§ 5-37.4-3 Controlled substances. –(a) A practitioner may prescribe, administer, or dispense controlled substancesnot prohibited by law for a therapeutic purpose to a person diagnosed andtreated by a practitioner for a condition resulting in intractable pain, ifthis diagnosis and treatment has been documented in the practitioner's medicalrecords. No practitioner shall be subject to disciplinary action by the boardsolely for prescribing, administering, or dispensing controlled substances whenprescribed, administered, or dispensed for a therapeutic purpose for a persondiagnosed and treated by a practitioner for a condition resulting inintractable pain, if this diagnosis and treatment has been documented in thepractitioner's medical records.
(b) The provisions of subsection (a) of this section do notapply to those persons being treated by a practitioner for chemical dependencybecause of their use of controlled substances not related to the therapeuticpurposes of treatment of intractable pain.
(c) The provisions of subsection (a) of this section provideno authority to a practitioner to prescribe, administer, or dispense controlledsubstances to a person the practitioner knows or should know to be using theprescribed, administered, or dispensed controlled substance non-therapeutically.
(d) Drug dependency or the possibility of drug dependency inand of itself is not a reason to withhold or prohibit prescribing,administering, or dispensing controlled substances for the therapeutic purposeof treatment of a person for intractable pain, nor shall dependency relatingsolely to this prescribing, administering, or dispensing subject a practitionerto disciplinary action by the director.
(e) Nothing in this section shall deny the right of thedirector to deny, revoke, or suspend the license of any practitioner ordiscipline any practitioner who:
(1) Prescribes, administers, or dispenses a controlledsubstance that is nontherapeutic in nature or nontherapeutic in the manner inwhich it is prescribed, administered, or dispensed, or fails to keep completeand accurate on-going records of the diagnosis and treatment plan;
(2) Fails to keep complete and accurate records of controlledsubstances received, prescribed, dispensed and administered, and disposal ofdrugs as required by law or of controlled substances scheduled in theComprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. §801, et seq. A practitioner shall keep records of controlled substancesreceived, prescribed, dispensed and administered, and disposal of these drugsshall include the date of receipt of the drugs, the sale or disposal of thedrugs by the practitioner, the name and address of the person receiving thedrugs, and the reason for the disposal or the dispensing of the drugs to theperson;
(3) Writes false or fictitious prescriptions for controlledsubstances as prohibited by law, or for controlled substances scheduled in theComprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C §801, et seq.; or
(4) Prescribes, administers, or dispenses in a manner whichis inconsistent with provisions of the law, or the Comprehensive Drug AbusePrevention and Control Act of 1970, 21 U.S.C. § 801, et seq., anycontrolled substance.
(f) A practitioner may administer a controlled substanceprescribed by a practitioner and not prohibited by law for a therapeuticpurpose to a person diagnosed and treated by a practitioner for a conditionresulting in intractable pain, if this diagnosis and treatment has beendocumented in the practitioner's medical records. No practitioner shall besubject to disciplinary action by the director solely for administeringcontrolled substances when prescribed or dispensed for a therapeutic purposefor a person diagnosed and treated by a practitioner for a condition resultingin intractable pain, if this diagnosis and treatment has been documented in thepractitioner's medical records of the patient.
§ 5-37.4-3 Controlled substances. –(a) A practitioner may prescribe, administer, or dispense controlled substancesnot prohibited by law for a therapeutic purpose to a person diagnosed andtreated by a practitioner for a condition resulting in intractable pain, ifthis diagnosis and treatment has been documented in the practitioner's medicalrecords. No practitioner shall be subject to disciplinary action by the boardsolely for prescribing, administering, or dispensing controlled substances whenprescribed, administered, or dispensed for a therapeutic purpose for a persondiagnosed and treated by a practitioner for a condition resulting inintractable pain, if this diagnosis and treatment has been documented in thepractitioner's medical records.
(b) The provisions of subsection (a) of this section do notapply to those persons being treated by a practitioner for chemical dependencybecause of their use of controlled substances not related to the therapeuticpurposes of treatment of intractable pain.
(c) The provisions of subsection (a) of this section provideno authority to a practitioner to prescribe, administer, or dispense controlledsubstances to a person the practitioner knows or should know to be using theprescribed, administered, or dispensed controlled substance non-therapeutically.
(d) Drug dependency or the possibility of drug dependency inand of itself is not a reason to withhold or prohibit prescribing,administering, or dispensing controlled substances for the therapeutic purposeof treatment of a person for intractable pain, nor shall dependency relatingsolely to this prescribing, administering, or dispensing subject a practitionerto disciplinary action by the director.
