percent were due to methadone and alcohol. 

Education, Safety, and Monitoring Efforts to Prevent Methadone- 
Associated Overdose Deaths Have Been Implemented by Government Agencies 
and Other Organizations: 

Education, safety, and monitoring efforts have been implemented to 
prevent methadone abuse and methadone-associated overdose deaths-- 
either specifically or as part of broader efforts to prevent 
prescription drug abuse and deaths--by various federal agencies, 
states, and other organizations. Educational efforts include physician 
training on the appropriate use of methadone to treat pain and opioid 
addiction, and public education campaigns about the dangers of 
methadone and other prescription drugs. Steps taken to improve the 
safety of using methadone include limiting the distribution of a high- 
dosage methadone tablet intended only for use in addiction treatment. 
In addition, states may monitor prescriptions of controlled substances 
as well as OTP patient enrollment through statewide registries. 

Efforts to Educate Practitioners and the Public about Methadone and 
Other Prescription Drugs Have Been Initiated by Federal Agencies, 
States, and Other Organizations: 

Because lack of knowledge of methadone's unique properties has 
contributed to overdose deaths, federal and state officials and other 
experts agreed that more education is needed for practitioners and the 
public about how to safely use methadone and avoid its potential 
dangers. A number of efforts to educate practitioners and the public 
about how to use methadone and other prescription drugs safely have 
been initiated by federal agencies, states, and other organizations. 
Some of these efforts target methadone specifically while others are 
more broadly focused on using opioids to treat pain and preventing 
prescription drug abuse. Some officials and experts we spoke with 
cautioned that methadone is part of a larger problem of prescription 
drug abuse, and that prevention efforts focused on methadone alone 
might have the unintended consequence of shifting similar problems to a 
different drug--much like what occurred with methadone following 
reports of abuse and diversion of OxyContin. 

Educational Efforts Targeted at Methadone: 

In August 2008, SAMHSA announced a 3-year grant of $1.5 million to the 
American Society of Addiction Medicine to educate physicians and other 
practitioners on the appropriate use of methadone to treat pain and 
opioid addiction. The grant is to establish the Physician Clinical 
Support System for methadone, offering free support to prescribing 
physicians and other practitioners. SAMHSA reported that this system 
would include mentoring support, observation of practice, and 
consultative services by phone and e-mail. The system would also inform 
prospective practitioners through a Web site and published resources 
about science-based best practice guidelines for treating opioid 
addiction. According to SAMHSA, this initiative would aim to address 
the rise in methadone-associated overdose deaths spurred by misuse and 
abuse. 

SAMHSA also has several current or planned educational initiatives 
focusing on OTPs. A risk management course for practitioners will focus 
on the safe use of methadone in OTPs, with a special emphasis on the 
beginning of treatment. The course will also educate OTP practitioners 
about using other drugs in conjunction with methadone, including 
benzodiazepines. In addition, SAMHSA is working with two work groups 
that include experts from academia, medical associations, medical 
researchers, and other federal agencies, such as FDA, to develop 
additional methadone-specific guidelines. One work group is reviewing 
available information to develop best practices on methadone and 
cardiac issues. The guidance will help practitioners identify patients 
at risk for cardiac arrhythmias that may be exacerbated by methadone, 
and provide information on how to monitor those patients for ongoing 
risks. Another work group is reviewing methadone interactions with 
other common drugs, including HIV drugs. The ensuing guidelines will 
help practitioners safely treat patients who may be receiving several 
drugs simultaneously. 

SAMHSA is also collaborating with FDA on a consumer education campaign 
designed to increase awareness of the potential for serious, life- 
threatening side effects in patients taking methadone for pain 
management or addiction treatment. FDA reports that the multimedia 
educational campaign would target OTPs and patients, pharmacies 
dispensing methadone, practitioners, and the public. According to FDA, 
materials developed for the campaign would include a brochure or flyer, 
fact sheets, podcasts, and online information. SAMHSA reported that the 
materials were scheduled to be finished by April 2009. 

Educational Efforts Targeted at Opioids and Other Prescription Drugs: 

SAMHSA, along with the American Academy of Pain Medicine, the American 
Academy of Family Practitioners, and other medical organizations, has 
developed a continuing medical education course on how to safely use 
prescription pain relievers to treat pain. As of February 2009, 20 
courses had been taught in 16 states. SAMHSA reported that 12 courses 
would be taught in 2009 and that priority would be given to states or 
regions with high per capita rates of opioid-associated overdoses and 
deaths. A brief Web-based version of the course has been developed in 
collaboration with MedScape, an online medical education company. 
Further, a five-module online version of the course will be posted on 
SAMHSA's Web site and disseminated through medical organizations and 
medical schools that offer continuing education credits.[Footnote 49] 

The Federation of State Medical Boards developed a book, Responsible 
Opioid Prescribing: A Physician's Guide, in collaboration with a 
national pain expert.[Footnote 50] The book includes strategies for 
treating chronic pain and reducing the risk of addiction, abuse, and 
diversion. The federation intends to distribute the book through state 
medical boards, and reports that medical boards can customize the book 
to include state-specific statutes, regulations, and guidelines. The 
federation reported that more than 60,000 copies of the book had been 
distributed in 13 states as of October 2008, and it intends to expand 
distribution in 2009 as more funds are raised. 

Officials in the five states we reviewed told us about their states' 
efforts to educate practitioners and the public about controlled 
substances and drug abuse. For example, Kentucky's Operation UNITE 
(Unlawful Narcotics Investigations, Treatment, and Education) works to 
rid communities of illegal drug use, coordinate treatment and support 
for substance abusers, and educate the public on the dangers of drug 
use. New Mexico's Board of Pharmacy participates in the New Mexico Pain 
Policy Initiative, which educates practitioners on requirements for 
prescribing controlled substances and for New Mexico's Prescription 
Drug Monitoring Program. In West Virginia, law enforcement officials, 
physicians, and others have formed a controlled substance advisory 
board to address prescription drug abuse. One of its projects is to 
educate patients on the dangers of diversion by providing them with 
information when they pick up their prescriptions from pharmacies and 
to educate physicians about how to reduce doctor shopping. In addition 
to the five states we reviewed, Utah has also experienced rising 
prescription drug overdose deaths and has implemented two notable 
campaigns intended to reduce deaths and other harm from prescription 
drugs. The Use Only as Directed campaign educates the public about 
protecting themselves from unintentional overdose deaths. The Zero 
Unintentional Deaths campaign educates physicians, chronic pain 
sufferers, and communities about unintentional overdose deaths from 
prescription drugs. 

Federal agencies have also begun educating the public about 
prescription drug abuse. For example, in January 2008, the ONDCP 
through its National Youth Anti-Drug Media Campaign launched a national 
television, print, and online advertising campaign to educate parents 
about teen prescription drug abuse. The campaign includes tips for 
preventing teen prescription drug abuse, such as safeguarding all drugs 
at home, monitoring drug quantities, and properly concealing and 
disposing of old or unused medicines in the trash. SAMHSA also piloted 
a public education program called SMART Rx in which participating 
pharmacies inform customers about controlled substances when they fill 
prescriptions. The information provided covers the risks and dangers 
associated with the opioid or benzodiazepine medication, steps to keep 
the medication from adolescents, and safe disposal of unused 
medications. SAMHSA reported that evaluations suggested that consumers 
found the content useful and kept the information for future reference 
or shared it with someone else. 

DEA and FDA Have Taken Steps to Improve the Safety of Using Methadone: 

Both DEA and FDA have taken steps to improve the safety of using 
methadone. DEA officials told us that the agency formed a methadone 
mortality working group in 2006 to review information related to the 
increases in methadone-associated overdose deaths, including DEA 
methadone distribution data and data from other federal agencies, such 
as FDA and CDC. The data showed that methadone 40 mg diskettes had been 
increasingly prescribed for pain, despite only being FDA approved for 
addiction treatment in OTPs--a practice described as off-label 
prescribing.[Footnote 51] Some experts said that if prescribed for pain 
to a person without a tolerance to opioid drugs, an initial dose of 40 
mg could potentially be deadly. DEA data show that distribution of the 
methadone 40 mg diskettes to retail pharmacies increased almost sixfold 
from about 350,000 grams in 2002 to about 2 million grams in 2007. At 
the same time, distribution to OTPs fell slightly from about 1.4 
million grams to 1.2 million grams. Following their review, DEA 
officials told us that they became concerned about the diskette's 
increased use for pain management. DEA then worked with methadone 
manufacturers, which agreed to voluntarily restrict distribution of the 
diskettes to only OTPs and hospitals. Because the restriction began 
January 1, 2008, it is too soon to determine any effect on methadone- 
associated overdose deaths. DEA reported that it would continue 
monitoring methadone distribution and prescription data to evaluate the 
impact of the initiative. 

