OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE A. PROVISIONS APPLYING TO HEALTH PROFESSIONS GENERALLY
CHAPTER 107. INTRACTABLE PAIN TREATMENT
SUBCHAPTER A. GENERAL PROVISIONS
Chapter 107, Intractable Pain Treatment, consisting of Secs.
107.001 to 107.152, was added by Acts 2003, 78th Leg., ch. 1276,
§ 14.002(a).
For another Chapter 107, Telemedicine and Telehealth,
consisting of Secs. 107.001 to 107.004, added by Acts 2003, 78th
Leg., ch. 1274, § 22, see § 107.001 et seq., ante.
Subchapter A. GENERAL PROVISIONS
§ 107.001. SHORT TITLE. This chapter may be cited as
the Intractable Pain Treatment Act.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.002(a), eff. Sept.
1, 2003.
§ 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, § 14.002(a), eff. Sept.
1, 2003.
§ 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, § 14.002(a), eff. Sept.
1, 2003.
SUBCHAPTER B. PRESCRIPTION AND ADMINISTRATION OF DANGEROUS DRUGS
AND CONTROLLED SUBSTANCES
§ 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, § 14.002(a), eff. Sept.
1, 2003.
§ 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, § 14.002(a), eff. Sept.
1, 2003.
§ 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, § 14.002(a), eff. Sept.
1, 2003.
SUBCHAPTER C. TREATMENT OF CERTAIN PATIENTS
§ 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, § 14.002(a), eff. Sept.
1, 2003.
§ 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, § 14.002(a), eff. Sept.
1, 2003.
§ 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, § 14.002(a), eff. Sept.
1, 2003.
§ 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, § 14.002(a), eff. Sept.
1, 2003.
SUBCHAPTER D. DISCIPLINARY ACTION
§ 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, § 14.002(a), eff. Sept.
1, 2003.
§ 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, § 14.002(a), eff. Sept.
1, 2003.
