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| OMB ADMINISTRATIVE RULES ON BARIATRICS PRACTICE |
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Schedule II Controlled Substances - Bariatrics Practice
847-015-0005 (1) A physician shall not utilize a Schedule II controlled substance for purposes of weight reduction or control.
(2) A violation of any provision of this rule, as determined by the Board, shall constitute Unprofessional Conduct as the term is used in ORS 677.188(4)(a),(b), or (c), whether or not actual injury to a patient is established.
Schedule IV Controlled Substances - Bariatrics Practice
847-015-0010 (1) A physician shall not utilize a Schedule IV controlled substance for purposes of weight reduction, other than in accordance with federal Food and Drug Administration (FDA) product guidelines in effect at the time of utilization and with all the provisions of this rule.
(2) A physician may utilize a Schedule IV controlled substance for purposes of weight reduction in the treatment of Exogenous Obesity in a regimen of weight reduction based on caloric restriction, behavior modification and prescribed exercise, provided that all of the following conditions are met:
(a) Before initiating treatment utilizing a Schedule IV controlled substance, the physician determines through review of the physician's own records of prior treatment, or through review of the records of prior treatment which another treating physician or weight-loss program has provided to the physician, that one of the following conditions exist:
(A) Patient's body mass index exceeds 30 Kg/M sq; or
(B) Patient's body mass index exceeds 27 Kg/M sq and the excess weight represents a threat to the patient's health (as with hypertension, diabetes, or hypercholesterolemia.)
(b) Before initiating treatment utilizing a Schedule IV controlled substance, the physician obtains a thorough history, performs a thorough physical examination of the patient, and rules out the existence of any recognized contraindications to the use of the controlled substance to be utilized.
(3) Continuation of Schedule IV designated as FDA short term use controlled substances beyond three (3) months requires documentation of an average two (2) pound per month weight loss during active weight reduction treatment, or documentation of maintenance of goal weight. Use of Schedule IV controlled substances with FDA approval for bariatric therapy and designated for long term use where FDA guidelines are followed may also be used beyond three months.
(4) A violation of any provision of this rule, as determined by the Board, shall constitute Unprofessional Conduct as the term is used in ORS 677.188(4)(a), (b), or (c), whether or not actual injury to a patient is established.
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