In November 2006, FDA approved a revised label for methadone 5 mg and 
10 mg tablets that included new safety information regarding using 
methadone for pain, such as warnings about life-threatening adverse 
events and modified dosage instructions. The revised label states that 
methadone can cause slow or shallow breathing and dangerous changes in 
heartbeat that may not be felt by the patient. The new dosage 
instructions for methadone prescribed for pain state that the usual 
initial dose should be 2.5 mg to 10 mg taken every 8 to 12 hours, or a 
maximum daily dose of 30 mg, slowly adjusted for effect. The previous 
instructions allowed initial total daily doses up to 80 mg a day, which 
several experts said could be hazardous or even deadly. As FDA approved 
the revised methadone label, it also issued a public health advisory 
for health care professionals and patients, stating that prescribing 
methadone is complex and that it should only be prescribed for patients 
with moderate to severe pain when their pain is not improved with other 
non-narcotic pain relievers. The advisory noted that FDA had received 
reports of life-threatening side effects and death in patients taking 
methadone, both those newly starting methadone for pain control and 
those who have switched to methadone after being treated for pain with 
other strong narcotic pain relievers. 

Additionally, in February 2009, FDA sent letters to manufacturers of 
certain opioid drugs, including methadone, indicating that these drugs 
will be required to have a Risk Evaluation and Mitigation Strategy to 
ensure that the benefits of the drugs continue to outweigh the risks. 
In the first of a series of meetings, FDA invited those companies that 
market the affected opioid drugs to a meeting with the agency in March 
to discuss strategy development. Additional steps will include 
discussions with other federal agencies, patient and consumer 
advocates, representatives of the pain and addiction treatment 
communities, health care professionals, and other interested parties. 
FDA is planning a public meeting in late spring or early summer to 
allow for broader public input and participation in this process. 

States May Monitor Prescriptions for Controlled Substances and OTP 
Patient Enrollment to Prevent Abuse and Diversion: 

States may monitor prescriptions for controlled substances and OTP 
patient enrollment to prevent abuse and diversion. Prescription drug 
monitoring programs facilitate the collection, analysis, and reporting 
of information about the prescribing, dispensing, and use of controlled 
substances such as methadone. DEA reported that as of February 2009, 31 
states had operational prescription drug monitoring programs to help 
prevent abuse and diversion of controlled substances, including 
methadone, and 4 of the 5 states we reviewed had operational programs. 
These programs may provide information to practitioners on patients and 
to other entities, such as licensing boards, on prescribing and 
dispensing practices of practitioners, or state law enforcement and 
regulatory agencies, to assist in identifying and investigating 
activities potentially related to the illegal prescribing, dispensing, 
and procuring of controlled substances. According to the Alliance of 
States with Prescription Monitoring Programs, states have found that 
these programs are among the most effective tools to identify and 
prevent drug diversion at the practitioner, pharmacy, and patient 
levels. CDC officials told us that they have a study under way to 
evaluate the impact of state prescription drug monitoring programs on 
drug overdose deaths. 

Prescription drug monitoring programs may vary in ways such as what 
data must be submitted and who has access to the information. For 
example, with respect to access to prescription monitoring data, West 
Virginia allows authorized agents of the state police and federal law 
enforcement agencies to have access to prescription monitoring data. In 
contrast, in Maine, access by law enforcement is more limited as law 
enforcement officials can access prescription monitoring data only by 
grand jury subpoena for cases they are currently investigating. See 
appendix IV for a comparison of some of the characteristics of the four 
prescription drug monitoring programs we reviewed.[Footnote 52] 

However, prescription drug monitoring programs have limitations. Their 
usefulness depends on practitioners using the programs, and in the four 
states we reviewed with prescription drug monitoring programs, 
practitioners' use was not widespread, according to state officials. In 
addition, not every state has a prescription drug monitoring program, 
and state officials we spoke with said that people would sometimes 
cross state borders to obtain prescription drugs in a state without a 
program. Furthermore, while DEA reports that several states' programs 
have the capability of generating reports on out-of-state prescribers 
or patients, they do not routinely disseminate this information to 
other states.[Footnote 53] Another limitation of prescription drug 
monitoring programs mentioned by state officials was the lack of 
patient data on methadone dispensed in OTPs and from federal facilities 
such as Department of Veterans Affairs' hospitals or Indian Health 
Service facilities. Therefore, in the four states we reviewed with a 
prescription drug monitoring program, data on any prescription drugs 
received by patients at these types of facilities would not be captured 
by the program. 

States may also create systems to monitor the population of patients 
enrolled in OTPs. To monitor their patients, OTPs in Florida created a 
central registry designed to ensure that patients do not enroll in 
multiple OTPs within the state, thus preventing patients from receiving 
unsafe levels of methadone or additional methadone that could be 
diverted. Officials said that each OTP patient is given a unique 
identifier and a picture is taken and entered into the registry. All 
Florida OTPs, both nonprofit and for-profit, use the registry, 
according to state officials. 

Agency Comments: 

We provided a draft of this report to HHS and the Department of Justice 
for their review. We received general comments from HHS. (See appendix 
V.) HHS provided clarification that in 1947 when federal law only 
required that new drugs be shown to be safe, FDA approved methadone as 
safe for pain management. When the law was amended in 1962 to impose 
additional requirements for the approval of new drugs, FDA 
retrospectively reviewed the efficacy of methadone for the treatment of 
pain. In addition, HHS stated that an attempt by FDA to restrict the 
distribution of methadone for pain was struck down by a court in the 
1970s. HHS also reiterated that FDA recently sent letters to the 
manufacturers of certain opioid drug products, including methadone, 
indicating that these drugs will be required to have a Risk Evaluation 
and Mitigation Strategy to ensure that the benefits of the drug 
continue to outweigh the risks. Both HHS and the Department of Justice 
provided technical comments on a draft of this report, which we 
incorporated as appropriate. 

As agreed with your offices, unless you publicly announce the contents 
of this report earlier, we plan no further distribution until 30 days 
from the report date. At that time, we will send copies to the Acting 
Secretary of Health and Human Services, the Attorney General, and 
others. The report also will be available at no charge on GAO's Web 
site at [hyperlink, http://www.gao.gov]. 

If you or your staffs have any questions about this report, please 
contact me at (202) 512-7114 or kingk@gao.gov. Contact points for our 
Offices of Congressional Relations and Public Affairs may be found on 
the last page of this report. GAO staff who made major contributions to 
this report are listed in appendix VI. 

Signed by: 

Kathleen King: 
Director, Health Care: 

[End of section] 

Appendix I: Scope and Methodology: 

To examine the regulation of methadone for pain management and 
addiction treatment, we reviewed relevant codified federal statutes and 
regulations pertaining to the prescribing, administering, or dispensing 
of methadone for pain management and addiction treatment. Our review 
was limited to relevant provisions of the Controlled Substances Act and 
implementing regulations, including Department of Justice, Drug 
Enforcement Administration (DEA), and Substance Abuse and Mental Health 
Services Administration (SAMHSA) regulations. We also examined federal 
case law and relevant federal agency policies, including DEA's policy 
statement on dispensing controlled substances for the treatment of 
pain. We interviewed officials at relevant federal agencies, including 
SAMHSA and DEA. We also interviewed officials and reviewed information 
from relevant national associations, including the Federation of State 
Medical Boards. 

In addition, we interviewed officials and examined relevant codified 
statutes and regulations in five selected states. The states we 
reviewed were Florida, Kentucky, Maine, New Mexico, and West Virginia. 
Each of the states met four or more of the following criteria: 

* a top 10 rate of increase in methadone-associated overdose deaths 
from 1999 through 2004,[Footnote 54] 

* a top 10 number of methadone-associated overdose deaths per 1,000,000 
people in 2004, 

* a state or district medical examiner system,[Footnote 55] 

* an operational prescription drug monitoring program,[Footnote 56] 
and: 

* state-focused, methadone-specific research. 

We examined how the prescribing, administering, or dispensing of 
methadone for pain management and addiction treatment were regulated in 
our five selected states. We only examined codified state statutes and 
regulations containing requirements relating to the administering or 
dispensing of methadone in opioid treatment programs (OTP) and the 
prescribing, administering, or dispensing of controlled substances to 
individuals for medical purposes, including pain management.[Footnote 
57] In each state we interviewed officials from the state agency with 
oversight of OTPs, state boards of medicine and pharmacy, and law 
enforcement officials. The findings from our review of these five 
states cannot be generalized to all states. 

