By Hirschi H.B. No. 120
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a physician's treatment of acute or chronic pain.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 6, Article 4495c, Revised Statutes, is
1-5 amended to read as follows:
1-6 Sec. 6. APPLICATION OF ACT TO CHEMICALLY DEPENDENT PERSONS.
1-7 (a) Except as provided by Subsection (c) of this section, the
1-8 [The] provisions of this Act shall not apply to those persons being
1-9 treated by the physician for chemical dependency because of their
1-10 use of dangerous drugs or controlled substances.
1-11 (b) The provisions of this Act provide no authority to a
1-12 physician to prescribe or administer dangerous drugs or controlled
1-13 substances to a person for other than legitimate medical purposes
1-14 as defined by the board and who the physician knows or should know
1-15 to be using drugs for nontherapeutic purposes.
1-16 (c) The provisions of this Act authorize a physician to
1-17 treat a patient who develops an acute or chronic painful medical
1-18 condition with a dangerous drug or a controlled substance to
1-19 relieve the patient's pain using appropriate doses, for an
1-20 appropriate length of time, and for as long as the pain persists.
1-21 A patient under this subsection includes a person who:
1-22 (1) is a current drug abuser;
1-23 (2) is not currently abusing drugs but has a history
1-24 of drug abuse; or
2-1 (3) lives in an environment that poses a risk for drug
2-2 misuse or diversion of the drug to illegitimate use.
2-3 (d) A physician who treats a patient under Subsection (c) of
2-4 this section shall monitor the patient to ensure the prescribed
2-5 dangerous drug or controlled substance is used only for the
2-6 treatment of the patient's painful medical condition. To ensure
2-7 that the prescribed dangerous drug or controlled substance is not
2-8 being diverted to another use and the appropriateness of the
2-9 treatment of the patient's targeted symptoms, the physician shall:
2-10 (1) specifically document:
2-11 (A) the understanding between the physician and
2-12 patient about the patient's prescribed treatment;
2-13 (B) the name of the drug prescribed;
2-14 (C) the dosage and method of taking the
2-15 prescribed drug;
2-16 (D) the number of dose units prescribed; and
2-17 (E) the frequency of prescribing and dispensing
2-18 the drug; and
2-19 (2) consult with a psychologist, psychiatrist, expert
2-20 in the treatment of addictions, or other health care professional,
2-21 as appropriate.
2-22 SECTION 2. Section 7, Article 4495c, Revised Statutes, is
2-23 amended to read as follows:
2-24 Sec. 7. CANCELLATION, REVOCATION OR SUSPENSION OF
2-25 PHYSICIAN'S LICENSE. Nothing in this Act shall deny the right of
2-26 the Texas State Board of Medical Examiners to cancel, revoke, or
2-27 suspend the license of any physician who:
3-1 (1) prescribes, [or] administers, or dispenses a drug
3-2 or treatment for other than legitimate medical purposes as defined
3-3 by the board and that is nontherapeutic in nature or nontherapeutic
3-4 in the manner the drug or treatment is administered or prescribed;
3-5 (2) fails to keep complete and accurate records of
3-6 purchases and disposals of drugs listed in the Texas Controlled
3-7 Substances Act (Chapter 481, Health and Safety Code), or of
3-8 controlled substances scheduled in the federal Comprehensive Drug
3-9 Abuse Prevention and Control Act of 1970, 21 U.S.C.A. Section 801
3-10 et seq. (Public Law 91-513), including records of:[. A physician
3-11 shall keep records of his purchases and disposals of these drugs to
3-12 include]
3-13 (A) the date of purchase;[,]
3-14 (B) the sale or disposal of the drugs by the
3-15 physician;[,]
3-16 (C) the name and address of the person receiving
3-17 the drugs;[,] and
3-18 (D) the reason for the disposal of or the
3-19 dispensing of the drugs to the person;
3-20 (3) writes false or fictitious prescriptions for
3-21 dangerous drugs as defined by Chapter 483, Health and Safety Code,
3-22 for controlled substances scheduled in the Texas Controlled
3-23 Substances Act (Chapter 481, Health and Safety Code), or for
3-24 controlled substances scheduled in the federal Comprehensive Drug
3-25 Abuse Prevention and Control Act of 1970, 21 U.S.C.A. Section 801
3-26 et seq. (Public Law 91-513); or
3-27 (4) prescribes, administers, or dispenses in a manner
4-1 not consistent with public health and welfare dangerous drugs as
4-2 defined by Chapter 483, Health and Safety Code, controlled
4-3 substances scheduled in the Texas Controlled Substances Act
4-4 (Chapter 481, Health and Safety Code), or controlled substances
4-5 scheduled in the federal Comprehensive Drug Abuse Prevention and
4-6 Control Act of 1970, 21 U.S.C.A. Section 801 et seq. (Public Law
4-7 91-513).
4-8 SECTION 3. Article 4495c, Revised Statutes, is amended by
4-9 adding Section 8 to read as follows:
4-10 Sec. 8. ILLEGAL SUBSTANCES. This Act is not intended nor
4-11 shall it be interpreted to allow for the prescription of any
4-12 illegal substance to any patient or person at any time in violation
4-13 of federal law.
4-14 SECTION 4. This Act takes effect September 1, 1997, and
4-15 applies only to a dangerous drug or controlled substance prescribed
4-16 by a physician on or after that date. A dangerous drug or
4-17 controlled substance prescribed by a physician before the effective
4-18 date of this Act is governed by the law in effect on the date the
4-19 drug or controlled substance was prescribed, and the former law is
4-20 continued in effect for that purpose.
4-21 SECTION 5. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.