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Texas Civil Statutes
Short title
Sec. 1. This article may be cited as the Intractable Pain Treatment Act.
Definitions
Sec. 2. 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.
Prescription or administration of drugs by
physician
Sec. 3. 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.
Restriction by hospital or health care facility of
prescribed drug use prohibited
Sec. 4. 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.
Disciplinary action against physician for
prescribing or administering drug treatment prohibited
Sec. 5. 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.
Application of Act to chemically dependent persons
Sec. 6.
(a) Except as provided by Subsection (c) of this section, 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.
(c) The provisions of this Act authorize a physician to treat a patient who develops an acute or chronic painful medical condition with a dangerous drug or a controlled substance to relieve the patient's pain using appropriate doses, for an appropriate length of time, and for as long as the pain persists. A patient under this subsection includes a person who:
(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 (c) 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 that 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.
Cancellation, revocation or suspension of
physician's license
Sec. 7. 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, 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) 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).
Illegal substances
Sec. 8. 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.