To determine the factors contributing to the increase in methadone- 
associated overdose deaths in recent years, we interviewed officials 
from the Centers for Disease Control and Prevention (CDC), DEA, the 
Food and Drug Administration (FDA), the National Drug Intelligence 
Center (NDIC), the National Institutes of Health, the Office of 
National Drug Control Policy (ONDCP), and SAMHSA. We also interviewed 
professional association officials from the American Association for 
the Treatment of Opioid Dependence, the Federation of State Medical 
Boards, HARMD (Helping America Reduce Methadone Deaths), the National 
Alliance of Methadone Advocates, the National Association of Boards of 
Pharmacy, the National Association of Medical Examiners, the National 
Association of State Alcohol and Drug Abuse Directors, and the National 
Association of State Controlled Substances Authorities. In addition, we 
interviewed pain management, addiction treatment, and forensic science 
experts. 

We reviewed national reports, including reports based on the 2003 
SAMHSA Methadone Mortality Assessment and 2007 Reassessment and a 
November 2007 NDIC report on methadone mortality. We reviewed CDC 
methadone poisoning death data from the National Vital Statistics 
System, which tabulates information reported on death certificates. We 
interviewed CDC officials to obtain information about the reliability 
of their methadone mortality data, including how CDC ensures the 
quality of the data and any data limitations. In addition, we 
interviewed officials in our five selected states' medical examiners' 
offices about the factors contributing to the increase in methadone- 
associated overdose deaths in their states. We also reviewed state data 
and studies from our five selected states and interviewed researchers 
about their efforts to investigate methadone-associated overdose deaths 
in their states. However, because there is no standard definition for 
what constitutes a methadone-associated overdose death, there may be 
some variation in how states define this term and how they report these 
numbers. For example, data from Florida distinguish whether methadone 
was simply present or was the cause of death, but not all states make 
this distinction. Defining methadone's role in a death can also be 
complicated by inconsistencies in determining and reporting causes of 
death, by the presence of other drugs, and by the absence of 
information about the source of methadone and the deceased person's 
level of opioid tolerance. Results from these five state studies cannot 
be generalized to other states. 

We reviewed relevant DEA data, including Automation of Reports and 
Consolidated Orders System (ARCOS) data, DEA National Forensic 
Laboratory Information System (NFLIS) data, and DEA Theft and Loss 
data. 

* ARCOS is an automated drug reporting system that monitors the flow of 
DEA controlled substances from the point of manufacture through 
commercial distribution channels to the point of retail sale or 
distribution, including hospitals, retail pharmacies, practitioners, 
midlevel practitioners, and teaching institutions. ARCOS summarizes 
these transactions into reports, which give federal and state 
government investigators information that can then be used to identify 
the diversion of controlled substances into illicit channels of 
distribution. 

* NFLIS systematically collects results from solid dosage drug analyses 
conducted by state and local forensic labs across the country. NFLIS 
provides information for monitoring and understanding drug abuse and 
trafficking involving both controlled and noncontrolled substances in 
the United States, including the diversion of legally manufactured 
drugs into illegal markets. As of March 2007, 44 state lab systems and 
94 local lab systems, comprising 274 individual labs, were 
participating. Because NFLIS is a voluntary reporting system and the 
number of participating state and local laboratories has changed over 
time, DEA officials recommended that we report the NFLIS national 
estimates of analyzed drug items, instead of the actual numbers, to 
show trends over time, which they said would not be affected by the 
number of labs participating each year. DEA's national estimates are 
calculated every year based on a national sample model of state and 
local laboratories. DEA officials told us they began producing national 
estimates in 2001. 

* DEA's Theft and Loss database collects data on theft and loss of 
controlled substances by number of thefts; drug and dosage forms; 
business type, including pharmacies, hospitals, and manufacturers; and 
type of theft, such as night break-in or armed robbery. DEA registrants 
are required to report theft and loss of controlled substances to DEA. 
Although the database contains information on the forms of controlled 
substances lost or stolen, DEA officials told us there is no standard 
liquid dosage unit that would allow us to provide the total volume of 
liquid methadone stolen; therefore, we did not report thefts by form of 
methadone. 

We interviewed DEA officials to learn about data collection; quality 
control, such as edit checks; and any limitations of these databases. 
We determined that these three sources of data were sufficiently 
reliable for use in this report, and included any limitations 
identified. 

To determine steps taken to prevent methadone-associated overdose 
deaths, we interviewed officials at relevant federal agencies, 
including CDC, DEA, FDA, ONDCP, and SAMHSA. We also interviewed 
officials from relevant national associations, including the Federation 
of State Medical Boards, National Association of Medical Examiners, and 
National Association of State Controlled Substances Authorities, and 
experts in pain management, addiction treatment, and forensic science. 
In addition, we reviewed relevant studies and reports about efforts to 
prevent methadone and other prescription drug overdose deaths and 
interviewed officials in our five selected states to learn about 
initiatives in their states. To obtain additional information about 
prescription drug monitoring initiatives, we examined relevant codified 
statutes and regulations in our five selected states. We only reviewed 
codified state statutes or regulations relating to systems that monitor 
the prescribing of controlled substances. The findings from our review 
of these five states cannot be generalized to all states. 

Because many efforts under way to prevent methadone-associated overdose 
deaths are new, their effectiveness has not yet been evaluated. Also, 
because we interviewed experts, officials from select organizations, 
and state officials, our findings do not represent all efforts to 
prevent these deaths. Finally, because methadone is part of a larger 
problem of prescription drug abuse and overdose deaths, many of the 
efforts are not focused on methadone alone. 

We conducted our work from November 2007 through February 2009 in 
accordance with all sections of GAO's Quality Assurance Framework that 
are relevant to our objectives. The framework requires that we plan and 
perform the engagement to obtain sufficient and appropriate evidence to 
meet our stated objectives and to discuss any limitations in our work. 
We believe that the information and data obtained, and the analysis 
conducted, provide a reasonable basis for any findings and conclusions. 

[End of section] 

Appendix II: Comparison of Federal and Selected States' OTP 
Regulations: 

The following table describes selected requirements of the federal OTP 
regulations, as well as selected requirements of the OTP regulations in 
Florida, Kentucky, Maine, New Mexico, and West Virginia.[Footnote 58] 

Authority: 

Federal: 42 C.F.R. pts. 2, 8; 
Florida: Fla. Admin. Code Ann. §§ 65D-30.004, 30.014; 
Kentucky: 908 Ky. Admin. Regs. § 1:340; 
Maine: Code Me. R. 14-188 Ch. 5 §§ 1-19; 
New Mexico: N.M. Admin. Code tit. 7, § 32.8; 
West Virginia[A]: W. Va. Code St. R. §§ 64-90-1 - 64-90-47. 

Dosing[B]: 

Federal: 
* Oral form only; must be formulated so as to reduce its potential for 
parenteral abuse. (§ 8.12(h)(3)(i)); 
* For each new patient, initial dose shall not exceed 30 mg and the 
total dose for the first day shall not exceed 40 mg unless the program 
physician documents in the patient's record that 40 mg did not work. (§ 
8.12(h)(3)(ii)); 

Florida: Before a client receives an initial dose of methadone or other 
medication, physician must document current physiological addiction, 
history of addiction and exemptions from criteria for admission. (§ 65D-
30.014(4)(e)(1)); 

Kentucky: 
* Dose means a 1-day quantity of an approved controlled substance, 
administered on site, in not less than 1 fluid ounce of an oral 
solution, formulated to minimize misuse by injection (1:340.1(7)); 
* Proposed programs must include in their applications initial and 
daily dosage levels and daily dosage levels. (1:340.4(3)(x), (y)); 
* Medical record must indicate reason for dose changes and must be 
signed by the medical director or program physician. (1:340.6(5)); 

Maine: Initial doses of methadone must not exceed 30 mg unless the 
physician documents the need for a higher dose. (§ 19.8.6.5); 

New Mexico: 
* Initial dose must not exceed 30 mg.; 
* If 30 mg does not reduce withdrawal symptoms, may provide additional 
10 mg only if documented; 
* If 40 mg does not reduce withdrawal symptoms, may provide additional 
dose only if documented; 
* Subsequent doses are based on the patient's needs. (§ 7.32.8.21(D)); 

West Virginia[A]: 
* The initial full-day dose of medication shall be based on the 
physician's evaluation of the history and condition of the patient; 
* Usual initial dose of methadone should be 20 to 30 mg. Reasons for 
exceeding an initial dose of 30 mg must be documented; 
* Initial dose should not exceed 40 mg unless physician or prescribing 
professional documents that symptoms were not suppressed after a 3-hour 
period of observation; 
* Justification for daily doses above 100 mg must be documented. (§ 64-
90-35). 

