AMENDMENT TO THE INTRACTABLE PAIN TREATMENT ACT
AN ACT relating to a physician's treatment of acute or chronic pain. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 6, Article 4495c, Revised Statutes, is amended to read as follows:
Sec. 6. APPLICATION OF ACT TO CHEMICALLY DEPENDENT PERSONS.
(a) Except as provided by Subsection © of this section, the [The]
provisions of this 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 for other than legitimate medical purposes as defined by the board
and who the physician knows or should know
to be using drugs for nontherapeutic purposes.
(1) is a current drug abuser;
(2) is not currently abusing drugs but has a history of drug abuse; or
(3) lives in an environment that poses a risk for drug misuse or diversion of the drug to illegitimate use.
(d) A physician who treats a patient under Subsection © of this section shall monitor the patient to ensure the prescribed dangerous drug or controlled substance is used only for the treatment of the patient's painful medical condition. To ensure the prescribed dangerous drug or controlled substance is not being diverted to another use and the appropriateness of the treatment of the patient's targeted symptoms, the physician shall:
(1) specifically document:
(a) the understanding between the physician and patient about the patient's
prescribed treatment;
(b) the name of the drug prescribed;
(c) the dosage and method of taking the prescribed drug;
(d) the number of dose units prescribed; and
(e) the frequency of prescribing and dispensing the drug; and
(2) consult with a psychologist, psychiatrist, expert in the treatment of addictions, or other health care professional, as appropriate.
SECTION 2. Section 7, Article 4495c, Revised Statutes, is amended to read as follows:
Sec. 7. CANCELLATION, REVOCATION OR SUSPENSION OF PHYSICIAN'S 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, or dispenses a drug or treatment for other than legitimate medical purposes as defined by the board and 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), including records of:[. A physician shall keep records of his purchases and disposals of these drugs to include]
(a) the date of purchase;[,]
(b) the sale or disposal of the drugs by the physician;[,]
(c) the name and address of the person receiving the drugs;[,] and
(d) 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 481, 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 481, 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).
SECTION 3. Article 4495c, Revised Statutes, is amended by adding Section 8 to read as follows:
Sec. 8. ILLEGAL SUBSTANCES. This Act is not intended nor shall it be interpreted to allow for the prescription of any illegal substance to any patient or person at any time in violation of federal law.
SECTION 4. This Act takes effect September 1, 1997, and applies only to a dangerous drug or controlled substance prescribed by a physician on or after that date. A dangerous drug or controlled substance prescribed by a physician before the effective date of this Act is governed by the law in effect on the date the drug or controlled substance was prescribed, and the former law is continued in effect for that purpose. Editorial Staff Note: It is imperative that any physician, and his/her lawyer, who is charged with inappropriate prescribing of analgesic drugs, and therefore in violation of the Medical Practice Act, for the treatment of pain be familiar with these rules.
