BG C.S.H.B. 120 75(R)BILL ANALYSIS


PUBLIC HEALTH
C.S.H.B. 120
By: Hirschi
3-19-97
Committee Report (Substituted)


BACKGROUND

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) Revised Statutes, Intractable Pain
Treatment Act (IPTA) 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. 

PURPOSE

CSHB 120 will 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. The bill will make the language of the IPTA
consistent with rules of the Texas State Board of Medical Examiner
(board). 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 6, Article 4495c, Revised Statutes, as follows:

Sec. 6.  APPLICATION OF ACT TO CHEMICALLY DEPENDENT PERSONS.

Subsection (a)  adds the exception provided by subsection (c) to the
prohibition on the applicability of the act to persons being treated for
chemical dependency due to use of dangerous drugs or controlled
substances.  

Subsection (b) adds the clause "for other than legitimate medical purposes
as defined by the board," to the statement that the provisions of this Act
do not give authority to prescribe or administer dangerous drugs or
controlled substances. 

Subsection (c) is added and authorizes a physician to treat a patient
having an acute or chronic painful medical condition with appropriate
doses of a controlled substance or dangerous drug to relieve the pain, for
an appropriate length of time, and for as long as the pain persists.  A
patient under this subsection includes a person who: 

(1)  is currently a drug abuser;

(2)  is not currently abusing drugs, but has a history of drug abuse; or 

(3)  resides in a place where there is risk for misuse or illegitimate
diversion of the drug. 

Subsection (d) is added. Requires a physician, who treats a patient under
Subsection (c),  to monitor the patient to ensure that the prescribed
dangerous drug or controlled substance is used only for the painful
medical condition. Requires the physician to document the treatment as
specified, and to consult with an expert in the treatment of addictions or
other health care professional, as appropriate, to ensure proper treatment
use. 

SECTION 2.  Amends Section 7, entitled "CANCELLATION, REVOCATION OR
SUSPENSION OF PHYSICIAN'S LICENSE," (Article 4495c, Revised Statutes) as
follows: 

Subsection (1)  adds "for other than legitimate medical purposes as
defined by the board" to modify the physician action to prescribe,
administer, or additionally, dispense a drug or treatment. Makes
conforming changes. 

Subsection (2) makes conforming changes to list types of records to be
included in the specified records regarding the purchase and disposal of
drugs. 

SECTION 3.  Effective date of this Act is September 1, 1997, and applies
only to a dangerous drug or controlled substance prescribed by a physician
on or after that date.  Prior to this effective date, a prescribed
dangerous drug or controlled substance is governed by existing law which
is continued in effect for that purpose. 

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

In SECTION 1, CSHB 120 re-instates some of the language removed from
Section 6, Article 4495c, Revised Statutes, by the original bill regarding
whether a drug is known to be used for nontherapeutic purposes.  

In SECTION 2, the substitute version retains similar language in Section 7
, Article 4495c, Revised Statutes, by re-instating language which was
removed from the original bill regarding a drug or treatment being
nontherapeutic in nature or administration. Also, CSHB 120 reinserts
subsection (4) concerning a physician's failure to prescribe, administer,
or dispense drugs in a manner consistent with public health and welfare,
and as defined under the Health and Safety Code and federal regulations.