Take home conditions: 

Federal: Decision made by medical director who must consider the 
following criteria: 
* Absence of recent drug abuse, including alcohol abuse; 
* Regularity of clinic attendance; 
* Absence of serious behavioral problems at the clinic; 
* Absence of known recent criminal activity; 
* Stability of patient's home environment and social relationships; 
* Length of time in comprehensive maintenance treatment; 
* Assurances of safe storage at patient's home; 
* Rehabilitative benefit outweighs the potential risks of diversion. (§ 
8.12(i)(2));
Florida: Permitted only for clients participating in a methadone 
maintenance regimen under following conditions: 
* No evidence of recent drug abuse; 
* Regular attendance at OTP; 
* No serious behavioral problems at the OTP; 
* No recent criminal activity; 
* Stable home environment and social relationships; 
* Sufficient length of time in treatment; 
* Assurances that take-home medication can be stored safely; 
* Satisfactory progress in treatment to warrant decreasing the 
frequency of attendance; 
* Verifiable source of legitimate income. (§ 65D-30.014(5)(d)); 
Kentucky: Conditions for entering each of the phases: 
* Phase 1: No program infractions for 90 consecutive days; 
* Phase 2: No program infractions for 180 consecutive days; pursuing 
one of the following: gainful employment, vocational training, higher 
education, volunteer opportunities, or parenting classes if a stay-at-
home parent; 
* Phase 3: No program infractions for 270 consecutive days; same entry 
requirements as for phase 2; 
* Phase 4: Successful completion of phase 3 and adhered to program 
requirements for 2 consecutive years. (1:340.11); 
Maine: 
* Results of drug tests must be reviewed and considered as part of the 
treatment planning process and decisions for take-home dosing (§ 
19.8.6.6); 
* All decisions regarding take-home privileges shall be documented in 
the client record and shall comply with the requirements cited in 42 
C.F.R. pt. 8. (§ 19.8.10.1); 
New Mexico: Decision to be made by program medical director based on 
the following criteria: 
* Absence of recent drug abuse, including alcohol abuse; 
* Regularity of program attendance; 
* Length of time in comprehensive maintenance treatment; 
* Absence of known criminal activity; 
* Absence of serious behavioral problems at the program; 
* Special needs such as physical health needs; 
* Assurance that medication can be safely stored in patient's home; 
* Stability of patient's home environment and social relationships; 
* Patient's work, school, and daily activity schedule; 
* Hardship traveling to and from the program; 
* Rehabilitative benefit outweighs the potential risk of diversion. (§ 
7.32.8.23(B));
West Virginia[A]: Must consider the following criteria in determining 
patient eligibility: 
* Cessation of illicit drug use; 
* Regularity of program attendance. 
* Length of time and level of treatment in medication therapy (ability 
to self-medicate); 
* Absence of recent criminal activity; 
* Absence of serious behavioral problems; 
* Absence of abuse of drugs, including excessive use of alcohol; 
* Other special needs of the patient, such as split dosing, physical 
health needs, pain treatment, etc.; 
* Capacity to safely store take-home medication; 
* Stability of the home environment and social relationships; 
* Patient's work, school, or other daily life activity schedule; 
* Hardship in traveling to and from the program; 
Program physician may approve temporary unsupervised take-home doses 
for documented emergencies or other exceptional circumstances. (§ 64-90-
41). 

Take-home dosing: 

Federal: 
* Any patient may receive a single take-home dose for days clinic is 
closed (§ 8.12(i)(1)); 
* First 90 days of treatment - one single dose each week; 
* 91-180 days - Two doses per week; 
* 181-270 days - Three doses per week; 
* 271 days to 1 year-maximum 6-day supply; 
* After 1 year of continuous treatment - 2-week supply; 
* After 2 years of continuous treatment - 1-month supply, but must make 
monthly visits (§ 8.12(i)(3)); 
* No medications may be dispensed to patients in short-term 
detoxification treatment or interim maintenance treatment for 
unsupervised or take-home use. (§ 8.12(i)(4)); 

Florida: 
* Must be available to all methadone clients during holidays, but only 
if clinically advisable (§ 65D-30.014(4)(g)); 
* No take-home doses permitted during the first 30 days in treatment 
unless approved by the state authority; 
* Clients in continuous treatment may qualify with negative drug 
screens as follows: 
- Phase I: Days 31-90 - one take-home dose per week; 
- Phase II: Days 91-180 - two take-home doses per week; 
- Phase III: Days 181- 1 year - three take-home doses per week with no 
more than a 2-day supply at any one time; 
- Phase IV: After 1 year - four take-home doses per week with no more 
than a 2-day supply at a time; 
- Phase V: After 2 years - five take-home doses per week with no more 
than a 3-day supply at a time; 
- Phase VI: After 3 years in treatment - six take-home doses per week 
(§ 65D-30.014(5)(e)). 

Kentucky: 
* Days 1-90: No take-home doses; 
* Phase 1: One take-home dose per week; 
* Phase 2 and 3: Up to two take-home doses per week; 
* Phase 4: Up to three take-home doses per week; 
* Under emergency conditions, a program may issue 14 consecutive days 
of take-home doses without notification of Center for Substance Abuse 
Treatment (CSAT); must notify state narcotic authority and request an 
exception to dosing procedures; 
* Medical director or program physician may grant an exception, subject 
to written approval from state narcotic authority for clients with 
serious physical disabilities or subject to exceptional hardship; 
* State narcotic authority may grant additional exceptions for medical 
emergency or natural disaster (1:340.11, 1:340.16). 

Maine: 
* Take-home methadone shall be dispensed in liquid form only in single 
dose containers, or in dry form only in multiple dose containers; 
* No take-home privileges during the first 90 continuous days of 
treatment; 
* 91-180 days: One take-home dose per week; 
* 181-270 days: Two take-home doses per week; 
* 271-360 days: Three take-home doses per week; 
* 361 days onward: Six take-home doses per week (§ 19.8.10); 
* Certain exceptions for emergencies. (§ 19.8.12). 

New Mexico: 
* A patient in comprehensive maintenance treatment may receive a single 
dose of take-home medication for each day that a provider is closed; 
* During the first 90 days, One take-home dose per week maximum; 
* 91-180 days: Two take-home doses per week maximum; 
* 181-270 days: Three take-home doses per week maximum; 
* For the remaining months of the year, 6 days of medication maximum 
per week; 
* After 1 year of continuous treatment, maximum 2-week take-home 
supply; 
* After 2 years, maximum of 1-month take-home supply, but must make 
monthly visits; 
* Exceptions made only as provided by federal OTP regulations and as 
approved by the state methadone authority (§ 7.32.8.23(C), (D)). 

West Virginia[A]: 
* For the first 90 days of treatment: A single take-home dose for the 
week of each holiday that the clinic is closed; 
* First 30 days of treatment: No take-home doses except the holiday 
dose; 
* 31-90 days: One take-home dose per week plus the holiday dose; 
* 91-180 days: Two take-home doses per week; 
* 181-270 days: Three take-home doses per week; 
* Remainder of the first year: Maximum 6-day supply; 
* Second year of treatment: Maximum 13-day supply; 
* After 2 years of continuous treatment: Maximum 1-month supply with 
monthly visits; 
* State authority may approve exceptional unsupervised doses on a case-
by-case basis if the program physician applies (§ 64-90-41.6, 41.7). 

Hours of operation: 

Federal: No requirements specified. 

Florida: 
* Must be open Monday through Saturday; 
* Must have medicating hours and counseling hours that accommodate 
clients, including 2 hours of medicating time daily outside of 9:00 
a.m. to 5:00 p.m; 
* Must medicate on Sundays according to client needs; 
* Must give a minimum of a 7-day notice for observed holidays; 
* No two holidays can occur in immediate succession unless provider is 
granted an exemption by the federal authority; 
* On days when provider is closed, services must be accessible to 
clients for whom take-out methadone is not clinically advisable (§ 65D-
30.014(4)(g)); 

Kentucky: Must be open 7 days a week with the optional exception of 
nine specified holidays (1:340.6(16)); 

Maine: Must be open 7 days weekly, including all holidays. (§ 
19.8.4.2). 

New Mexico: Must be open every day of the week except for federal and 
state holidays, and Sundays, and be closed only as allowed in advance 
in writing by CSAT and the state methadone authority (§ 7.32.8.18(C)). 

West Virginia[A]: 
* Must provide 24-hour, 7-day a week access to designated program staff 
so that patient emergencies may be addressed and dosage levels verified 
(§ 64-90-20.1.c); 
* Must be open 7 days per week, but may close for eight holidays and 
two training days per year (§ 64-90-41.6.a). 

