As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 187 5
1997-1998 6
REPRESENTATIVES THOMAS-VAN VYVEN-BRADING-TAYLOR-TERWILLEGER- 8
MYERS-MOTTLEY-GARCIA-HARRIS-CORBIN-LEWIS-OPFER-O'BRIEN- 9
GRENDELL-LUCAS-BENDER-FORD-OLMAN-FOX-TAVARES-LAWRENCE- 10
THOMPSON-PRENTISS-LOGAN-BOYD 11
13
A B I L L
To enact sections 4731.052 and 4731.283 of the 15
Revised Code regarding the authority of 16
physicians to prescribe, dispense, and 17
administer controlled substances for management 18
of intractable pain. 19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 4731.052 and 4731.283 of the 23
Revised Code be enacted to read as follows: 24
Sec. 4731.052. (A) AS USED IN THIS SECTION: 26
(1) "INTRACTABLE PAIN" MEANS A STATE OF PAIN THAT IS 28
DETERMINED, AFTER REASONABLE MEDICAL EFFORTS HAVE BEEN MADE TO 29
RELIEVE THE PAIN OR CURE ITS CAUSE, TO HAVE A CAUSE FOR WHICH NO 31
TREATMENT OR CURE IS POSSIBLE OR FOR WHICH NONE HAS BEEN FOUND. 32
(2) "PHYSICIAN" MEANS AN INDIVIDUAL AUTHORIZED UNDER THIS 34
CHAPTER TO PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE 35
AND SURGERY. 36
(B) THE STATE MEDICAL BOARD SHALL ADOPT RULES IN 39
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT ESTABLISH 41
STANDARDS AND PROCEDURES TO BE FOLLOWED BY PHYSICIANS IN THE 42
TREATMENT OF INTRACTABLE PAIN, INCLUDING GUIDELINES FOR MANAGING 43
INTRACTABLE PAIN BY PRESCRIBING, DISPENSING, OR ADMINISTERING 44
CONTROLLED SUBSTANCES IN AMOUNTS OR COMBINATIONS THAT MAY NOT BE 45
APPROPRIATE WHEN TREATING OTHER MEDICAL CONDITIONS. IN 46
2
DEVELOPING THE RULES, THE BOARD SHALL CONSULT WITH AND PERMIT 47
REVIEW BY PHYSICIANS WHO ARE EXPERIENCED IN THE DIAGNOSIS AND 48
TREATMENT OF INTRACTABLE PAIN. 49
(C) WHEN A PHYSICIAN DIAGNOSES AN INDIVIDUAL AS HAVING 52
INTRACTABLE PAIN, THE PHYSICIAN MAY TREAT THE PAIN BY MANAGING IT 53
WITH CONTROLLED SUBSTANCES IN AMOUNTS OR COMBINATIONS THAT MAY 54
NOT BE APPROPRIATE WHEN TREATING OTHER MEDICAL CONDITIONS. THE 55
PHYSICIAN'S DIAGNOSIS SHALL BE MADE ACCORDING TO ACCEPTED AND 56
PREVAILING STANDARDS FOR MEDICAL CARE AND AFTER HAVING THE 57
INDIVIDUAL EVALUATED BY ONE OR MORE OTHER PHYSICIANS WHO 58
SPECIALIZE IN THE TREATMENT OF THE AREA, SYSTEM, OR ORGAN OF THE 59
BODY PERCEIVED AS THE SOURCE OF THE PAIN. THE PHYSICIAN SHALL 60
MAINTAIN A RECORD OF ALL OF THE FOLLOWING: 61
(1) THE DIAGNOSIS OF INTRACTABLE PAIN; 63
(2) THE PLAN OF TREATMENT PROPOSED; 65
(3) THE DATE ON WHICH CONTROLLED SUBSTANCES WERE 67
PRESCRIBED, DISPENSED, OR ADMINISTERED AND THE NAME AND ADDRESS 68
OF THE INDIVIDUAL TO OR FOR WHOM THE CONTROLLED SUBSTANCES WERE 69
PRESCRIBED, DISPENSED, OR ADMINISTERED. 70
(D) A PHYSICIAN WHO TREATS INTRACTABLE PAIN BY MANAGING IT 73
WITH CONTROLLED SUBSTANCES IS NOT SUBJECT TO DISCIPLINARY ACTION 74
BY THE BOARD UNDER SECTION 4731.22 OF THE REVISED CODE SOLELY 76
BECAUSE THE PHYSICIAN TREATED THE INTRACTABLE PAIN WITH 77
CONTROLLED SUBSTANCES. THE PHYSICIAN IS SUBJECT TO DISCIPLINARY 78
ACTION ONLY IF THE CONTROLLED SUBSTANCES ARE NOT PRESCRIBED, 79
ADMINISTERED, OR DISPENSED IN ACCORDANCE WITH THIS SECTION AND 80
THE RULES ADOPTED UNDER IT. 81
Sec. 4731.283. NOT LATER THAN NINETY DAYS AFTER THE 90
EFFECTIVE DATE OF THIS SECTION, THE STATE MEDICAL BOARD SHALL 91
APPROVE ONE OR MORE CONTINUING MEDICAL EDUCATION COURSES OF STUDY 92
INCLUDED WITHIN THE PROGRAMS CERTIFIED BY THE OHIO STATE MEDICAL 94
ASSOCIATION AND THE OHIO OSTEOPATHIC ASSOCIATION PURSUANT TO 95
SECTION 4731.281 OF THE REVISED CODE THAT ASSIST DOCTORS OF 96
MEDICINE AND DOCTORS OF OSTEOPATHIC MEDICINE IN DIAGNOSING AND 98
3
TREATING INTRACTABLE PAIN, AS DEFINED IN SECTION 4731.052 OF THE 99
REVISED CODE. DOCTORS SHALL COMPLETE AT LEAST TWO HOURS OF
CONTINUING MEDICAL EDUCATION REGARDING INTRACTABLE PAIN IN EACH 100
REGISTRATION PERIOD. 101