Fig. 9.1
Surveyed anesthesiologists affected by drug shortages
Prior to delving into the causes of and concerns with drug shortages, it is important to define the term. Surprisingly, the meaning changes depending upon who is defining the word “shortages”. The Food and Drug Administration (FDA) states that a shortage is “a situation in which the total supply of all clinically interchangeable versions of an FDA-regulated drug is inadequate to meet the current or projected demand at the patient level” [2]. Alternatively, the American Society of Health-Systems Pharmacists (ASHP) defines a shortage as “a supply issue that affects how the pharmacy prepares or dispenses a drug product or influences patient care when prescribers must use an alternate agent” [3]. While these definitions are subtly different, shortages may be more widespread depending on who is asked. Also, crucial to this definition is legislation that allows compounding pharmacies to make medications that are on the shortage list. This could be a concern to public health due to less national oversight of these pharmacies with the potential for contamination and public health dangers [4].
Manufacturing and Supplying Medications
To understand the causes of drug shortages, it is useful to explore the creation of a medication from the manufacturing and distribution points of view (Fig. 9.2). A pharmaceutical company needs to acquire raw products and then combine them to create the finished medication. Problems with the procurement of raw materials, such as civil unrest or a labor strike could be the initial hurdle. Despite the fact that 80% of the active ingredients used in pharmaceuticals come from outside of the United States, disruptions in delivery accounted for less than 10% of shortages from 2010 to 2011 [5]. Transportation of these materials to the factory could result in delays. Once all necessary materials are in the factory, reliable equipment is crucial. Machinery malfunction, loss of sterility, contamination with particulate matter, and other unacceptable outcomes can arise (Fig. 9.3). Once packaged, the medication is then transported to regional distribution centers across the United States. It is possible that due to inadequate planning or a sudden change in regional demand, one such center may be without the medication while other distribution centers have ample stock. These regional variances in supply could still result in national shortages. For example, when an anticipated shortage is announced, 89% of hospital purchasing agents buy excess inventory, which could increase the duration of a shortage [6]. From these regional distribution centers, the medications find their way into health care pharmacies for dispensation.
Fig. 9.2
Pharmaceutical supply chain. US Food and Drug Administration http://www.fda.gov/Drugs/DrugSafety/DrugShortages/ucm277626.htm
Fig. 9.3
Causes of drug of shortages
The story is also valuable from the procurement side. Clearly, a health care facility’s pharmacy staff doesn’t call multiple factories to obtain pricing and place orders for the thousands of products used. Rather, group purchasing organizations (GPOs) have been developed to handle this complex task. The GPOs then negotiate pricing and place orders with factories on behalf of their customers. What’s important to understand is that health systems, since they are businesses, want to pay the lowest possible price for their products. While this sounds intuitive (nobody goes shopping and offers to pay higher prices), it has led to unintended consequences. Because there are few GPOs that handle the vast majority of health care systems, they have tremendous negotiating power with the manufacturers. In fact, they have so much power that the profit margins of most medications in short supply are razor thin. This has many effects: (1) with such small profit margins, there is no value for competing manufacturers to enter the market; (2) with GPOs controlling such large swaths of the market, it would be equally challenging and risky for a new manufacturer to enter the market without guaranteed contracts [7]; (3) when a machine breaks down for one of the low-profit generics, there is less incentive to repair the machinery; (4) because drug manufacturers make multiple products, if machinery breaks down for one of the more profitable medications, a manufacturer will often move this product to a generic line’s equipment, when possible, to reap greater rewards; and (5) there is minimal incentive to provide more than the basic necessary maintenance of the equipment on the generic lines.
The other challenge is the practice of just-in-time inventory. Because the health care pharmacy and the regional distributors do not want cases of medications stored on site (lack of space and too much capital tied up), factories have followed suit. Therefore, medications are made and shipped rapidly. There is no “extra fat” built into the system. Thus, when a product manufacturing line goes down for whatever reason, existing stores of medications are used up at their normal rate, but there is no replacement forthcoming. All of the above issues lead to the major cause of drug shortages: lack of redundancy in the manufacturing supply chain [8]. Three manufacturers account for 70% of the sterile injectable market in the United States, and in some cases, one company is responsible for 90% or more of a drug [9]. For these critical medications, that’s just not safe.