Recordkeeping (for purposes of enrollment in other OTPs): 

Federal: Must document that OTP made a good faith effort to determine 
if patient is enrolled in any other OTP. (§ 8.12(g)(2)); May disclose 
patient records to a central registry or to any detoxification or 
maintenance treatment program not more than 200 miles away for the 
purpose of preventing the multiple enrollment of a patient only if 
specified conditions are met: 
* when disclosure is allowed; 
* what information may be disclosed, and; 
* written patient consent(§ 2.34). 

Florida: 
* Must participate in regional registry activities for the purpose of 
sharing client identifying information with other providers located 
within a 100-mile radius, to prevent the multiple enrollment of clients 
at more than one provider; 
* A record of violations by individual clients shall become part of the 
record maintained in an automated system that may be accessed by all 
participating providers (§ 65D-30.014(4)(f)(1), (7)). 

Kentucky: Proposed programs must include in their applications a system 
to prevent client's multiple program registration (1:340.4(3)(k)). 

Maine: Prior to admitting a client, must confirm using the Office of 
Substance Abuse's system that client is not currently enrolled in 
another OTP. If system is unavailable, must check with all OTPs within 
3 calendar days of admission (§ 19.8.4.4-5). 

New Mexico: 
-Must make and document good faith efforts to determine that a patient 
seeking admission is not receiving opioid dependency treatment 
medication from any other source, within the bounds of all applicable 
patient confidentiality laws and regulations; 
* Must confirm that the patient is not receiving treatment from any 
other OTP, except under exceptional circumstances, within a 50-mile 
radius of its location, by contacting any such program or by using the 
central registry, when established; 
* The Department of Health may establish an Internet-based registry of 
all current patients of a New Mexico OTP for the purpose of creating a 
system that prevents patients from receiving medication from more than 
one OTP. Each OTP as a condition of approval to operate shall 
participate in the central registry as directed by the Department of 
Health (§ 7.32.8.19(F), (G)). 

West Virginia[A]: 
* Must have a procedure for ensuring that patients are not enrolled in 
more than one OTP; 
* When practicable, must obtain a release of information from the 
patient in order to check the records by telephone or fax of every OTP 
within 100 miles to ensure that the patient is not currently enrolled 
in other programs; 
* The release must state that only prior admissions may be the subject 
of inquiry, not contacts without admission; 
* Results of the check must be placed in the clinical record; 
* The check shall be duplicated if the patient is discharged and 
readmitted at any time (§ 64-90-30). 

Source: GAO analysis of federal OTP regulations and selected 
requirements of OTP regulations in Florida, Kentucky, Maine, New 
Mexico, and West Virginia. 

[A] West Virginia has adopted 42 C.F.R. pt. 8 in its entirety by 
reference and provides that to the extent there is a conflict between 
federal regulations or standards and the standards set forth in this 
rule, the more stringent standard applies. W. Va. Code St. R. § 64-90- 
2.3. 

[B] Dosing refers to standards for doses of methadone. 

[End of table] 

[End of section] 

Appendix III: Data and Research regarding Methadone-Associated Overdose 
Deaths in Five States: 

The following information on methadone-associated overdose deaths in 
Florida, Kentucky, Maine, New Mexico, and West Virginia was taken from 
data and research in these states. 

State: Florida[A]; 
Years studied: 2007; 
Number of methadone-associated overdose deaths: 1,095; 
Decedent characteristics: Ages of decedents: 
<18: 2%; 
18-25: 21%; 
26-34: 23%; 
35-50: 38%; 
>50: 17%; 
n=785[B]; 
Drugs detected: Methadone only: 11%; Drugs in combination with 
methadone: 89%; n=1,095; 
Sources of methadone: No data available. 

State: Kentucky[C]; 
Years studied: 2000-2004; 
Number of methadone-associated overdose deaths: 176[D]; 
Decedent characteristics: 
Caucasian: 100%; 
Male: 60%; 
Mean age: 38 years; 
Drugs detected: 
Methadone only: 6%; 
Drugs in combination with methadone:[E]; Antidepressants: 40%; 
Benzodiazepines: 32%; Additional opioids: 28%; 
Sources of methadone: Private physician: 48%; Illicit means: 20%; OTP: 
10%; Unknown: 22%; n=95[F]. 

State: Maine[G]; 
Years studied: 1997-2002; 
Number of methadone-associated overdose deaths: 88[H]; 
Decedent characteristics: 
All drug-related deaths: Caucasian: 96%; Male: 62%; Mean age: 40 years; 
Other known health conditions: Mental illness: 55%; Drug abuse: 50%; 
Drugs detected: Methadone deaths: Methadone primary or secondary causal 
factor: 88%; Methadone a significant contributing factor: 12%; n=66[I]; 
Sources of methadone: Limited data available. 

State: New Mexico[J]; 
Years studied: 1998-2002; 
Number of methadone-associated overdose deaths: 143[K]; 
Decedent characteristics: White non-Hispanic: 55%; Male: 75%; Median 
age: 40 years; 
Other known health conditions: Mental illness: 24%; Drug abuse: 25%; 
Drugs detected: Methadone only: 22%; Drugs in combination with 
methadone:[E]; Prescription drugs (no illicit drugs): 24%; Illicit 
drugs: 50%; 
Sources of methadone: Methadone maintenance treatment: 39%; 
Prescription for chronic pain: 34%; Prescription for unknown reason: 
13%; Diversion: 14%; n=79[F]. 

State: West Virginia[L]; 
Years studied: 2006; 
Number of methadone-associated overdose deaths: 112[M]; 
Decedent characteristics: All drug-related deaths:[N]; Male: 67%; Mean 
age: 39 years; 
Substance abuse indicators, all drug-related deaths:[N]; History of 
substance abuse: 78%; Used diverted pharmaceuticals: 63%; Doctor 
shopped (Five or more prescribing clinicians in the year before death): 
21%; 
Drugs detected: Methadone only: 26%; Drugs in combination with 
methadone:[E]; Other prescription drugs: 63%; Illicit drugs: 13%; 
Alcohol: 10%; 
Sources of methadone: Diversion: 68%; Prescription: 21%; OTP: 11%. 

Source: GAO summary of data and research from Florida, Maine, and 
published manuscripts. 

Note: Percentages may not total 100 percent because of rounding. 

[A] Florida Department of Law Enforcement, Medical Examiners 
Commission, Drugs Identified in Deceased Persons by Florida Medical 
Examiners: 2007 Report (June 2008). 

[B] Of the total 1,095 deaths, methadone was determined to be the cause 
of death in 785 cases. 

[C] L.B.E. Shields et al., "Methadone Toxicity Fatalities: A Review of 
Medical Examiner Cases in a Large Metropolitan Area," Journal of 
Forensic Sciences, vol. 52, no. 6 (2007). 

[D] Deaths ascribed to methadone toxicity by the state of Kentucky's 
Office of the Chief Medical Examiner. 

[E] Many overdose deaths were found to have several drugs present; 
therefore, these percentages should not be totaled. 

[F] Number of methadone-associated overdose deaths for which 
information was available about the source of methadone. 

[G] Marcella H. Sorg and Margaret Greenwald, Maine Drug-Related 
Mortality Patterns: 1997-2002, a special report prepared in cooperation 
with the Maine Office of the Attorney General and Maine Office of 
Substance Abuse, December 2002. 

[H] Medical examiner cases in which a drug or toxic substance caused 
the death; specifically, deaths in which methadone was found in 
toxicology results. 

[I] Methadone-associated overdose deaths in which methadone was listed 
on the death certificate. 

[J] N. Shah, S. L. Lathrop, and M. G. Landen, "Unintentional Methadone- 
Related Overdose Death in New Mexico (USA) and Implications for 
Surveillance, 1998-2002," Addiction, vol. 100, no. 2 (2005). 

[K] Unintentional drug overdose deaths in which methadone was cited as 
a cause of death, alone or in combination with another drug. 

[L] A. J. Hall et al., "Patterns of Abuse Among Unintentional 
Pharmaceutical Overdose Fatalities," JAMA, vol. 300, no. 22 (2008). 

[M] Unintentional drug overdose deaths for which an autopsy was 
performed that determined that methadone contributed to the death. 

[N] This research was focused more broadly on overdose deaths rather 
than methadone alone; therefore, the decedent characteristic statistics 
apply to all drug overdose deaths studied. 

