Chapter 480 Oregon Laws 1999

Session Law

AN ACT

SB 582

Relating to intractable pain; amending ORS 677.470 and 677.474.

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

SECTION 1. ORS 677.470 is amended to read:

677.470. As used in ORS 677.470 to 677.485:

(1) "Controlled substance" has the meaning given that term under ORS 475.005.

(2) "Intractable pain" 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 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 body area, system or organ perceived as the source of the intractable pain].

SECTION 2. 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.

(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.

[(3)] (6) Subsections (1) [and (2)] to (5) of this section shall 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.

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

Approved by the Governor July 6, 1999

Filed in the office of Secretary of State July 6, 1999

Effective date October 23, 1999

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