State Codes and Statutes

Statutes > Texas > Occupations-code > Title-3-health-professions > Chapter-107-intractable-pain-treatment

OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE A. PROVISIONS APPLYING TO HEALTH PROFESSIONS GENERALLY

CHAPTER 107. INTRACTABLE PAIN TREATMENT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 107.001. SHORT TITLE. This chapter may be cited as the

Intractable Pain Treatment Act.

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

Sept. 1, 2003.

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

SUBCHAPTER B. PRESCRIPTION AND ADMINISTRATION OF DANGEROUS DRUGS

AND CONTROLLED SUBSTANCES

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

SUBCHAPTER C. TREATMENT OF CERTAIN PATIENTS

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

SUBCHAPTER D. DISCIPLINARY ACTION

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

SUBCHAPTER E. PAIN TREATMENT REVIEW COMMITTEE

State Codes and Statutes

Statutes > Texas > Occupations-code > Title-3-health-professions > Chapter-107-intractable-pain-treatment

OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE A. PROVISIONS APPLYING TO HEALTH PROFESSIONS GENERALLY

CHAPTER 107. INTRACTABLE PAIN TREATMENT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 107.001. SHORT TITLE. This chapter may be cited as the

Intractable Pain Treatment Act.

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

Sept. 1, 2003.

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

SUBCHAPTER B. PRESCRIPTION AND ADMINISTRATION OF DANGEROUS DRUGS

AND CONTROLLED SUBSTANCES

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

SUBCHAPTER C. TREATMENT OF CERTAIN PATIENTS

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

SUBCHAPTER D. DISCIPLINARY ACTION

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

SUBCHAPTER E. PAIN TREATMENT REVIEW COMMITTEE


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State Codes and Statutes

Statutes > Texas > Occupations-code > Title-3-health-professions > Chapter-107-intractable-pain-treatment

OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE A. PROVISIONS APPLYING TO HEALTH PROFESSIONS GENERALLY

CHAPTER 107. INTRACTABLE PAIN TREATMENT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 107.001. SHORT TITLE. This chapter may be cited as the

Intractable Pain Treatment Act.

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

Sept. 1, 2003.

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

SUBCHAPTER B. PRESCRIPTION AND ADMINISTRATION OF DANGEROUS DRUGS

AND CONTROLLED SUBSTANCES

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

SUBCHAPTER C. TREATMENT OF CERTAIN PATIENTS

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

SUBCHAPTER D. DISCIPLINARY ACTION

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

Sec. 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, Sec. 14.002(a), eff.

Sept. 1, 2003.

SUBCHAPTER E. PAIN TREATMENT REVIEW COMMITTEE


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