[End of table] 

[End of section] 

Appendix IV: Comparison of Prescription Drug Monitoring Programs in 
Four Selected States: 

Program information: Name of program; 
Kentucky: Kentucky All-Schedule Prescription Electronic Reporting 
System (KASPER); 
Maine: Controlled Substances Prescription Monitoring Program; 
New Mexico: Controlled Substance Prescription Monitoring Program; 
West Virginia: West Virginia Controlled Substances Monitoring. 

Program information: Year established[A]; 
Kentucky: 1998; 
Maine: 2003; 
New Mexico: 2004; 
West Virginia: 2002[B]. 

Program information: Oversight agency; 
Kentucky: Drug Enforcement and Professional Practices Branch, Office of 
Inspector General, Cabinet for Health and Family Services; 
Maine: Office of Substance Abuse, Department of Health and Human 
Services; 
New Mexico: Board of Pharmacy; 
West Virginia: Board of Pharmacy. 

Program information: Controlled substances covered; 
Kentucky: Schedule II, III, IV, and V; 
Maine: Schedule II, III, and IV; 
New Mexico: Schedule II, III, and IV; 
West Virginia: Schedule II, III, and IV. 

Program information: Who must provide information; 
Kentucky: Authorized dispensers of controlled substances; Includes 
dispensers located outside Kentucky but authorized by Kentucky's Board 
of Pharmacy to dispense controlled substances[C]; 
Maine: Individuals authorized to dispense or administer controlled 
substances; 
New Mexico: Authorized dispensers; Does not include licensed hospital 
pharmacies that distribute controlled substances for inpatient hospital 
care; 
West Virginia: Individuals authorized to dispense or administer 
controlled substances[D]; Includes pharmacists or pharmacies located 
outside the state but licensed by the Board of Pharmacy for delivery to 
a person residing in the state. 

Program information: Who may have access; 
Kentucky: Practitioners or pharmacists for current patients; Board 
representatives involved in a specific investigation of licensees who 
are authorized to prescribe, administer, or dispense controlled 
substances; Kentucky boards of medical licensure and nursing, regarding 
reviews of improper prescribing practices related to geographic area or 
business relationship; State Medicaid program for a Medicaid recipient 
or provider; Certified peace officer engaged in a specific 
investigation; Grand jury pursuant to a subpoena; Judge or probation or 
parole officer regarding a criminal defendant eligible for a court-
ordered drug addiction program; Civil actions and criminal 
proceedings[E]; Another state program via reciprocal agreement; 
Maine: Prescribers for current patients; Pharmacists for customers 
filling prescriptions; Patients; Board representatives for an 
investigation of a licensed prescriber with reasonable cause; Office 
personnel or personnel of any vendor or contractor, to establish and 
maintain the program's electronic system; For public research purposes 
if identifying information has been removed; Law enforcement for 
limited purposes[F]; 
New Mexico: Authorized prescribers and dispensers; Patients; Boards for 
licensees; Professional licensing authorities of other states if their 
licensees practice in the state or prescriptions issued by their 
licensees are dispensed in the state; State Medicaid program; Public or 
private entities for research purposes, without identifying 
information; Pharmacy board for oversight of this program; Law 
enforcement or prosecutorial officials engaged in an ongoing 
investigation; Courts under grand jury subpoena or criminal court 
order; 
West Virginia: Prescribing practitioners and pharmacists[G]; Inspectors 
and agents of the Board of Pharmacy; Authorized agents of licensing 
boards of practitioners in West Virginia and other states; Authorized 
agents of the Bureau for Medical Services and the Workers' Compensation 
Commission; Any person engaged in receiving, processing, or storing the 
information received by the central repository; For educational, 
scholarly, or statistical purposes, without identifying information; 
Authorized members of the state police; Authorized local and federal 
law enforcement agents who are members of a drug task force; Persons 
with a court order or administrative subpoena. 

Program information: Authorities; 
Kentucky: Ky. Rev. Stat. Ann. §§ 218A.202; 218A.245; 902 Ky. Admin. 
Regs. 55:110; 
Maine: Me. Rev. Stat. Ann. Tit. 22, §§ 7245-7252; 14-118 Code Me. R. 
ch. 11, §§ 1-9; 
New Mexico: N.M. Stat. Ann. § 30-31-16; N.M. Admin. Code tit. 16, §§ 
19.29.1-.13; 
West Virginia: W. Va. Code Ann. §§ 60A-9-1 -60A-9-7; W. Va. Code St. R. 
§§ 15-8-1 - 15-8-7. 

Source: GAO analysis of state prescription drug monitoring program laws 
and regulations in Kentucky, Maine, New Mexico, and West Virginia. 

Note: GAO selected five states to review for this study: Florida, 
Kentucky, Maine, New Mexico, and West Virginia. However, Florida does 
not have a prescription monitoring program. 

[A] This references the effective year of the state law or regulation 
that provided the authority to establish the state's prescription drug 
monitoring program. 

[B] West Virginia first established a monitoring program in 1995. The 
current version of the program dates to 2002. 

[C] In Kentucky, reporting is not required for drugs administered 
directly to patients or drugs dispensed by practitioners at licensed 
facilities if the quantity dispensed is limited to an amount adequate 
for 48 hours of treatment. 

[D] In West Virginia, reporting is not required for a drug administered 
directly to a patient or dispensed by a practitioner at a state- 
licensed facility, provided that the quantity dispensed is limited to 
an amount adequate for up to 72 hours with no more than two 72-hour 
cycles in any 15-day period. 

[E] A Kentucky court recently determined that the state law prohibiting 
disclosure of KASPER data for purposes of a civil action was 
unconstitutional and therefore cannot be enforced. The court further 
determined that such disclosures can be made for civil actions if a 
court conducts a review prior to requiring disclosure. See 
Commonwealth, Cabinet for Health & Family Services v. Chauvin, No. 2008-
CA-000027-OA, 2008 WL 2388671 (Ky. Ct. appendix June 13, 2008). A 
Kentucky court also recently determined that a criminal defendant had 
the right to obtain KASPER data for discovery purposes during a 
criminal proceeding. The court found that the defendant's right to due 
and compulsory process took precedence over any limitations in access 
authority under state law. See Commonwealth, Cabinet for Health & 
Family Services v. Bartlett, No. 2008-CA-000046-OA, 2008 WL 2388690 
(Ky. Ct. appendix June 13, 2008). 

[F] According to a Maine official, law enforcement officials also have 
access to prescription monitoring data, but only by grand jury subpoena 
for cases they are currently investigating. 

[G] In West Virginia, information released must be related to a 
specific patient for the purpose of providing treatment or a specific 
individual or entity under investigation by any party that has access. 
Prescribing practitioners may also request data related to their 
federal registration for controlled substances. 

[End of table] 

[End of section] 

Appendix V: Comments from the Department of Health and Human Services: 

Department Of Health & Human Services: 
Office Of The Secretary: 
Assistant Secretary for Legislation: 
Washington, DC 20201: 

March 20, 2009: 

Kathleen King: 
Director, Health Care: 
U.S. Government Accountability Office: 
441 G Street, NW: 
Washington, DC 20548: 

Dear Ms. King: 

Enclosed are the Department's comments on the U.S. Government 
Accountability Office's (GAO) draft report entitled: "Methadone-
Associated Overdose Deaths: Factors Contributing to Increased Deaths 
and Efforts to Prevent Them (GAO-09-341). 

The Department appreciates the opportunity to comment on this draft 
report before its publication. 

Sincerely, 

Signed by: 

Barbara Pisaro Clark: 
Acting Assistant Secretary for Legislation: 
Attachment: 

General Comment For The Department Of Health And Human Services (HHS) 
To The Government Accountability Office's (GAO) Draft Report Entitled, 
Methadone-Associated Overdose Deaths - Factors Contributing To 
Increased Deaths And Efforts To Prevent Them (GAO-09-341): 

In the report, GAO provides a description of options available to FDA 
to restrict distribution of a drug product, or to require other risk 
management strategies. It must be clarified that methadone was 
originally approved in 1947, when the prevailing laws and regulations 
required only that a drug be shown to be safe. Subsequently, when the 
law was amended in 1962 to require demonstration of efficacy, the 
efficacy of - methadone for the treatment of pain and the appropriate 
labeling for the product was reviewed under the Drug Efficacy Study 
Implementation process, which retrospectively evaluated the efficacy of 
all drugs approved prior to the efficacy requirement. 

When the use of methadone for the treatment of opioid dependence was 
approved, FDA attempted to implement restriction of distribution of 
methadone for pain, but this effort was struck down in court in the 
1970s. 

