INTRACTABLE PAIN TREATMENT ACT
Sec. 1. SHORT TITLE. This article may be cited as the Intractable Pain Treatment Act.
Sec. 2. DEFINITIONS. For the purpose of this Act:
(1) "Board" means the Texas State Board of Medical Examiners.
(2) "Physician" means a licensee of the Texas State Board of Medical
Examiners.
(3) "Intractable pain" means a pain state in which the cause of the pain
cannot be removed or otherwise treated and which in the generally accepted
course of medical practice no relief or cure of the cause of the pain is
possible or none has been found after reasonable efforts.
Sec. 3. Prescription or administration of drugs by physician.
Notwithstanding any other provision of law, a physician may prescribe or
administer dangerous drugs or controlled substances to a person in the
course of the physician's treatment of the person for intractable pain.
Sec. 4. Restriction by hospital or health care facility of prescribed drug use prohibited. No hospital or health care facility may forbid or restrict the use of dangerous drugs or controlled substances when prescribed or administered by a physician having staff privileges at that hospital or health care facility for a person diagnosed and treated by a physician for intractable pain.
Sec. 5. Disciplinary action against physician for prescribing or administering drug treatment prohibited.
No physician may be subject to disciplinary action by the board for
prescribing or administering dangerous drugs or controlled substances in
the course of treatment of a person for intractable pain.
Sec. 6. Application of act to chemically dependent persons.
(a) The provisions of the Act shall not apply to those persons being
treated by the physician for chemical dependency because of their use of
dangerous drugs or controlled substances.
(b) The provisions of this Act provide no authority to - a physician to
prescribe or administer dangerous drugs or controlled substances to a
person the physician knows or should know to be using drugs for
nontherapeutic purposes.
Sec. 7. Cancellation, revocation or suspension of physicianıs license.
Nothing in this Act shall deny the right of the Texas State Board of Medical Examiners to cancel, revoke, or suspend the license of any physician who:
(1) prescribes or administers a drug or treatment that is nontherapeutic
in nature or nontherapeutic in the manner the drug or treatment is
administered or prescribed;
(2) fails to keep complete and accurate records of purchases and disposals
of drugs listed in the Texas Controlled Substances Act (Chapter 481,
Health and Safety Code), or of controlled substances scheduled in the
federal Comprehensive Drug Abuse Prevention and Control Act of 1970, 21
U.S.C.A. Section 801 et seq. (Public Law 91- 513). A physician shall keep
records of his purchases and disposals of these drugs to include the date
of purchase, the sale or disposal of the drugs by the physician, the name
and address of the person receiving the drugs, and the reason for the
disposal of or the dispensing of the drugs to the person;
(3) writes false or fictitious prescriptions for dangerous drugs as
defined by Chapter 483, Health and Safety Code for controlled substances
scheduled in the Texas Controlled Substances Act (Chapter 48l, Health and
Safety Code), or for controlled substances scheduled in the federal
Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C.A.
Section 801 et seq. (Public Law 91-513); or
(4) prescribes, administers, or dispenses in a manner not consistent with
public health and welfare dangerous drugs as defined by Chapter 483,
Health and Safety Code, controlled substances scheduled in the Texas
Controlled Substances Act (Chapter 48l, Health and Safety Code), or
controlled substances scheduled in the federal Comprehensive Drug Abuse
Prevention and Control Act of 1970, 21 U.S.C.A. Section 801 et seq.
(Public Law 91-513).
Acts 1989, 71 st Legislature, First Called Session, Ch. 5, Sec. 1, effective November 1, I 989. Codified at Article 4495c Vernon's Civil Statutes.
