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A BILL TO BE ENTITLED
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AN ACT
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relating to the rights of a patient receiving treatment for severe |
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chronic or acute pain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 107, Occupations Code, is |
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amended to read as follows: |
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CHAPTER 107. [INTRACTABLE] PAIN TREATMENT |
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SECTION 2. Chapter 107, Occupations Code, is amended by |
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adding Subchapter E to read as follows: |
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SUBCHAPTER E. PATIENT BILL OF RIGHTS |
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Sec. 107.201. PATIENT RIGHTS IN PAIN TREATMENT. A patient |
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who suffers from severe chronic or acute pain may: |
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(1) request or reject the use of any or all modalities |
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to relieve the pain; |
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(2) choose from appropriate pharmacologic treatment |
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options to relieve the pain, including opiate medications, without |
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first having to submit to surgery or a medical procedure that |
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results in the destruction of a nerve or other body tissue or the |
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implantation of a drug delivery system or device; and |
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(3) ask the patient's physician to provide an |
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identifying notice of a prescription to treat the pain for purposes |
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of emergency treatment or law enforcement identification. |
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Sec. 107.202. DUTIES OF PHYSICIAN IN PAIN TREATMENT. A |
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physician may refuse to prescribe opiate medication for a patient |
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who requests that treatment for severe chronic or acute pain only if |
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the physician provides the patient with the name of another |
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physician who is qualified to treat the pain employing methods that |
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include the use of opiates. |
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SECTION 3. Section 107.001, Occupations Code, is repealed. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |