[chronicpain] TEXAS Intractable Pain Treatment Act

From: Tina Shelby (tshelby@usit.net)
Tue Feb 15 14:28:47 2000


>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.
>

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