| A.T.F.
Volume III, #3. Fall, 1994, Page 2
A.T. Forum interviewed Lorae Phelan, RN, MS, CAC,
to get her perspectives on issues important to nurses. She is Nurse
Manager of North Charles Institute of the Addictions in Cambridge, MA;
a clinic which treats 185 methadone patients.
A.T. FORUM: What is or should be the role of nurses in MMT clinics?
LORAE PHELAN: The role of MMT nurses is to safely administer the medication
to their clients. What I mean by safely is that methadone is a narcotic
that may have negative medical sequela with certain other prescriptive
or nonprescriptive drugs on board. While administering the medication,
nurses are performing rapid physical and psychological assessments of
the client and are looking for indicators of illness, intoxication or
drug withdrawal. If evidenced, the methadone is withheld and a formal
assessment is conducted.
At our clinic, nurses are also counselors with individual caseloads
and lead 2 or 3 groups per week.
A.T.F.: Is that typical of many clinics?
PHELAN: I don't think it is. At the clinics that I know of, nurses are
utilized for the administration of the medication, mostly known as "dosing
nurses."
A.T.F.: What do you see as the benefits of having nurses as counselors?
PHELAN: I think clients benefit a great deal from having a nurse/counselor
for their treatment. Nurses are trained and educated to view the person
holistically. Treatment modalities are formulated from bio-psychosocial
and, for some, spiritual assessments. Nurses are also educated in pharmacology
and have a greater comprehension of medications and their actions, interactions
and adversities than counselors who are not familiar with this knowledge.
At times, physical abnormalities affect the mind and the mood. I think
nurses are more likely to quickly detect such aberrations and make the
proper intervention.
A.T.F.: To do what you're saying don't nurses need more extensive training
than they normally receive?
PHELAN: That depends on the individual nurse's academic education and
experience. However, all of our clinical staff receive a year long addictions
treatment course through the Harvard Affiliated Center for Addictions
Treatment.
A.T.F.: What are some of the greatest challenges that nurses run into
in their responsibilities?
PHELAN: Some MMT clients use illicit drugs and may have them on board
when they come for their dose. Often they are savvy enough to pull themselves
together for the brief appearance in the dosing clinic and pass the
"rapid assessment" of the nurse. Later, the nurse may learn
of the client's using and wonder if they missed something. This is very
hard for a nurse whose priority is always client safety.
Another challenge is not always knowing the client's medical history.
If they present with symptoms, we don't know if it's a pre-existing
condition or not or what medication they're on, and often the client
doesn't know either. Of course we will ascertain that information when
a formal assessment is completed but that is time-consuming. Not knowing
is anxiety provoking in times of crisis.
A.T.F.: How are MMT nurses typically viewed? Are they held in high esteem?
PHELAN: Among our clients, I would say yes. With the nursing profession
and society in general, I would say no.
A.T.F.: Why is that?
PHELAN: There's a negative stereotype associated with MMT. Many in the
nursing profession are not well educated in additions, especially in
MMT. All too often, methadone is not recognized as a legitimate medication
by the nursing profession. Our clients are viewed as drug addicts or
dope fiends first rather than as clients in need of care. The stigma
assigned to the client is sometimes extended to the client caretaker,
i.e., the nurse. This is felt through the disrespect that nurses encounter
when interfacing with other professionals while performing client case
management.
A.T.F.: You've been using the term 'client' as opposed to 'patient,'
why is that?
PHELAN: Client I think is actually more respectful than patient; they
are consumers who pay for services and treatment. The term patient is
more an in-hospital description and not as commonly used in the out-patient
sector.
I have a question for you. Are there any nurses associations for MMT
nurses?
A.T.F.: Do you think there'd be enough interest on the part of nurses
like yourself to participate in such an organization?
PHELAN: Good question! I know I would be interested. Perhaps we'll hear
from your readers with their answers to this question.
Equal Access to
MMT a Right of Everyone
In a landmark legal case, a California federal judge
has declared that state residents who qualify for government-subsidized
medical treatment cannot be denied methadone maintenance treatment just
because they don't happen to live in one of the 25 counties that have
MMT program. A.T. Forum interviewed Reda Sobky, M.D., Ph.D., the conscientious
addiction treatment professional who initiated the lawsuit. Dr. Sobky
is Medical Director and Founder of Humanistic Alternatives to Addiction,
Research, and Treatment (HAART) in San Francisco.
