Chapter 345

2007 -- H 5459

Enacted 07/06/07

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS -- INTRACTABLE PAIN TREATMENT

Introduced By: Representative Joseph M. McNamara

Date Introduced: February 27, 2007

It is enacted by the General Assembly as follows:

     SECTION 1. Section 5-37.4-3 of the General Laws in Chapter 5-37.4 entitled "Intractable

Pain Treatment" is hereby amended to read as follows:

5-37.4-3. Controlled substances. -- (a) A practitioner may prescribe, administer, or

dispense controlled substances 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 shall be 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 practitioner for a condition

resulting in intractable pain, if this diagnosis and treatment has been documented in the

practitioner's medical records.

      (b) The provisions of subsection (a) of this section do not apply to those persons being

treated by a 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 practitioner

to prescribe, administer, or dispense controlled substances to a person the practitioner knows or

should know to be using controlled substances which use is not related to the therapeutic purpose.

the prescribed, administered, or dispensed controlled substance non-therapeutically.

      (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 practitioner to disciplinary action

by the director.

      (e) Nothing in this section shall deny the right of the director to deny, revoke, or suspend

the license of any practitioner or discipline any 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 Comprehensive Drug Abuse Prevention and Control Act of 1970, 21

U.S.C. section 801, et seq. A 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 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 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 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 shall be 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.

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LC01063

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