>Delivered-To: chronicpain@apollo.dns-solutions.net >Date: 14 Feb 2000 23:30:04 -0000 >From: jim@goedhart.com >To: chronicpain@list.goedhart.com >Subject: [chronicpain] TEXAS Intractable Pain Treatment Act >Sender: owner-chronicpain@list.goedhart.com >Reply-To: chronicpain@list.goedhart.com > >TEXAS Intractable Pain Treatment Act >-------------- > >Art. 4495c. Intractable Pain Treatment Act. > >Sec. 1. Short title. > > This article may be cited as the Intractable Pain Treatment Act. > >Sec. 2. Definitions. > > For the purposes 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 a 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 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 the physician knows or >should know to be >using drugs for nontherapeutic purposes. > >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 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 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). > >Added by Acts 1989, 71st Leg., 1st C.S., ch. 5, Sec. 1, eff. Nov. 1, 1989. >