[Federal Register Volume 70, Number 11 (Tuesday, January 18, 2005)]
[Notices]
[Page 2883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-906]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. DEA-261N]


Solicitation of Comments on Dispensing of Controlled Substances 
for the Treatment of Pain

AGENCY: Drug Enforcement Administration (DEA), Department of Justice.

ACTION: Notice; solicitation of comments.

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SUMMARY: On November 16, 2004, DEA published in the Federal Register an 
Interim Policy Statement on the dispensing of controlled substances for 
the treatment of pain. The Interim Policy Statement stated that DEA 
would address the subject in greater detail in a future Federal 
Register document, taking into consideration the views of the medical 
community. DEA is hereby seeking comments from physicians and other 
interested members of the public as to what areas of the law relating 
to the dispensing of controlled substances for the treatment of pain 
they would like DEA to address in the upcoming Federal Register 
document.

DATES: Written comments must be postmarked, and electronic comments 
must be sent, on or before March 21, 2005.

ADDRESSES: To ensure proper handling of comments, please reference 
``Docket No. DEA-261'' on all written and electronic correspondence. 
Written comments being sent via regular mail should be sent to the 
Deputy Administrator, Drug Enforcement Administration, Washington, DC 
20537, Attention: DEA Federal Register Representative/CCD. Written 
comments sent via express mail should be sent to DEA Headquarters, 
Attention: DEA Federal Register Representative/CCD, 2401 Jefferson-
Davis Highway, Alexandria, VA 22301.
    Comments may be directly sent to DEA electronically by sending an 
electronic message to [email protected]. Comments may also 
be sent electronically through http://www.regulations.gov using the 
electronic comment form provided on that site. An electronic copy of 
this document is also available at the http://www.regulations.gov Web 
site. DEA will accept attachments to electronic comments in Microsoft 
Word, WordPerfect, Adobe PDF, or Excel file formats only. DEA will not 
accept any file format other than those specifically listed here.

FOR FURTHER INFORMATION CONTACT: Daniel Dormont, Senior Attorney, Drug 
Enforcement Administration, Washington, DC 20537; telephone: (202) 307-
8010.

SUPPLEMENTARY INFORMATION:
    On November 16, 2004, DEA published in the Federal Register an 
Interim Policy Statement on the dispensing of controlled substances for 
the treatment of pain. 69 FR 67170. The Interim Policy Statement 
explained why an earlier document, which appeared on the DEA Office of 
Diversion Control Web site in August 2004, contained misstatements and 
was not approved as an official statement of the agency. The Interim 
Policy Statement corrected some of the misstatements in the August 2004 
document and announced that DEA would address, in greater detail, the 
subject of dispensing controlled substances for the treatment of pain 
in a future Federal Register document, taking into consideration the 
views of the medical community. This upcoming document will stay within 
the scope of DEA's authority by addressing the law the agency 
administers, the Controlled Substances Act (CSA), and the DEA 
regulations promulgated thereunder, as well as the pertinent court 
decisions. As indicated in the Interim Policy Statement, the document 
will contain a recitation of the relevant provisions of the CSA and DEA 
regulations relating to the dispensing of controlled substances for the 
treatment of pain. The purpose of this recitation will be to provide 
guidance and reassurance to the overwhelming majority of physicians who 
engage in legitimate pain treatment while deterring unlawful 
prescribing and dispensing of pharmaceutical controlled substances.
    As was the case with the Interim Policy Statement, none of the 
principles addressed in the upcoming Federal Register document will be 
new. Rather, the document will reiterate legal concepts that have been 
incorporated in the federal laws and regulations for many years and are 
reflected in federal court decisions and DEA final administrative 
orders. DEA recognizes the desire of many physicians and members of the 
public to have these concepts reiterated in a single, comprehensive 
document. Toward that end, DEA is hereby seeking the input of 
physicians, pharmacists, and other interested members of the public. 
Any person who so desires should indicate, in writing, the areas of the 
law relating to controlled substances that they would like DEA to 
address in the upcoming document. DEA will consider all such comments 
submitted on or before March 21, 2005.

    Dated: January 11, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-906 Filed 1-14-05; 8:45 am]
BILLING CODE 4410-09-P