On February 6, 2009, FDA sent letters to manufacturers of certain 
opioid drug products, including brand name and generic drugs formulated 
with the active ingredient, methadone, indicating that these drugs will 
be required to have a Risk Evaluation and Mitigation Strategy (REMS) to 
ensure that the benefits of the drugs continue to outweigh the risks. 
See [hyperlink, 
http://www.fda.gov/crier/ding/infopage/opioids/OpioidProducts_chart.htm.
FDA has determined that a REMS is necessary to help reduce the 
occurrence of serious adverse events, abuse, diversion and addiction, 
to facilitate safe and appropriate use of these drugs. FDA has begun to 
hold a series of stakeholder meetings with those companies that market 
the affected opioid drugs to discuss REMS development. Additional steps 
will include discussions with other federal agencies and non-government 
institutions, including patient and consumer advocates, representatives 
of the pain and addiction treatment communities, other health care 
professionals and other interested parties. FDA is planning a public 
meeting in late spring or early summer to allow for broader public 
input and participation. 

[End of section] 

Appendix VI: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Kathleen King, (202) 512-7114 or kingk@gao.gov: 

Acknowledgments: 

In addition to the contact named above, key contributors to this report 
were Bonnie Anderson, Assistant Director; Lisa A. Lusk; Lisa Motley; 
Christina Ritchie; Hemi Tewarson; and Timothy Walker. 

[End of section] 

Footnotes: 

[1] CDC data regarding overdose deaths include those resulting from 
accidental or intentional overdoses of a drug, being given the wrong 
drug, taking the wrong drug in error, or taking a drug inadvertently. 
The majority of overdose deaths are unintentional, according to CDC. 
CDC's data on overdose deaths do not include deaths in which drugs are 
present but the cause of death was determined to be something other 
than a drug overdose, such as cancer or motor vehicle traffic crashes. 

[2] In this report we are using "methadone-associated overdose deaths" 
to refer to overdose deaths in which methadone was listed on a state 
death certificate as contributing to the death. 

[3] Narcotics are drugs derived from opium or opium-like compounds, 
with potent pain relief effects and with the potential for dependence 
and tolerance following repeated administration. 

[4] Opioids are synthetic drugs, such as methadone, possessing narcotic 
properties similar to opiates but not derived from opium. 

[5] For purposes of this report, OTPs refers to when practitioners 
dispense and administer narcotic drugs for maintenance or 
detoxification treatment, which also may be known as narcotic treatment 
programs. 

[6] The types of practitioners who prescribe controlled substances such 
as methadone vary among states. The majority of prescribing 
practitioners are physicians, but nonphysicians may also prescribe, 
including physician assistants, dentists, and certain types of nurses, 
such as nurse practitioners and advanced practice nurses. For purposes 
of this report, "practitioner" includes persons such as physicians or 
nurse practitioners who may prescribe, administer, or dispense 
controlled substances, or pharmacists who dispense controlled 
substances. 

[7] Under the Controlled Substances Act, drugs are classified as 
controlled substances and placed into one of five schedules based on 
the extent to which a drug has an accepted medical use, its potential 
for abuse, and the degree of psychological or physical dependence. 
Schedule I drugs have no accepted medical use and, along with Schedule 
II drugs, have a higher potential for abuse than drugs in Schedules III 
through V. Schedule II drugs have the highest potential for abuse of 
any schedule drugs that have an accepted medical use. See Pub. L. No. 
91-513, Tit. II, § 202, 84 Stat. 1242, 1247-1252 (1970) (codified, as 
amended, at 21 U.S.C. § 812). 

[8] Diversion can involve illegal sales of prescription drugs by 
physicians, patients, or pharmacists, as well as obtaining controlled 
substances from Internet pharmacies without a valid prescription. 
Diversion can also involve such activities as "doctor shopping" by 
individuals who visit numerous physicians to obtain multiple 
prescriptions, prescription forgery, and pharmacy theft. 

[9] When we made our state selection for this study, 2004 CDC data on 
methadone-associated overdose deaths were the most current data 
available. However, 2005 data have since been published. 

[10] CDC, FDA, and SAMHSA are all part of the Department of Health and 
Human Services (HHS). 

[11] In October 2002, FDA approved certain forms of the drug 
buprenorphine for use in opioid addiction treatment. Given this 
approval and because buprenorphine is a Schedule III drug, the drug may 
be prescribed, dispensed, or administered by qualified physicians for 
the treatment of opioid addiction outside of an OTP. This means that 
these physicians are not required to obtain the federal registration 
and certification that are required for OTPs when they meet certain 
conditions, including obtaining required training, holding appropriate 
licensure and certifications, having the capacity to refer patients to 
appropriate counseling, and limiting the number of patients treated at 
any one time. LAAM is indicated as a second-line treatment for opioid 
addiction if patients fail to respond to methadone or buprenorphine. 
According to FDA officials, the manufacturer of LAAM discontinued 
marketing this drug in 2003 and it is currently not available. 

[12] Practitioners dispensing or administering Schedule II drugs for 
opioid addiction treatment must register for this purpose with the 
Attorney General on an annual basis. One condition of this registration 
is being determined qualified by the Secretary of Health and Human 
Services for the treatment of opioid addiction. An OTP must obtain a 
valid certification from SAMHSA in order to be considered qualified by 
the Secretary. There are, however, a few exceptions. For example, OTP 
registration and certification is not required when a hospital provides 
maintenance or detoxification treatment to a patient who is admitted 
for a medical condition other than opioid addiction but who requires 
this treatment during his or her stay. 

[13] According to SAMHSA, Montana, Wyoming, South Dakota, and North 
Dakota do not have federally certified OTPs. 

[14] In 1947, when federal law only required that new drugs be shown to 
be safe, FDA determined that methadone was safe for pain management. 
Subsequently in 1962, when the law was amended to impose additional 
requirements for the approval of new drugs, including the demonstration 
of their efficacy, FDA retrospectively evaluated methadone and 
determined that the drug was also effective for pain management. 

[15] In 1999, the name of the Agency for Health Care Policy and 
Research was changed to the Agency for Healthcare Research and Quality. 
The agency, which is part of HHS, is responsible for supporting 
research designed to improve the quality of health care, reduce its 
costs, and broaden access to essential services. 

[16] The Joint Commission was formerly known as the Joint Commission on 
Accreditation of Healthcare Organizations or JCAHO. 

[17] See Pub. L. No. 91-513, Tit. II, 84 Stat. 1242 (1970) (codified, 
as amended, at 21 U.S.C. §§ 801, et seq.); see also 21 C.F.R. §§ 
1300.01, et seq. 

[18] As Schedule II controlled substances have a high potential for 
abuse and the potential for severe psychological or physical 
dependence, these drugs are subject to certain federal requirements 
including storage security and a quota on manufacturing. In addition, 
Schedule II drugs may only be dispensed by pharmacists with 
nonrefillable written prescriptions except in emergency situations when 
the drugs may be dispensed upon an oral prescription. When used for 
opioid addiction treatment, however, Schedule II drugs may only be 
dispensed or administered but not prescribed by registered 
practitioners. This means that for addiction treatment, patients cannot 
obtain prescriptions from their physicians for Schedule II drugs. 

[19] See 21 U.S.C. §§ 353, 355, 355-1; see also 21 C.F.R. Part 310. 

[20] CDC reports that a poison is any substance that is harmful to your 
body when ingested, inhaled, injected, or absorbed through the skin. 
Any substance taken in excess, including a prescription drug, can be a 
poison. Therefore, CDC categorizes drug overdoses as drug poisonings. 
In this report, we refer to CDC poisoning data as drug overdose data. 

[21] According to a 2007 article in the American Journal of Forensic 
Medicine and Pathology, about 31 percent of counties in the United 
States are served by a medical examiner at the county, district, or 
state level. R. Hanzlick, "The Conversion of Coroner Systems to Medical 
Examiner Systems in the United States: A Lull in the Action," American 
Journal of Forensic Medicine and Pathology, vol. 28, no. 4 (2007). 

[22] For purposes of this report, we only reviewed relevant state laws 
and regulations from five states, Florida, Kentucky, Maine, New Mexico, 
and West Virginia. Accordingly, references to state laws and 
regulations in the report are limited to our findings in these five 
states and cannot be generalized to include any other state. 

[23] See 21 U.S.C. §§ 801, et seq.; see also 21 C.F.R. §§ 1300.01, et 
seq. In guidance, DEA has also clarified that the legal standard for 
prescribing controlled substances, including methadone, to treat pain 
is the same as that for prescribing controlled substances generally. 
See 71 Fed. Reg. 52,716 (2006). 

[24] 21 U.S.C. §§ 822(a)(2), 823(f). The Attorney General may register 
a practitioner to dispense, administer, or prescribe controlled 
substances in Schedules II through V if the applicant meets certain 
criteria, including being authorized to dispense, administer, or 
prescribe controlled substances under the laws of the states in which 
they practice. Practitioners must reapply for this registration every 3 
years. 21 C.F.R. §1301.13. 

