334.106. Intractable pain treatment physician may prescribe controlled substances for therapeutic purposes, requirements--exceptions.
Intractable pain treatment physician may prescribe controlledsubstances for therapeutic purposes, requirements--exceptions.
334.106. 1. Notwithstanding any other provision of law to thecontrary, a physician may prescribe, administer or dispense controlledsubstances for a therapeutic purpose to a person diagnosed and treated by aphysician for a condition resulting in intractable pain, if such diagnosisand treatment has been documented in the physician's medical records. Nophysician shall be subject to disciplinary action by the board solely forprescribing, administering or dispensing controlled substances whenprescribed, administered or dispensed for a therapeutic purpose for aperson diagnosed and treated by a physician for a condition resulting inintractable pain, if such diagnosis and treatment has been documented inthe physician's medical records.
2. The provisions of subsection 1 of this section shall not apply tothose persons being treated by a physician for chemical dependency becauseof their use of controlled substances not related to the therapeuticpurposes of treatment of intractable pain.
3. The provisions of subsection 1 of this section provide noauthority to a physician to prescribe, administer or dispense controlledsubstances to a person the physician knows or should know to be usingcontrolled substances which use is not related to the therapeutic purpose.
4. Drug dependency or the possibility of drug dependency in and ofitself is not a reason to withhold or prohibit the prescribing,administering or dispensing of controlled substances for the therapeuticpurpose of treatment of a person for intractable pain, nor shall dependencyrelating solely to such prescribing, administering or dispensing subject aphysician to disciplinary action by the board.
(L. 1995 S.B. 125 § 334.106 subsecs. 1 to 4)