1-1 By: Hirschi (Senate Sponsor - Moncrief) H.B. No. 120
1-2 (In the Senate - Received from the House April 16, 1997;
1-3 April 18, 1997, read first time and referred to Committee on Health
1-4 and Human Services; May 1, 1997, reported favorably by the
1-5 following vote: Yeas 11, Nays 0; May 1, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to a physician's treatment of acute or chronic pain.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 6, Article 4495c, Revised Statutes, is
1-11 amended to read as follows:
1-12 Sec. 6. APPLICATION OF ACT TO CHEMICALLY DEPENDENT PERSONS.
1-13 (a) Except as provided by Subsection (c) of this section, the
1-14 [The] provisions of this Act shall not apply to those persons being
1-15 treated by the physician for chemical dependency because of their
1-16 use of dangerous drugs or controlled substances.
1-17 (b) The provisions of this Act provide no authority to a
1-18 physician to prescribe or administer dangerous drugs or controlled
1-19 substances to a person for other than legitimate medical purposes
1-20 as defined by the board and who the physician knows or should know
1-21 to be using drugs for nontherapeutic purposes.
1-22 (c) The provisions of this Act authorize a physician to
1-23 treat a patient who develops an acute or chronic painful medical
1-24 condition with a dangerous drug or a controlled substance to
1-25 relieve the patient's pain using appropriate doses, for an
1-26 appropriate length of time, and for as long as the pain persists.
1-27 A patient under this subsection includes a person who:
1-28 (1) is a current drug abuser;
1-29 (2) is not currently abusing drugs but has a history
1-30 of drug abuse; or
1-31 (3) lives in an environment that poses a risk for drug
1-32 misuse or diversion of the drug to illegitimate use.
1-33 (d) A physician who treats a patient under Subsection (c) of
1-34 this section shall monitor the patient to ensure the prescribed
1-35 dangerous drug or controlled substance is used only for the
1-36 treatment of the patient's painful medical condition. To ensure
1-37 that the prescribed dangerous drug or controlled substance is not
1-38 being diverted to another use and the appropriateness of the
1-39 treatment of the patient's targeted symptoms, the physician shall:
1-40 (1) specifically document:
1-41 (A) the understanding between the physician and
1-42 patient about the patient's prescribed treatment;
1-43 (B) the name of the drug prescribed;
1-44 (C) the dosage and method of taking the
1-45 prescribed drug;
1-46 (D) the number of dose units prescribed; and
1-47 (E) the frequency of prescribing and dispensing
1-48 the drug; and
1-49 (2) consult with a psychologist, psychiatrist, expert
1-50 in the treatment of addictions, or other health care professional,
1-51 as appropriate.
1-52 SECTION 2. Section 7, Article 4495c, Revised Statutes, is
1-53 amended to read as follows:
1-54 Sec. 7. CANCELLATION, REVOCATION OR SUSPENSION OF
1-55 PHYSICIAN'S LICENSE. Nothing in this Act shall deny the right of
1-56 the Texas State Board of Medical Examiners to cancel, revoke, or
1-57 suspend the license of any physician who:
1-58 (1) prescribes, [or] administers, or dispenses a drug
1-59 or treatment for other than legitimate medical purposes as defined
1-60 by the board and that is nontherapeutic in nature or nontherapeutic
1-61 in the manner the drug or treatment is administered or prescribed;
1-62 (2) fails to keep complete and accurate records of
1-63 purchases and disposals of drugs listed in the Texas Controlled
1-64 Substances Act (Chapter 481, Health and Safety Code), or of
2-1 controlled substances scheduled in the federal Comprehensive Drug
2-2 Abuse Prevention and Control Act of 1970, 21 U.S.C.A. Section 801
2-3 et seq. (Public Law 91-513), including records of:[. A physician
2-4 shall keep records of his purchases and disposals of these drugs to
2-5 include]
2-6 (A) the date of purchase;[,]
2-7 (B) the sale or disposal of the drugs by the
2-8 physician;[,]
2-9 (C) the name and address of the person receiving
2-10 the drugs;[,] and
2-11 (D) the reason for the disposal of or the
2-12 dispensing of the drugs to the person;
2-13 (3) writes false or fictitious prescriptions for
2-14 dangerous drugs as defined by Chapter 483, Health and Safety Code,
2-15 for controlled substances scheduled in the Texas Controlled
2-16 Substances Act (Chapter 481, Health and Safety Code), or for
2-17 controlled substances scheduled in the federal Comprehensive Drug
2-18 Abuse Prevention and Control Act of 1970, 21 U.S.C.A. Section 801
2-19 et seq. (Public Law 91-513); or
2-20 (4) prescribes, administers, or dispenses in a manner
2-21 not consistent with public health and welfare dangerous drugs as
2-22 defined by Chapter 483, Health and Safety Code, controlled
2-23 substances scheduled in the Texas Controlled Substances Act
2-24 (Chapter 481, Health and Safety Code), or controlled substances
2-25 scheduled in the federal Comprehensive Drug Abuse Prevention and
2-26 Control Act of 1970, 21 U.S.C.A. Section 801 et seq. (Public Law
2-27 91-513).
2-28 SECTION 3. Article 4495c, Revised Statutes, is amended by
2-29 adding Section 8 to read as follows:
2-30 Sec. 8. ILLEGAL SUBSTANCES. This Act is not intended nor
2-31 shall it be interpreted to allow for the prescription of any
2-32 illegal substance to any patient or person at any time in violation
2-33 of federal law.
2-34 SECTION 4. This Act takes effect September 1, 1997, and
2-35 applies only to a dangerous drug or controlled substance prescribed
2-36 by a physician on or after that date. A dangerous drug or
2-37 controlled substance prescribed by a physician before the effective
2-38 date of this Act is governed by the law in effect on the date the
2-39 drug or controlled substance was prescribed, and the former law is
2-40 continued in effect for that purpose.
2-41 SECTION 5. The importance of this legislation and the
2-42 crowded condition of the calendars in both houses create an
2-43 emergency and an imperative public necessity that the
2-44 constitutional rule requiring bills to be read on three several
2-45 days in each house be suspended, and this rule is hereby suspended.
2-46 * * * * *