72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2406
 
                         Senate Bill 436
 
Sponsored by Senator DUKES, Representative HANSEN (at the request
  of Oregon Pain Commission, Hank Holmes, M.D.)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Exempts physician from discipline for treating patient with
controlled substances for duration of intractable pain.
Eliminates requirement for evaluation by physician specialist
prior to treatment. Requires certain records and notices to be in
form provided and approved by Board of Medical Examiners.
 
                        A BILL FOR AN ACT
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 { + , in a
form provided and approved by the board, + } 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.
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