In August, the Drug Enforcement Agency (DEA), working with dozens of pain management specialists from across the US, released "Frequently Asked Questions and Answers for Health Care Professionals and Law Enforcement Personnel." Two weeks ago, with no warning, the DEA withdrew the FAQ and removed it from the Internet.
The only statement made by the DEA about the withdrawal of the FAQ was this brief statement on their web site (which has since been removed):
"In August 2004, the Drug Enforcement Administration (DEA) published on its
Office of Diversion Control Web site a document entitled "PRESCRIPTION PAIN
MEDICATIONS: Frequently Asked Questions and Answers for Health Care
Professionals and Law Enforcement Personnel." The document contained
misstatements and has therefore been removed from the DEA Web site. DEA wishes
to emphasize that the document was not approved as an official statement of
the agency and did not and does not have the force and effect of law.
DEA recognizes that the proper use of controlled substances in the treatment
of pain remains an extremely important issue. Accordingly, DEA intends to
address this matter in the future."
I phoned the DEA the next day. Although nobody would speak to me about the FAQ, I was told to email Rogene Waite in DEA Public Affairs, and that she would answer my questions.
In an email to Ms. Waite on October 7, I asked the following questions:
- What, specifically, prompted the withdrawal of the document?
- The DEA statement about the withdrawal of the document cited "misstatements." What were those misstatements?
- The DEA statement also says, "DEA wishes to emphasize that the document was not approved as an official statement of the agency and did not and does not have the force and effect of law." An August 11, 2004, press release from the DEA and Pain & Policies Study Group, includes this comment from DEA Director Tandy, "The medical and law enforcement communities continue to work together to carefully balance the needs of legitimate patients for pain medications against the equally compelling need to protect the public from the risk of addiction and even possible death from these medications," said DEA Administrator Karen P. Tandy, J.D. "We look forward to continuing this successful partnership. The DEA is committed to assisting the overwhelming majority of health care providers who successfully strike that balance every day, as well as the law enforcement officers investigating diversion and abuse of pain medications." Is it customary for Ms. Tandy to make such comments about documents "not approved as an official statement of the agency?"
- The DEA statement concludes by saying, "DEA intends to address this matter in the future." The future can be a very long time to patients in pain. What is the actual time frame for addressing this issue? Who is responsible for following this to be sure it is addressed?
On October 8, I received this response from Ms. Waite:
"I have given your email to my boss. I will get back to you when I have an answer."
I replied, thanking her, and telling her that I wanted to be able to publish an article on this issue on Tuesday, October 12. Since October 11 was a federal holiday, I delayed this article a week, but I still have received no further information from Ms. Waite or anyone else at the DEA.
Why was this FAQ withdrawn? Nobody is saying. It could be something very simple that will soon be rectified, but we don't know. To the people at the DEA who aren't responding to us: You may not think a bit of time matters, but you're mistaken. Pain knows no patience.
Readers, I'll stay with this issue, and keep trying to get information. In
the meantime, if you'd like to call the DEA's Office of Public Affairs yourself,
the phone number is 202-307-7977. If you get any information, please let me
know!
