23-1062.02. Off-label prescription of controlled substances; prescription of schedule II controlled substances; reports; treatment plans; definition

A. On written request of an interested party as defined in section 23-901, a physician shall include in the report required under commission rule information pertaining to the off-label use of a narcotic, opium based controlled substance or schedule II controlled substance by a claimant, which may include the justification for use of the controlled substance, and a treatment plan that includes a description of measures that the physician will implement to monitor and prevent the development of abuse, dependence, addiction or diversion by the employee. The interested party may also request that the treatment plan include a medication contract, a plan for subsequent follow-up visits and drug testing and documentation that the medication regime is providing relief that is demonstrated by improved function.

B. If the physician does not comply with this section, the interested party is not responsible for payment for the physician's services until the physician complies with subsection A of this section.

C. For the purposes of this section, "off-label use" means use of a prescription medication by a physician to treat a condition other than the use for which the drug was approved by the United States food and drug administration.

23-1062.02. Off-label prescription of controlled substances; prescription of schedule II controlled substances; reports; treatment plans; definition

A. On written request of an interested party as defined in section 23-901, a physician shall include in the report required under commission rule information pertaining to the off-label use of a narcotic, opium based controlled substance or schedule II controlled substance by a claimant, which may include the justification for use of the controlled substance, and a treatment plan that includes a description of measures that the physician will implement to monitor and prevent the development of abuse, dependence, addiction or diversion by the employee. The interested party may also request that the treatment plan include a medication contract, a plan for subsequent follow-up visits and drug testing and documentation that the medication regime is providing relief that is demonstrated by improved function.

B. If the physician does not comply with this section, the interested party is not responsible for payment for the physician's services until the physician complies with subsection A of this section.

C. For the purposes of this section, "off-label use" means use of a prescription medication by a physician to treat a condition other than the use for which the drug was approved by the United States food and drug administration.