Chapter 408 Oregon Laws 2003

AN ACT

SB 436

Relating to treatment of intractable pain; amending ORS 677.474, 677.480 and 677.485.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 677.474 is amended to read:

677.474. (1) Notwithstanding any other provision of this chapter, a physician licensed under this chapter 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.

(2) A physician shall not 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 with the goal of controlling the patient’s pain for the duration of the pain.

[(3) Upon diagnosis or recognition of a pain state as being intractable as defined in ORS 677.470, and prior to or at the time of the initiation of therapy with controlled substances on a chronic basis, the attending physician shall obtain an evaluation by one or more physicians specializing in the treatment of the body area, system or organ perceived as the source of the intractable pain.]

[(4) If the attending physician prescribing or administering controlled substances to a patient with intractable pain is an acknowledged specialist in the treatment of the body area, system or organ perceived as the source of the intractable pain, the evaluation requirement of subsection (3) of this section is deemed to have been met.]

[(5) If the attending physician determines that the evaluation required under subsection (3) of this section is impossible for the patient because of cost or access, the Board of Medical Examiners may grant an exception to the statutory requirement.]

[(6)] (3) Subsections (1) [to (5)] and (2) of this section [shall] do not apply to:

(a) A physician’s treatment of a person for chemical dependency resulting from the use of controlled substances;

(b) The prescription or administration of controlled substances to a person the physician knows to be using the controlled substances for nontherapeutic purposes;

(c) The prescription or administration of controlled substances for the purpose of terminating the life of a person having intractable pain, except as allowed under ORS 127.800 to 127.897; or

(d) The prescription or administration of a substance that is not a controlled substance approved by the United States Food and Drug Administration for pain relief.

[(7)] (4) Subsection (2) of this section [shall] does not exempt the governing body of any hospital or other medical facility from the requirements of ORS 441.055.

SECTION 2. ORS 677.480 is amended to read:

677.480. ORS [677.475 shall] 677.474 does not prohibit the Board of Medical Examiners from placing on probation or denying, revoking, limiting or suspending 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 as administered or prescribed or that is administered or prescribed for a nontherapeutic purpose.

(2) Fails to keep a complete and accurate record of controlled substance purchases, dispensing and disposal as required by the Comprehensive Drug Abuse Prevention and Control Act of 1970 (P.L. 91-513), other federal law or ORS 475.005 to 475.285 and 475.940 to 475.999.

(3) Prescribes controlled substances without a legitimate medical purpose.

(4) Prescribes, administers or dispenses controlled substances in a manner detrimental to the best interest of the public.

(5) Prescribes, administers or dispenses a controlled substance in a manner prohibited under ORS 475.005 to 475.285 or 475.940 to 475.999.

(6) Falsifies prescription information, including, but not limited to, the identity of the recipient.

SECTION 3. ORS 677.485 is amended to read:

677.485. Prior to commencing the treatment of intractable pain as allowed under ORS [677.475] 677.474, the physician shall provide to the person and the person shall sign a written notice, provided and approved by the board, disclosing the material risks associated with the prescribed or administered controlled substances to be used in the course of the physician’s treatment of that person.

Approved by the Governor June 17, 2003

Filed in the office of Secretary of State June 18, 2003

Effective date January 1, 2004

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