Ethical Discussion: Generalities
When evaluating the ethical implications of a situation or intervention, it is helpful to partition the discussion into the main silos of bioethics: autonomy, beneficence, nonmaleficence, and distributive justice. For the topic of drug shortages, this becomes quite useful before dissecting the more practical questions that should be addressed.
Autonomy, as it relates to drug shortages, arises with the situation of informed consent of the patient when using replacement medications. While the specific discussion of informed consent will be covered below, what is important to realize is that when scheduling procedures or operations, patients are forced to change their routines. Patients need to be granted a leave from their job, they need to arrange for child care, and they may need relatives or friends available to help them after the procedure. In many instances, this involves travel for both the patient and those friends and relatives. Therefore, the threshold for a patient to postpone a procedure is often much greater than it might be when simply weighing the science involved in the decision. As long as the patient understands the potentially increased side effects or recovery, the patient can choose a path that may seem unpleasant or unrealistic to the caregiver. This is why a complete discussion with the patient is ideal prior to making unilateral decisions.
Beneficence is the notion that the provider always wants to do the best thing for the patient. However, the “best” thing from the provider’s perspective may not be the “best” thing from the patient’s perspective, when other factors are taken into account, as described above. Furthermore, absolutism may not be the best path to follow, despite the inherent fact that “best” is an absolute. As an example, in appropriate patients, succinylcholine is the “best” muscle relaxant to perform a rapid sequence induction. Should the absence of this medication force the institution to close the emergency room doors and transfer all emergency operations to another facility? In this sense, beneficence needs to be balanced against competing interests. Beneficence from a single perspective may not be beneficent at all.
Nonmaleficence is the theory of non-harm, and this is the topic where different providers of care may have different perspectives as to what is fair, safe, and appropriate. What one caregiver considers dangerous, another may deem safe. This notion of not proceeding without the full armamentarium of medications needs to be balanced with the potential psychological or physiologic damage to the patient kept waiting for surgery. As a tangible example, if a patient scheduled for a surgery to resect contained colon cancer is postponed until “better” medications become available to the facility, the risk is taken that the cancer will progress to a worse stage. It cannot be argued that postoperative nausea and vomiting is “less bad” than newly metastatic colon cancer, and care must be taken to evaluate the entire scenario and all competing interests.
Distributive justice plays a clear role when the ideas of rationing or hoarding arise. Drug shortages necessarily mean that someone will be without medications, and great care must be ensured to minimize that this allocation is done as fairly as possible. This will be discussed more robustly below.
Ethical Challenges: Specifics
One of the key issues with drug shortages is to define exactly how front-line physicians are affected by shortages (Fig. 9.4). At least one professional society, the American Society of Anesthesiologists, has addressed this topic [10]. Anesthesiologists are often faced with the challenge to use medications that are less familiar, have more side effects, may be less efficacious, and in some circumstances may result in less than optimal patient outcomes. One example is a case in which propofol was unavailable, so the hospital ordered multidose vials of methohexital. The operating room pharmacist dispensed an inappropriate dose to the anesthesiology department, and the anesthesiologist incorrectly diluted the medication giving the patient an eight-fold overdose leading to cardiac arrest and death [11]. In addition to these potential and real tragedies, these adaptations need to be done minimizing the production pressures involved with operating room throughput. To frame this from a different perspective, imagine if a vascular surgeon needed to perform a distal bypass, but successfully do so without bulldogs, without three of the most commonly used sutures, without the correct blades, and still complete the operation in the usual amount of time. You can bet that surgeon wouldn’t remain silent about the deficiencies but complain to every person with ears. Because of the direct effect on the practice of anesthesia, anesthesiologists do have an ethical and professional responsibility to participate in the development of solutions to this societal problem.