A.T. FORUM: How did your lawsuit come about?
DR. SOBKY: We were informed by Alameda county three years ago (1991)
that they were no longer going to fund Medicaid beneficiaries for methadone
maintenance. We indicated that was inappropriate and probably illegal,
as Medicaid coverage is required by federal law and legislated on the
federal level.
The county refused to give in, so we contacted the state. In the process
we discovered that the program is required by federal law to be statewide
and that Medicaid eligible methadone patients also had other rights
that were being disregarded in the State of California.
A.T.F.: What were some of those rights?
SOBKY: Methadone patients should receive the service in a reasonable
timeframe, and the scope and duration of treatment should be adequate
to address their problem. Historically in California people waited three
to four years for Medi-Cal supported slots (Medi-Cal is the California
name for Medicaid.)
A.T.F.: So you used as the plaintiff?
SOBKY: Yes, there is a provision in American law that allows a physician
to sue on behalf of a patient. With the assistance of San Francisco
attorney Amitai Schwartz, we went before U.S. District Judge David F.
Levi in Sacramento and asked him to examine the rights of those patients
and give us preliminary injunctive relief and hopefully a summary judgment.
Halfway through the suit we qualified a certain number of patients from
the clinic so that they could be part of a class action suit.
The judge immediately gave us a preliminary injunction. He also found
that there were six other counties in California, besides Alameda county,
that had private methadone treatment but no access for Medi-Cal patients.
However, federal Medicaid law provides beneficiaries access to the same
community resources that are available to persons who can pay their
own way. But, in those seven counties, there was no such access.
The state contacted the seven counties and asked their drug program
administrators if they would accept the contract with the state and
act as a conduit for funding to fulfill the judge's order. Six out of
the seven counties refused. So, the judge required the state to contract
directly with clinics in those counties.
The judge further noted that if one person had to stay on a waiting
list for three years to get into treatment while another person was
able to get into treatment immediately, it constituted discrimination.
The judge issued a ruling which said that no Medicaid beneficiary may
be denied access to methadone maintenance due to lack of funds or budgetary
constraints and that the wait has to be reasonable.
A.T.F.: What is reasonable?
SOBKY: I think it's a local decision depending on the services available,
but I would say between 30 and 120 days maximum.
Another important point in the judge's ruling is that the scope (e.g.
quality) of the services must be comparable to the services provided
to cash paying patients. And the duration of treatment has to be sufficient
so as to mitigate the effects of the disease or disorder; it is based
on medical necessity, not on an arbitrarily fixed period of time. All
of this just finally happened last July (1994).
A.T.F.: How many counties in California have methadone maintenance programs?
SOBKY: Twenty-five counties out of 50 total.
A.T.F.: So, if a patient didn't live in one of those 25 counties, he/she
was out of luck when it came to getting support from Medi-Cal for methadone
treatment; is that right?
SOBKY: That was before the judge's injunction. Now patients are allowed
to commute to the closest clinic to them no matter which county it's
in. The program is statewide, so counties are prohibited from discriminating
against patients based on their addresses.
A.T.F.: Are there any further implications of this case?
SOBKY: Part of the reason why this lawsuit was necessary is that there
is a tremendous confusion in the drug treatment field about the treatment
rights of Medicaid beneficiaries versus other community-specific programs.
Medicaid access right are in federal law and are mandated; they are
entitlements and are not subject to negotiation with the state or individual
counties.
However, there are also discretionary funds, such as block grants, which
legitimately may be used in community-specific efforts. There are also
county funds which the county raises through taxes, and those can be
used in any way to serve the particular community. But, federal Medicaid
funds that are matched by state funds to provide benefits to the poor
are not subject to a county process of reallocation. That is a very
important legal principal and it needs to be understood nationally.
A.T.F.: What should our readers in other parts of the U.S. be doing?
SOBKY: It's very important for addiction treatment professionals around
the country to look at the situations in their own states and see if
methadone maintenance has been declared a benefit or not. If it has
been declared a benefit and money has been obtained from the federal
government through Medicaid to serve those patients, then the program
has to conform to federal requirements in terms of equal access, scope
of services and duration of treatment.
