CHAPTER 107. INTRACTABLE PAIN TREATMENT
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE A. PROVISIONS APPLYING TO HEALTH PROFESSIONS GENERALLY
CHAPTER 107. INTRACTABLE PAIN TREATMENT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 107.001. SHORT TITLE. This chapter may be cited as the
Intractable Pain Treatment Act.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.002(a), eff.
Sept. 1, 2003.
Sec. 107.002. DEFINITIONS. In this chapter:
(1) 'Board' means the Texas State Board of Medical Examiners.
(2) 'Intractable pain' means a state of pain for which:
(A) the cause of the pain cannot be removed or otherwise
treated; and
(B) in the generally accepted course of medical practice, relief
or cure of the cause of the pain:
(i) is not possible; or
(ii) has not been found after reasonable efforts.
(3) 'Physician' means a physician licensed by the board.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.002(a), eff.
Sept. 1, 2003.
Sec. 107.003. NONAPPLICABILITY OF CHAPTER TO CERTAIN CHEMICALLY
DEPENDENT PERSONS. Except as provided by Subchapter C, this
chapter does not apply to a person being treated by a physician
for chemical dependency because of the person's use of a
dangerous drug or controlled substance.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.002(a), eff.
Sept. 1, 2003.
SUBCHAPTER B. PRESCRIPTION AND ADMINISTRATION OF DANGEROUS DRUGS
AND CONTROLLED SUBSTANCES
Sec. 107.051. AUTHORITY TO PRESCRIBE OR ADMINISTER DANGEROUS
DRUG OR CONTROLLED SUBSTANCE. Notwithstanding any other law, a
physician may prescribe or administer a dangerous drug or
controlled substance to a person in the course of the physician's
treatment of the person for intractable pain.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.002(a), eff.
Sept. 1, 2003.
Sec. 107.052. LIMITATIONS ON PRESCRIPTION OR ADMINISTRATION OF
DANGEROUS DRUG OR CONTROLLED SUBSTANCE. This chapter does not
authorize a physician to prescribe or administer to a person a
dangerous drug or controlled substance:
(1) for a purpose that is not a legitimate medical purpose as
defined by the board; and
(2) if the physician knows or should know the person is using
drugs for a nontherapeutic purpose.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.002(a), eff.
Sept. 1, 2003.
Sec. 107.053. LIMITATION ON AUTHORITY OF HOSPITAL OR OTHER
HEALTH CARE FACILITY REGARDING USE OF DANGEROUS DRUG OR
CONTROLLED SUBSTANCE. A hospital or other health care facility
may not prohibit or restrict the use of a dangerous drug or
controlled substance prescribed or administered by a physician
who holds staff privileges at the hospital or facility for a
person diagnosed and treated by a physician for intractable pain.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.002(a), eff.
Sept. 1, 2003.
SUBCHAPTER C. TREATMENT OF CERTAIN PATIENTS
Sec. 107.101. PATIENT. In this subchapter, "patient" includes a
person who:
(1) is currently abusing a dangerous drug or controlled
substance;
(2) is not currently abusing such a drug or substance but has a
history of such abuse; or
(3) lives in an environment that poses a risk for misuse or
diversion to illegitimate use of such a drug or substance.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.002(a), eff.
Sept. 1, 2003.
Sec. 107.102. AUTHORITY TO TREAT. This chapter authorizes a
physician to treat a patient with an acute or chronic painful
medical condition with a dangerous drug or controlled substance
to relieve the patient's pain using appropriate doses, for an
appropriate length of time, and for as long as the pain persists.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.002(a), eff.
Sept. 1, 2003.
Sec. 107.103. DUTY TO MONITOR PATIENT. A physician who treats a
patient under this subchapter shall monitor the patient to ensure
that a prescribed dangerous drug or controlled substance is used
only for the treatment of the patient's painful medical
condition.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.002(a), eff.
Sept. 1, 2003.
Sec. 107.104. DOCUMENTATION AND CONSULTATION REQUIRED. To
ensure that a prescribed dangerous drug or controlled substance
is not diverted to another use and to ensure the appropriateness
of the treatment of the patient's targeted symptoms, the
physician shall:
(1) specifically document:
(A) the understanding between the physician and patient about
the patient's prescribed treatment;
(B) the name of the drug or substance prescribed;
(C) the dosage and method of taking the prescribed drug or
substance;
(D) the number of dose units prescribed; and
(E) the frequency of prescribing and dispensing the drug or
substance; and
(2) consult with a psychologist, psychiatrist, expert in the
treatment of addictions, or other health care professional, as
appropriate.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.002(a), eff.
Sept. 1, 2003.
SUBCHAPTER D. DISCIPLINARY ACTION
Sec. 107.151. DISCIPLINARY ACTION PROHIBITED. A physician is
not subject to disciplinary action by the board for prescribing
or administering a dangerous drug or controlled substance in the
course of treatment of a person for intractable pain.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.002(a), eff.
Sept. 1, 2003.
Sec. 107.152. AUTHORITY OF BOARD TO REVOKE OR SUSPEND LICENSE.
(a) This chapter does not affect the authority of the board to
revoke or suspend the license of a physician who:
(1) prescribes, administers, or dispenses a drug or treatment:
(A) for a purpose that is not a legitimate medical purpose as
defined by the board; and
(B) that is nontherapeutic in nature or nontherapeutic in the
manner the drug or treatment is administered or prescribed;
(2) fails to keep a complete and accurate record of the purchase
and disposal of:
(A) a drug listed in Chapter 481, Health and Safety Code; or
(B) a controlled substance scheduled in the Comprehensive Drug
Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801
et seq.);
(3) writes a false or fictitious prescription for:
(A) a dangerous drug as defined by Chapter 483, Health and
Safety Code;
(B) a controlled substance listed in a schedule under Chapter
481, Health and Safety Code; or
(C) a controlled substance scheduled in the Comprehensive Drug
Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801
et seq.); or
(4) prescribes, administers, or dispenses in a manner
inconsistent with public health and welfare:
(A) a dangerous drug as defined by Chapter 483, Health and
Safety Code;
(B) a controlled substance listed in a schedule under Chapter
481, Health and Safety Code; or
(C) a controlled substance scheduled in the Comprehensive Drug
Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801
et seq.).
(b) For purposes of Subsection (a)(2), the physician's records
must include a record of:
(1) the date of purchase;
(2) the sale or disposal of the drug or substance by the
physician;
(3) the name and address of the person receiving the drug or
substance; and
(4) the reason for the disposal or dispensing of the drug or
substance to the person.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.002(a), eff.
Sept. 1, 2003.
SUBCHAPTER E. PAIN TREATMENT REVIEW COMMITTEE