SRC-JFA H.B. 120 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 120
By: Hirschi (Moncrief)
Health & Human Services
4-28-97
Engrossed


DIGEST 

Currently, physicians do not have the authority to prescribe or administer
dangerous drugs or controlled substances to a person that the physician
knows or should know is using drugs for recreational or nontherapeutic
purposes.  Even though Article 4495(c), V.T.C.S., the Intractable Pain
Treatment Act, was adopted to allow a physician to prescribe or administer
drugs to a person with chronic, incurable pain, it can be argued that
physicians are reluctant to properly treat severe pain of conditions such
as AIDS or cancer in patients who are or were drug abusers.  This bill
would allow physicians to treat pain from an acute or chronic medical
condition with a dangerous drug or controlled substance in order to
relieve a patient's pain.    

PURPOSE

As proposed, H.B. 120 authorizes a physician to treat a patient who
develops an acute or chronic painful medical condition with a dangerous
drug or a controlled substance to relieve the patient's pain. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 6, Article 4495c, V.T.C.S. (Intractable Pain
Treatment Act), to provide that the provisions of this Act provide no
authority to a physician to prescribe or administer dangerous drugs or
controlled substances for other than legitimate medical purposes as
defined by the Texas State Board of Medical Examiners (board) and who the
physician knows or should know to be using drugs for nontherapeutic
purposes.  Provides that the provisions of this Act authorize a physician
to treat a patient who develops an acute or chronic painful medical
condition with a dangerous drug or a 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.  Provides that a patient under this
subsection includes certain persons.  Requires a physician who treats a
patient under Subsection (c) of this section to monitor the patient to
ensure the prescribed dangerous drug or controlled substance is used only
for the treatment of the patient's painful medical condition.  Requires
the physician to perform certain actions in order to ensure that the
prescribed dangerous drug or controlled substance is not being diverted to
another use and the appropriateness of the treatment of the patient's
targeted symptoms.  Makes a conforming change.   

SECTION 2. Amends Section 7, Article 4495c, V.T.C.S., to provide that
nothing in this Act shall deny the right of the board to cancel, revoke,
or suspend the license of any physician who, among other actions,
dispenses a drug or treatment for other than legitimate medical purposes
as defined by the board and that is nontherapeutic in nature or
nontherapeutic in the manner the drug or treatment is administered or
prescribed.  Makes a nonsubstantive change.  

SECTION 3. Amends Article 4495c, V.T.C.S., by adding Section 8, as
follows:  

Sec. 8.  ILLEGAL SUBSTANCES.  Provides that this Act is not intended nor
shall it be interpreted to allow for the prescription of any illegal
substance to any patient or person at any time in violation of federal
law.  
 
SECTION 4. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 5. Emergency clause.