(e) Nothing in this section shall deny the right of thedirector to deny, revoke, or suspend the license of any practitioner ordiscipline any practitioner who:
(1) Prescribes, administers, or dispenses a controlledsubstance that is nontherapeutic in nature or nontherapeutic in the manner inwhich it is prescribed, administered, or dispensed, or fails to keep completeand accurate on-going records of the diagnosis and treatment plan;
(2) Fails to keep complete and accurate records of controlledsubstances received, prescribed, dispensed and administered, and disposal ofdrugs as required by law or of controlled substances scheduled in theComprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. §801, et seq. A practitioner shall keep records of controlled substancesreceived, prescribed, dispensed and administered, and disposal of these drugsshall include the date of receipt of the drugs, the sale or disposal of thedrugs by the practitioner, the name and address of the person receiving thedrugs, and the reason for the disposal or the dispensing of the drugs to theperson;
(3) Writes false or fictitious prescriptions for controlledsubstances as prohibited by law, or for controlled substances scheduled in theComprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C §801, et seq.; or
(4) Prescribes, administers, or dispenses in a manner whichis inconsistent with provisions of the law, or the Comprehensive Drug AbusePrevention and Control Act of 1970, 21 U.S.C. § 801, et seq., anycontrolled substance.
(f) A practitioner may administer a controlled substanceprescribed by a practitioner and not prohibited by law for a therapeuticpurpose to a person diagnosed and treated by a practitioner for a conditionresulting in intractable pain, if this diagnosis and treatment has beendocumented in the practitioner's medical records. No practitioner shall besubject to disciplinary action by the director solely for administeringcontrolled substances when prescribed or dispensed for a therapeutic purposefor a person diagnosed and treated by a practitioner for a condition resultingin intractable pain, if this diagnosis and treatment has been documented in thepractitioner's medical records of the patient.
§ 5-37.4-3 Controlled substances. –(a) A practitioner may prescribe, administer, or dispense controlled substancesnot prohibited by law for a therapeutic purpose to a person diagnosed andtreated by a practitioner for a condition resulting in intractable pain, ifthis diagnosis and treatment has been documented in the practitioner's medicalrecords. No practitioner shall be subject to disciplinary action by the boardsolely for prescribing, administering, or dispensing controlled substances whenprescribed, administered, or dispensed for a therapeutic purpose for a persondiagnosed and treated by a practitioner for a condition resulting inintractable pain, if this diagnosis and treatment has been documented in thepractitioner's medical records.
(b) The provisions of subsection (a) of this section do notapply to those persons being treated by a practitioner for chemical dependencybecause of their use of controlled substances not related to the therapeuticpurposes of treatment of intractable pain.
(c) The provisions of subsection (a) of this section provideno authority to a practitioner to prescribe, administer, or dispense controlledsubstances to a person the practitioner knows or should know to be using theprescribed, administered, or dispensed controlled substance non-therapeutically.
(d) Drug dependency or the possibility of drug dependency inand of itself is not a reason to withhold or prohibit prescribing,administering, or dispensing controlled substances for the therapeutic purposeof treatment of a person for intractable pain, nor shall dependency relatingsolely to this prescribing, administering, or dispensing subject a practitionerto disciplinary action by the director.
(e) Nothing in this section shall deny the right of thedirector to deny, revoke, or suspend the license of any practitioner ordiscipline any practitioner who:
(1) Prescribes, administers, or dispenses a controlledsubstance that is nontherapeutic in nature or nontherapeutic in the manner inwhich it is prescribed, administered, or dispensed, or fails to keep completeand accurate on-going records of the diagnosis and treatment plan;
(2) Fails to keep complete and accurate records of controlledsubstances received, prescribed, dispensed and administered, and disposal ofdrugs as required by law or of controlled substances scheduled in theComprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. §801, et seq. A practitioner shall keep records of controlled substancesreceived, prescribed, dispensed and administered, and disposal of these drugsshall include the date of receipt of the drugs, the sale or disposal of thedrugs by the practitioner, the name and address of the person receiving thedrugs, and the reason for the disposal or the dispensing of the drugs to theperson;
(3) Writes false or fictitious prescriptions for controlledsubstances as prohibited by law, or for controlled substances scheduled in theComprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C §801, et seq.; or
(4) Prescribes, administers, or dispenses in a manner whichis inconsistent with provisions of the law, or the Comprehensive Drug AbusePrevention and Control Act of 1970, 21 U.S.C. § 801, et seq., anycontrolled substance.
(f) A practitioner may administer a controlled substanceprescribed by a practitioner and not prohibited by law for a therapeuticpurpose to a person diagnosed and treated by a practitioner for a conditionresulting in intractable pain, if this diagnosis and treatment has beendocumented in the practitioner's medical records. No practitioner shall besubject to disciplinary action by the director solely for administeringcontrolled substances when prescribed or dispensed for a therapeutic purposefor a person diagnosed and treated by a practitioner for a condition resultingin intractable pain, if this diagnosis and treatment has been documented in thepractitioner's medical records of the patient.
