Report Title:

Chronic Intractable Pain Treatment Act

Description:

Allows licensed physicians to prescribe controlled substances to treat chronic intractable pain, and prohibits board of medical examiners from taking disciplinary action against physician for such action.

HOUSE OF REPRESENTATIVES

H.B. NO.

1842

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to chronic intractable pain treatment.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 329, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part  .  chronic intractable pain treatment act

§329-A Chronic intractable pain treatment. (a) Notwithstanding any other law to the contrary, a licensed physician may prescribe or administer controlled substances to a person in the course of the physician's treatment of that person for a diagnosed condition causing intractable pain.

(b) "Intractable pain", as used in this part, means a pain state in which the cause of the pain cannot be removed or otherwise treated and for which, in the generally accepted course of medical practice, no relief or cure of the cause of the pain is possible or none has been found after reasonable efforts, including but not limited to evaluation by the attending physician and one or more physicians specializing in the treatment of the area, system, or organ of the body perceived as the source of the pain.

(c) No physician shall be subject to disciplinary action by the board of medical examiners for prescribing or administering controlled substances in the course of treatment of a person for intractable pain.

(d) This section shall not apply to those persons being treated by the physician for chemical dependency because of their use of drugs or controlled substances.

(e) This section shall not authorize a physician to prescribe or administer controlled substances to a person the physician knows to be using drugs or substances for nontherapeutic purposes.

(f) This section shall not affect the power of the board of medical examiners to deny, revoke, or suspend the license of any physician who does any of the following:

(1) Prescribes or administers a controlled substance or treatment that is nontherapeutic in nature or nontherapeutic in the manner the controlled substance or treatment is administered or prescribed or is for a nontherapeutic purpose in a nontherapeutic manner;

(2) Fails to keep complete and accurate records of purchases and disposals of substances listed in this chapter or of controlled substances scheduled in, or pursuant to, the federal Comprehensive Drug Abuse Prevention and Control Act of 1970. A physician shall keep records of purchases and disposals of these drugs, including the date of purchase, the date and records of the sale or disposal of the drugs by the physician, the name and address of the person receiving the drugs, and the reason for the disposal of or the dispensing of the drugs to the person, and shall otherwise comply with all recordkeeping requirements for controlled substances;

(3) Writes false or fictitious prescriptions for controlled substances listed in this chapter or scheduled in the federal Comprehensive Drug Abuse Prevention and Control Act of 1970; and

(4) Prescribes, administers, or dispenses controlled substances listed in this chapter or scheduled in the federal Comprehensive Drug Abuse Prevention and Control Act of 1970 in a manner not consistent with public health and welfare."

SECTION 2. This Act shall take effect upon its approval.

INTRODUCED BY:

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