A.T.F.: Are drug addiction patients at a disadvantage when it comes
to realizing their full rights and benefits under the law?
SOBKY: I believe that many rights and privileges which medical patients
in general enjoy are not enjoyed by drug treatment patients because
they are stigmatized. They do not have an organized consumer lobby or
consumer organizations to litigate and assert their rights under the
law. That's why I had to take the action I did.
Where to Get Info
A Phone Number to Note
Put this number in your personal phone book and let your fingers do
the walking to a vast array of vital information: 800-788-2800.
Via this single number, callers can reach all seven federal alcohol
and drug clearinghouses which are sponsored either by the Department
of Health and Human Services, the Department of Justice, or the Department
of Housing and Urban Development.
The info sources include: National Clearinghouse for Alcohol & Drug
Information; National Criminal Justice Reference Service; Drug Information
& Strategy Clearinghouse; National AIDS Clearinghouse; Drug Abuse
Information & Treatment Referral Line; Drug-Free Workplace Helpline;
Drugs & Crime Data Center & Clearinghouse.
This network of resources provides ready access to thousands of helpful
documents, plus personalized assistance to solve a problem or meet the
special needs of patients. Some clearinghouses publish regular newsletters
which are available for the asking.
Guidelines Help Direct Treatment of Patients with AIDS or HIV
"Guidelines for Facilities Treating Chemically Dependent Patients
At Risk for AIDS or Infected by HIV" is must reading for clinic
personnel. This 34-page booklet was first developed by the American
Society of Addiction Medicine (ASAM) in 1987 and updated in 1991.
The guidelines authoritatively describe how staff members can respond
effectively, safely, and humanely to the needs of patients who have
AIDS, HIV infection, or are at risk for HIV infection.
Some topics include: Precautions for caregivers; testing and counseling;
symptoms of HIV infection, dealing with family members and significant
others; legal concerns and other service needs; preventing transmission.
A sample patient consent form for HIV antibody testing is provided,
as are references for additional reading and a listing of resources
for further help and information. To receive a copy contact: American
Society of Addiction Medicine, 5225 Wisconsin Avenue, NW, Ste. 409,
Washington, D.C. 20015. Phone: 301-656-3920
Research Notes
APA Takes a Stand on MMT
In a significant move the distinguished Council on Addiction Psychiatry
of the American Psychiatric Association (APA) has officially endorsed
the value of Methadone Maintenance Treatment.
They state, "Methadone maintenance is an effective treatment for
helping heroin addicts to stop or reduce heroin use. With adequate doses,
the value of methadone maintenance in AIDS prevention strategies has
been demonstrated.
"Methadone maintenance (at adequate doses of 60-100 mg/day) has
shown higher program retention than any other treatment modality. Psychosocial
treatment in addition to methadone medication can substantially improve
the outcome of rehabilitation of heroin addicts. Methadone maintenance
requires years for adequate rehabilitation, and some patients will need
methadone for their lifetimes, as a diabetic needs insulin.
"While some methadone programs need improved oversight and enforcement
of treatment guidelines, many heroin addicts wanting and needing methadone
maintenance are on waiting lists because of inadequate public funding
and support."
High Dose, Indefinite MMT Reduces Risk of Death in Heroin Addicts
A long-term follow-up was made of 307 heroin addicts admitted into a
high-dose Australian MMTP in the early 1970s. It was found that addicts
were nearly three times more likely to die outside of a methadone maintenance
program compared to those in a program.
It was further estimated that patients given a daily methadone dose
of 80 mg were nearly twice as likely to be discharged during the first
three years of maintenance as those given 120 mg/day. The study also
noted that a change in clinic policy from abstinence to indefinite maintenance
reduced to one-third the patients' risk of leaving after three years
of treatment. The authors conclude that, to minimize heroin addicts'
risk of death, they should be offered indefinite, high-dose methadone
maintenance.
(Caplehorn, J.R. "Retention in Methadone Maintenance and Heroin
Addicts' Risk of Death." Addiction, 89:2, 203-209 (1994).)
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