2005 Texas Occupations Code CHAPTER 107. INTRACTABLE PAIN TREATMENT

OCCUPATIONS CODE

CHAPTER 107. INTRACTABLE PAIN TREATMENT

SUBCHAPTER A. GENERAL PROVISIONS


	§ 107.001. SHORT TITLE.  This chapter may be cited as the 
Intractable Pain Treatment Act.


	§ 107.002. DEFINITIONS.  In this chapter:                                   
		(1)  "Board" means the Texas State Board of Medical 
Examiners.              
		(2)  "Intractable pain" means a state of pain for 
which:                    
			(A)  the cause of the pain cannot be removed or 
otherwise treated;  and    
			(B)  in the generally accepted course of medical 
practice, relief or cure of the cause of the pain:
				(i)  is not possible;  or                                                   
				(ii)  has not been found after reasonable 
efforts.                        
		(3)  "Physician" means a physician licensed by the 
board.                   

Added by Acts 2003, 78th Leg., ch. 1276, § 14.002(a), eff. Sept. 
1, 2003.


	§ 107.003. NONAPPLICABILITY OF CHAPTER TO CERTAIN 
CHEMICALLY DEPENDENT PERSONS.  Except as provided by Subchapter C, 
this chapter does not apply to a person being treated by a physician 
for chemical dependency because of the person's use of a dangerous 
drug or controlled substance.

Added by Acts 2003, 78th Leg., ch. 1276, § 14.002(a), eff. Sept. 
1, 2003.

SUBCHAPTER B. PRESCRIPTION AND ADMINISTRATION OF DANGEROUS DRUGS 
AND CONTROLLED SUBSTANCES


	§ 107.051. AUTHORITY TO PRESCRIBE OR ADMINISTER DANGEROUS 
DRUG OR CONTROLLED SUBSTANCE.  Notwithstanding any other law, a 
physician may prescribe or administer a dangerous drug or 
controlled substance to a person in the course of the physician's 
treatment of the person for intractable pain.

Added by Acts 2003, 78th Leg., ch. 1276, § 14.002(a), eff. Sept. 
1, 2003.


	§ 107.052. LIMITATIONS ON PRESCRIPTION OR ADMINISTRATION 
OF DANGEROUS DRUG OR CONTROLLED SUBSTANCE.  This chapter does not 
authorize a physician to prescribe or administer to a person a 
dangerous drug or controlled substance:
		(1)  for a purpose that is not a legitimate medical 
purpose as defined by the board;  and
		(2)  if the physician knows or should know the person is 
using drugs for a nontherapeutic purpose.

Added by Acts 2003, 78th Leg., ch. 1276, § 14.002(a), eff. Sept. 
1, 2003.


	§ 107.053. LIMITATION ON AUTHORITY OF HOSPITAL OR OTHER 
HEALTH CARE FACILITY REGARDING USE OF DANGEROUS DRUG OR CONTROLLED 
SUBSTANCE.  A hospital or other health care facility may not 
prohibit or restrict the use of a dangerous drug or controlled 
substance prescribed or administered by a physician who holds staff 
privileges at the hospital or facility for a person diagnosed and 
treated by a physician for intractable pain.

Added by Acts 2003, 78th Leg., ch. 1276, § 14.002(a), eff. Sept. 
1, 2003.

SUBCHAPTER C. TREATMENT OF CERTAIN PATIENTS


	§ 107.101. PATIENT.  In this subchapter, "patient" 
includes a person who: 
		(1)  is currently abusing a dangerous drug or 
controlled substance;         
		(2)  is not currently abusing such a drug or substance 
but has a history of such abuse;  or
		(3)  lives in an environment that poses a risk for 
misuse or diversion to illegitimate use of such a drug or substance.

Added by Acts 2003, 78th Leg., ch. 1276, § 14.002(a), eff. Sept. 
1, 2003.


	§ 107.102. AUTHORITY TO TREAT.  This chapter authorizes a 
physician to treat a patient with an acute or chronic painful 
medical condition with a dangerous drug or 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.

Added by Acts 2003, 78th Leg., ch. 1276, § 14.002(a), eff. Sept. 
1, 2003.


	§ 107.103. DUTY TO MONITOR PATIENT.  A physician who 
treats a patient under this subchapter shall monitor the patient to 
ensure that a prescribed dangerous drug or controlled substance is 
used only for the treatment of the patient's painful medical 
condition.

Added by Acts 2003, 78th Leg., ch. 1276, § 14.002(a), eff. Sept. 
1, 2003.


	§ 107.104. DOCUMENTATION AND CONSULTATION REQUIRED.  To 
ensure that a prescribed dangerous drug or controlled substance is 
not diverted to another use and to ensure 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 or substance prescribed;                           
			(C)  the dosage and method of taking the 
prescribed drug or substance;     
			(D)  the number of dose units prescribed;  and                               
			(E)  the frequency of prescribing and dispensing 
the drug or substance;  and
		(2)  consult with a psychologist, psychiatrist, expert 
in the treatment of addictions, or other health care professional, 
as appropriate.

Added by Acts 2003, 78th Leg., ch. 1276, § 14.002(a), eff. Sept. 
1, 2003.

SUBCHAPTER D. DISCIPLINARY ACTION


	§ 107.151. DISCIPLINARY ACTION PROHIBITED.  A physician 
is not subject to disciplinary action by the board for prescribing 
or administering a dangerous drug or controlled substance in the 
course of treatment of a person for intractable pain.

Added by Acts 2003, 78th Leg., ch. 1276, § 14.002(a), eff. Sept. 
1, 2003.


	§ 107.152. AUTHORITY OF BOARD TO REVOKE OR SUSPEND 
LICENSE.  (a) This chapter does not affect the authority of the 
board to revoke or suspend the license of a physician who:
		(1)  prescribes, administers, or dispenses a drug or 
treatment:             
			(A)  for a purpose that is not a legitimate 
medical purpose as defined by the board;  and
			(B)  that is nontherapeutic in nature or 
nontherapeutic in the manner the drug or treatment is administered 
or prescribed;
		(2)  fails to keep a complete and accurate record of the 
purchase and disposal of:
			(A)  a drug listed in Chapter 481, Health and 
Safety Code;  or             
			(B)  a controlled substance scheduled in the 
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 
U.S.C. Section 801 et seq.);
		(3)  writes a false or fictitious prescription for:                           
			(A)  a dangerous drug as defined by Chapter 483, 
Health and Safety Code;   
			(B)  a controlled substance listed in a schedule 
under Chapter 481, Health and Safety Code;  or
			(C)  a controlled substance scheduled in the 
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 
U.S.C. Section 801 et seq.);  or
		(4)  prescribes, administers, or dispenses in a manner 
inconsistent with public health and welfare:
			(A)  a dangerous drug as defined by Chapter 483, 
Health and Safety Code;   
			(B)  a controlled substance listed in a schedule 
under Chapter 481, Health and Safety Code;  or
			(C)  a controlled substance scheduled in the 
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 
U.S.C. Section 801 et seq.).
	(b)  For purposes of Subsection (a)(2), the physician's 
records must include a record of:
		(1)  the date of purchase;                                                    
		(2)  the sale or disposal of the drug or substance by 
the physician;        
		(3)  the name and address of the person receiving the 
drug or substance;  and
		(4)  the reason for the disposal or dispensing of the 
drug or substance to the person.

Added by Acts 2003, 78th Leg., ch. 1276, § 14.002(a), eff. Sept. 
1, 2003.