SECTION 1. Sections 5-37.4-2 and 5-37.4-3 of the General Laws in Chapter 5-37.4 entitled "Intractable Pain Treatment" are hereby amended to read as follows:

5-37.4-2. Definitions. --- For purposes of this chapter:

(1) "Board" means the Rhode Island board of medical licensure and discipline;

(2) "Intractable pain" means a pain state in which the cause of 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 that have been documented in the practitioner's medical records;

(3) "Practitioner" means practitioners and surgeons licensed pursuant to this chapter by the board; health care professionals licensed to distribute, dispense, or administer controlled substances in the course of professional practice as defined in Rhode Island general laws section 21-28-1.02(29)(a) and (b), the Uniform Controlled Substances Act.

(4) "Therapeutic purpose" means the use of controlled substances in acceptable doses with appropriate indication for the treatment of pain. Any other use is nontherapeutic.

(5) "Director" means the director of health of the state of Rhode Island.

5-37.4-3. Controlled substances. --- (a) A physician practitioner may prescribe, administer, or dispense controlled substances not prohibited by law for a therapeutic purpose to a person diagnosed and treated by a physician practitioner for a condition resulting in intractable pain, if this diagnosis and treatment has been documented in the physician's practitioner's medical records. No physician practitioner is subject to disciplinary action by the board solely for prescribing, administering, or dispensing controlled substances when prescribed, administered, or dispensed for a therapeutic purpose for a person diagnosed and treated by a physician practitioner for a condition resulting in intractable pain, if this diagnosis and treatment has been documented in the physician's practitioner's medical records.

(b) The provisions of subsection (a) of this section do not apply to those persons being treated by a physician practitioner for chemical dependency because of their use of controlled substances not related to the therapeutic purposes of treatment of intractable pain.

(c) The provisions of subsection (a) of this section provide no authority to a physician practitioner to prescribe, administer, or dispense controlled substances to a person the physician practitioner knows or should know to be using controlled substances which use is not related to the therapeutic purpose.

(d) Drug dependency or the possibility of drug dependency in and of itself is not a reason to withhold or prohibit prescribing, administering, or dispensing controlled substances for the therapeutic purpose of treatment of a person for intractable pain, nor shall dependency relating solely to this prescribing, administering, or dispensing subject a physician practitioner to disciplinary action by the board. director.

(e) Nothing in this section denies the right of the board director to deny, revoke, or suspend the license of any physician practitioner or discipline any physician practitioner who:

(1) Prescribes, administers, or dispenses a controlled substance that is nontherapeutic in nature or nontherapeutic in the manner in which it is prescribed, administered, or dispensed, or fails to keep complete and accurate on-going records of the diagnosis and treatment plan;

(2) Fails to keep complete and accurate records of controlled substances received, prescribed, dispensed and administered, and disposal of drugs as required by law or of controlled substances scheduled in the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. section 801, et seq. A physician practitioner shall keep records of controlled substances received, prescribed, dispensed and administered, and disposal of these drugs shall include the date of receipt of the drugs, the sale or disposal of the drugs by the physician practitioner, the name and address of the person receiving the drugs, and the reason for the disposal or the dispensing of the drugs to the person;

(3) Writes false or fictitious prescriptions for controlled substances as prohibited by law, or for controlled substances scheduled in the Federal 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 which is inconsistent with provisions of the law, or the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. section 801, et seq., any controlled substance.

(f) A practitioner may administer a controlled substance prescribed by a practitioner and not prohibited by law for a therapeutic purpose to a person diagnosed and treated by a practitioner for a condition resulting in intractable pain, if this diagnosis and treatment has been documented in the practitioner's medical records. No practitioner is subject to disciplinary action by the director solely for administering controlled substances when prescribed or dispensed for a therapeutic purpose for a person diagnosed and treated by a practitioner for a condition resulting in intractable pain, if this diagnosis and treatment has been documented in the practitioner's medical records of the patient.

SECTION 2. This act shall take effect upon passage.