19-03.3 Controlled Substances for Care and Treatment
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<![CDATA[CHAPTER 19-03.3CONTROLLED SUBSTANCES FOR CARE AND TREATMENT19-03.3-01. Definitions. As used in this chapter, unless the context otherwise requires:1."Board" means the state board of medical examiners.2."Pain" means acute pain and chronic pain.Acute pain is the normal, predictedphysiological response to a noxious chemical or thermal or mechanical stimulus and<br>typically is associated with invasive procedures, trauma, or disease, and is generally<br>time-limited. Chronic pain is a state that persists beyond the usual course of an<br>acute disease or healing of an injury or that may or may not be associated with an<br>acute or chronic pathologic process that causes continuous or intermittent pain over<br>months or years.3."Physician" means a physician licensed by the board.19-03.3-02. Prescription or administration of drugs by physician. Notwithstandingany other provision of law, a physician may prescribe or administer controlled substances to a<br>patient in the course of the physician's treatment of the patient for pain. A physician shall keep<br>records of purchases and disposals of controlled substances prescribed or administered under<br>this section. The records must include the date of purchase, the date of sale or administration by<br>the physician, the name and address of the patient, and the reason for the prescribing or the<br>administering of the substances to the patient.19-03.3-03. Restriction by hospital or health care facility of prescribed drug useprohibited.No hospital or health care facility may forbid or restrict the use of controlledsubstances when prescribed or administered by a physician having staff privileges at that<br>hospital or health care facility for a patient diagnosed and treated by a physician for pain.19-03.3-04.Disciplinary action for prescribing or administering drug treatmentprohibited. The board may not discipline a physician for prescribing or administering controlled<br>substances in the course of treatment of a patient for pain under this chapter.19-03.3-05. Application. This chapter does not apply to a person being treated by aphysician for chemical dependency because of the person's use of controlled substances not<br>related to treatment for pain.This chapter does not authorize a physician to prescribe oradminister any drug legally classified as a controlled substance or as an addictive or dangerous<br>drug for other than medically accepted therapeutic purposes.A person to whom controlledsubstances are prescribed or administered for pain is not exempt from section 39-08-01 or<br>39-20-04.1.19-03.3-06. Cancellation, revocation, or suspension of physician's license. Thischapter does not limit the authority of the board to cancel, revoke, or suspend the license of any<br>physician who:1.Prescribes or administers a drug or treatment that is nontherapeutic in nature or<br>nontherapeutic in the manner the drug or treatment is administered or prescribed.2.Fails to keep complete and accurate records of purchases and disposals of<br>controlled substances listed in chapter 19-03.1.3.Writes false or fictitious prescriptions for controlled substances scheduled in chapter<br>19-03.1.Page No. 1Document Outlinechapter 19-03.3 controlled substances for care and treatment]]>