[25] For purposes of this requirement, "practitioner" refers to any 
person or entity that dispenses a controlled substance, including 
physicians, hospitals, pharmacists, and pharmacies. 

[26] 21 U.S.C. § 829(a), 21 C.F.R. § 1306.11. Pharmacists, however, may 
dispense Schedule II drugs upon an oral prescription in emergency 
situations, with the prescribing practitioner providing a written 
prescription within 7 days of the oral prescription. 

[27] 21 U.S.C. § 829(a), 21 C.F.R. § 1306.04(a). The Supreme Court has 
stated that under the Controlled Substances Act, Congress regulates 
medical practice insofar as it bars doctors from using prescription- 
writing powers as a means to engage in illicit drug dealing and 
trafficking. Beyond this, however, the act manifests no intent to 
regulate the practice of medicine. This silence is understandable given 
the structure and limits of federalism, which allow the states' great 
latitude to legislate as to the protection of the health of their 
citizens. See Gonzales vs. Oregon, 546 U.S. 243, 269-70 (2006). 

[28] As discussed previously, as of 2008, if FDA identifies postmarket 
safety concerns for drugs, the agency may take specific actions such as 
requiring drug manufacturers to make safety-related changes to a drug's 
labeling or to implement a Risk Evaluation and Mitigation Strategy. 
Such oversight could have an impact on the dispensing, administering, 
or prescribing of certain controlled substances, including methadone. 

[29] There are certain exceptions to this requirement. For example, in 
Florida, Maine, New Mexico, and West Virginia, pharmacists may dispense 
Schedule II controlled substances upon an oral prescription of a 
practitioner in an emergency situation. 

[30] In Florida, the Department of Health issues a license to medical 
doctors upon certification by Florida's Board of Medicine and also 
issues a license to osteopathic physicians upon certification by 
Florida's Board of Osteopathic Medicine. 

[31] Oversight of nonphysicians, such as nurse practitioners who may be 
licensed to prescribe controlled substances, may be provided by other 
state agencies, such as boards of nursing. 

[32] In Florida, the Department of Health issues a license to 
pharmacists upon certification by Florida's Board of Pharmacy. 

[33] Florida law defines intractable pain as pain for which, in the 
generally accepted course of medical practice, the cause cannot be 
removed and otherwise treated. Practitioners may prescribe controlled 
substances for this pain provided that they do so in accordance with 
that level of care, skill, and treatment recognized by a reasonably 
prudent physician under similar circumstances. Fla. Stat. Ann. § 
458.326. 

[34] These steps include patient evaluations; establishment of a 
written treatment plan; obtaining informed consent from the patient; 
reviewing the course of treatment periodically; referring the patient 
for additional evaluation, when necessary; and treatment and 
maintaining complete records. Fla. Admin. Code Ann. § 64B8-9.013. 

[35] There are certain distinctions in requirements that apply to 
methadone as a controlled substance when used for different purposes. 
For example, under federal law, prescriptions may not be issued for 
Schedule II drugs, including methadone, when used for opioid addiction 
treatment. Accordingly, federal requirements described previously, 
which address prescriptions for Schedule II controlled substances, do 
not apply to OTPs. 

[36] These requirements also apply to buprenorphine, which is another 
FDA-approved medication for treating opioid addiction. 

[37] 21 U.S.C. § 823(g). Practitioners that dispense or administer 
narcotic drugs to individuals for maintenance or detoxification 
treatment must obtain a separate registration for that purpose from the 
Attorney General on an annual basis. This registration is distinct from 
the registration required for any practitioner that dispenses, 
administers, or prescribes controlled substances in Schedules II 
through V described previously. 

[38] 21 U.S.C. § 823(g)(1)(B). In order for the Attorney General to 
register an applicant to dispense or administer narcotic drugs for 
maintenance or detoxification treatment, the Attorney General must 
determine that the applicant will comply with federal standards for 
securing stocks of narcotic drugs and maintaining records on such 
drugs. 

[39] 21 U.S.C. § 823(g)(1)(A). In order for the Attorney General to 
register an applicant to dispense narcotic drugs for maintenance or 
detoxification treatment, the Secretary of Health and Human Services 
must determine that the practitioner is qualified to engage in the 
treatment for which the registration is sought. 

[40] Previously FDA, on behalf of the Secretary of Health and Human 
Services, determined whether OTPs were qualified in accordance with the 
agency's regulations. As part of its oversight role, FDA was required 
to periodically inspect OTPs to determine whether they were in 
compliance with regulations and therefore qualified for purposes of 
registration with the Attorney General. In 2001, these federal 
regulations were modified, replacing FDA with SAMHSA as the primary 
agency responsible for implementation of OTP standards. The modified 
regulations also introduced an accreditation and certification process 
for OTPs. See 66 Fed. Reg. 4076 (2001). 

[41] 21 U.S.C. § 823(g)(1)(C). In order for the Attorney General to 
register an applicant to dispense narcotic drugs for maintenance or 
detoxification treatment, the Secretary of Health and Human Services 
must determine that the applicant will comply with the Secretary's 
standards for quantities of narcotic drugs, which may be provided for 
unsupervised use by individuals in such treatment. 

[42] Any patient in comprehensive maintenance treatment may receive a 
single take-home dose for the day that the OTP is closed. Beyond this, 
however, the medical director of the OTP must determine which patients 
may qualify for unsupervised use of methadone by considering the 
criteria identified in table 1. 

[43] One of the requirements for SAMHSA's certification for OTPs is the 
OTPs' compliance with all applicable state laws and regulations. 

[44] In Kentucky, OTPs may close for nine specified holidays. In West 
Virginia, OTPs may close for eight holidays and two training days per 
year. 

[45] For additional information regarding OxyContin abuse and 
diversion, see GAO, Prescription Drugs: OxyContin Abuse and Diversion 
and Efforts to Address the Problem, [hyperlink, 
http://www.gao.gov/products/GAO-04-110] (Washington, D.C.: Dec. 23, 
2003). 

[46] DEA defines a drug item as an exhibit that is an integral 
component of physical evidence within a submission or case that is 
examined and individually specified in a laboratory analysis report. 
For example, a drug item could be a bottle of pills or a bottle of 
liquid methadone. 

[47] Data available from Florida do not include information on the 
source of methadone for those who died, and research from Maine did not 
contain information regarding the source of methadone for most deaths. 

[48] The benzodiazepine family of depressants is used therapeutically 
to produce sedation, induce sleep, relieve anxiety and muscle spasms, 
and prevent seizures. It includes drugs such as Xanax and Valium. 

[49] The American Medical Association (AMA) reports that many state 
medical boards require continuing medical education for license re- 
registration. The AMA also reports that some states mandate content 
topics, such as HIV/AIDS, pain management, or prescribing controlled 
substances. However, according to the AMA, none of the five states we 
reviewed had continuing education requirements specific to prescribing 
methadone. 

[50] Scott M. Fishman, Responsible Opioid Prescribing: A Physician's 
Guide (Washington, D.C.: Waterford Life Sciences, 2007). 

[51] According to FDA, the prescribing of a drug product for an off- 
label use by a physician in the course of the practice of medicine is 
not a violation of federal requirements. 

[52] Florida does not have a prescription drug monitoring program. 

[53] DEA officials told us that states may not routinely disseminate 
information to other states due to concerns such as patient privacy, or 
technical difficulties in sharing data between different data systems. 

[54] When we made our state selection for this study and interviewed 
officials and collected data from these states, 2004 Centers for 
Disease Control and Prevention data on methadone-associated overdose 
deaths were the most current available; however, 2005 data have since 
been published. 

[55] We selected this criterion because these medical examiners would 
be likely to have access to all the death records for the entire state. 
Therefore, a broad perspective on what is occurring with methadone- 
associated overdoses in the state is more likely. 

[56] We selected this criterion because prescription drug monitoring 
programs have been cited as a tool to prevent methadone abuse and 
diversion. In addition, if a state has an operational prescription drug 
monitoring program, researchers can often determine whether someone who 
died from a methadone overdose had a prescription. 

[57] For purposes of this report, OTPs refers to when practitioners 
dispense and administer narcotic drugs for maintenance or 
detoxification treatment, which also may be known as narcotic treatment 
programs. 

[58] For purposes of this table, we refer to federal and state programs 
when practitioners dispense and administer methadone for maintenance or 
detoxification treatment as OTPs. However, Florida designates these 
programs as medication and methadone maintenance treatment and New 
Mexico designates these programs as narcotic treatment programs. 

[End of section] 

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