MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Public Health and Welfare

By: Senator(s) Kirby

AN ACT ENTITLED THE "INTRACTABLE PAIN TREATMENT ACT"; TO PROVIDE THAT A PHYSICIAN MAY PRESCRIBE OR ADMINISTER DANGEROUS OR CONTROLLED DRUGS TO A PERSON IN THE COURSE OF TREATMENT FOR INTRACTABLE PAIN; TO PROVIDE CERTAIN EXCEPTIONS TO THE ACT AND TO AUTHORIZE THE MISSISSIPPI BOARD OF MEDICAL LICENSURE TO DISCIPLINE A LICENSED PHYSICIAN FOR CERTAIN ACTIONS NOTWITHSTANDING THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. 

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

SECTION 1. Short title.

This act may be cited as the "Intractable Pain Treatment Act."

SECTION 2. Definitions.

For the purposes of this act:

(a) "Board" means the Mississippi State Board of Medical Examiners.

(b) "Physician" means a licensee of the Mississippi State Board of Medical Examiners.

(c) "Intractable pain" means a pain state in which the cause of the pain cannot be removed or otherwise treated and 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.

SECTION 3. Prescription or administration of drugs by physician.

Notwithstanding any other provision of law, a physician may prescribe or administer dangerous drugs or controlled substances to a person in the course of the physician's treatment of a person for intractable pain.

SECTION 4. Restriction by hospital or health care facility of prescribed drug use prohibited.

No hospital or health care facility may forbid or restrict the use of dangerous drugs or controlled substances when prescribed or administered by a physician having staff privileges at that hospital or health care facility for a person diagnosed and treated by a physician for intractable pain.

SECTION 5. Disciplinary action against physician for prescribing or administering drug treatment prohibited.

No physician may be subject to disciplinary action by the board for prescribing or administering dangerous drugs or controlled substances in the course of treatment of a person for intractable pain.

SECTION 6. Application of act to chemically dependent persons.

(1) The provisions of this act shall not apply to those persons being treated by the physician for chemical dependency because of their use of dangerous drugs or controlled substances.

(2) The provisions of this act provide no authority to a physician to prescribe or administer dangerous drugs or controlled substances to a person the physician knows or should know to be using drugs for nontherapeutic purposes.

SECTION 7. Cancellation, revocation or suspension of physician's license.

Nothing in this act shall deny the right of the Mississippi State Board of Medical Examiners to cancel, revoke or suspend the license of any physician who:

(a) Prescribes or administers a drug or treatment that is nontherapeutic in nature or nontherapeutic in the manner the drug or treatment is administered or prescribed;

(b) Fails to keep complete and accurate records of purchases and disposals of drugs listed in the Mississippi Uniform Controlled Substances Act or of controlled substances scheduled in the federal Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C.A. Section 801 et seq. (Public Law 91-513). A physician shall keep records of his purchases and disposals of these drugs to include the date of purchase, 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;

(c) Writes false or fictitious prescriptions for controlled substances scheduled in the Mississippi Uniform Controlled Substances Act, or for controlled substances scheduled in the federal Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C.A. Section 801 et seq. (Public Law 91-513); or

(d) Prescribes, administers or dispenses in a manner not consistent with public health and welfare, controlled substances scheduled in the Mississippi Uniform Controlled Substances Act, or controlled substances scheduled in the federal Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C.A. Section 801 et seq. (Public Law 91-513).

SECTION 8. This act shall take effect and be in force from and after July 1, 1998.