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Michigan Compiled Laws Service
Chapter 333. Health
Public Health Code
Article 15. Occupations
Part 161. General Provisions
Effective: January 2, 2002
§ 333.16204a. Advisory committee on pain and symptom management; creation; members; compensation; expenses; terms; duties; review of guidelines.
Sec. 16204a. (1) Subject to subsection (2), an advisory committee
on pain and symptom management is created in the department. The committee consists
of the following members appointed in the following manner:
(a) The Michigan board of medicine created in part 170 and the Michigan board
of osteopathic medicine and surgery created in part 175 each shall appoint 2
members, 1 of whom is a physician specializing in primary care and 1 of whom
is a physician certified in the specialty of pain medicine by 1 or more national
professional organizations approved by the department of consumer and industry
services, including, but not limited to, the American board of medical specialists
or the American board of pain medicine.
(b) One psychologist who is associated with the education and training of psychology
students, appointed by the Michigan board of psychology created in part 182.
(c) One individual appointed by the governor who is representative of the general
public.
(d) One registered professional nurse with training in pain and symptom management
who is associated with the education and training of nursing students, appointed
by the Michigan board of nursing created in part 172.
(e) One dentist with training in pain and symptom management who is associated
with the education and training of dental students, appointed by the Michigan
board of dentistry created in part 166.
(f) One pharmacist with training in pain and symptom management who is associated
with the education and training of pharmacy students appointed by the Michigan
board of pharmacy created in part 177.
(g) One individual appointed by the governor who represents the Michigan hospice
organization or its successor.
(h) One representative from each of the state's medical schools, appointed by
the governor.
(i) One individual appointed by the governor who has been diagnosed as a chronic
pain sufferer.
(j) One physician's assistant with training in pain and symptom management appointed
by the Michigan task force on physician's assistants.
(k) The director of the department of consumer and industry services or his
or her designee, who shall serve as chairperson.
(l) The director of the department of community health or his or her designee.
(2) Advisory committee members appointed under subsection (1)(a) through (j)
shall receive per diem compensation as established by the legislature and shall
be reimbursed for expenses under section 1216.
(3) The advisory committee members appointed under subsection (1)(a) through
(j) shall be appointed by May 15, 1999 . A member of the advisory committee
shall serve for a term of 2 years or until a successor is appointed, whichever
is later. A vacancy on the advisory committee shall be filled in the same manner
as the original appointment.
(4) The advisory committee shall do all of the following, as necessary:
(a) At least once annually consult with all of the following boards to develop
an integrated approach to understanding and applying pain and symptom management
techniques:
(i) All licensure boards created under this article, except the Michigan board
of veterinary medicine.
(ii) The Michigan board of social work created in section 18505 .
(b) Hold a public hearing in the same manner as provided for a public hearing
held under the administrative procedures act of 1969, within 90 days after the
members of the advisory committee are appointed under subsection (1) to gather
information from the general public on issues pertaining to pain and symptom
management.
(c) Develop and encourage the implementation of model core curricula on pain
and symptom management.
(d) Develop recommendations to the licensing and registration boards and the
task force created under this article on integrating pain and symptom management
into the customary practice of health care professionals and identifying the
role and responsibilities of the various health care professionals in pain and
symptom management.
(e) Advise the licensing and registration boards created under this article
on the duration and content of continuing education requirements for pain and
symptom management.
(f) Annually report on the activities of the advisory committee and make recommendations
on the following issues to the director of the department of consumer and industry
services and to the director of the department of community health:
(i) Pain management educational curricula and continuing educational requirements
of institutions providing health care education.
(ii) Information about the impact and effectiveness of previous recommendations,
if any, that have been implemented, including, but not limited to, recommendations
made under subdivision (d).
(iii) Activities undertaken by the advisory committee in complying with the
duties imposed under subdivisions (c) and (d).
(g) Beginning in January of 2000 , annually review any changes occurring in
pain and symptom management.
(5) In making recommendations and developing written materials under subsection
(4) , the advisory committee shall review guidelines on pain and symptom management
issued by the United States department of health and human services.
Sec. 16204c. (1) The legislature finds that the use of controlled
substances is appropriate in the medical treatment of certain forms of pain,
and that efforts to control diversion or improper administration of controlled
substances should not interfere with the legitimate, medically recognized use
of those controlled substances to relieve pain and suffering.
(2) The legislature finds that some patients in this state with pain are unable
to obtain from their health care providers sufficient pain relief through the
prescription of controlled substances, especially controlled substances included
in schedule 2 under section 7214 .
(3) It is the intent of the legislature to permit and facilitate adequate treatment
for pain by licensed health professionals, including, but not limited to, the
prescription or dispensing of controlled substances included in schedule 2 under
section 7214, when medically appropriate , and to enable regulatory and law
enforcement agencies to prevent the abuse and diversion of controlled substances
by creating an electronic monitoring system .
(4) As used in this section , "controlled substance" means that term
as defined in section 7104.