To enact sections 4731.052 and 4731.283 of the Revised Code regarding the authority of physicians to prescribe, dispense, and administer controlled substances for management of intractable pain.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Sec. 4731.052. (A) AS USED IN THIS SECTION:

(1) "INTRACTABLE PAIN" MEANS A STATE OF PAIN THAT IS DETERMINED, AFTER REASONABLE MEDICAL EFFORTS HAVE BEEN MADE TO RELIEVE THE PAIN OR CURE ITS CAUSE, TO HAVE A CAUSE FOR WHICH NO TREATMENT OR CURE IS POSSIBLE OR FOR WHICH NONE HAS BEEN FOUND.

(2) "PHYSICIAN" MEANS AN INDIVIDUAL AUTHORIZED UNDER THIS CHAPTER TO PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY.

(B) THE STATE MEDICAL BOARD SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT ESTABLISH STANDARDS AND PROCEDURES TO BE FOLLOWED BY PHYSICIANS IN THE TREATMENT OF INTRACTABLE PAIN, INCLUDING GUIDELINES FOR MANAGING INTRACTABLE PAIN BY PRESCRIBING, DISPENSING, OR ADMINISTERING CONTROLLED SUBSTANCES IN AMOUNTS OR COMBINATIONS THAT MAY NOT BE APPROPRIATE WHEN TREATING OTHER MEDICAL CONDITIONS. IN DEVELOPING THE RULES, THE BOARD SHALL CONSULT WITH AND PERMIT REVIEW BY PHYSICIANS WHO ARE EXPERIENCED IN THE DIAGNOSIS AND TREATMENT OF INTRACTABLE PAIN.

(C) WHEN A PHYSICIAN DIAGNOSES AN INDIVIDUAL AS HAVING INTRACTABLE PAIN, THE PHYSICIAN MAY TREAT THE PAIN BY MANAGING IT WITH CONTROLLED SUBSTANCES IN AMOUNTS OR COMBINATIONS THAT MAY NOT BE APPROPRIATE WHEN TREATING OTHER MEDICAL CONDITIONS. THE PHYSICIAN'S DIAGNOSIS SHALL BE MADE ACCORDING TO ACCEPTED AND PREVAILING STANDARDS FOR MEDICAL CARE AND AFTER HAVING THE INDIVIDUAL EVALUATED BY ONE OR MORE OTHER PHYSICIANS WHO SPECIALIZE IN THE TREATMENT OF THE AREA, SYSTEM, OR ORGAN OF THE BODY PERCEIVED AS THE SOURCE OF THE PAIN. THE PHYSICIAN SHALL MAINTAIN A RECORD OF ALL OF THE FOLLOWING:

(1) THE DIAGNOSIS OF INTRACTABLE PAIN;

(2) THE PLAN OF TREATMENT PROPOSED;

(3) THE DATE ON WHICH CONTROLLED SUBSTANCES WERE PRESCRIBED, DISPENSED, OR ADMINISTERED AND THE NAME AND ADDRESS OF THE INDIVIDUAL TO OR FOR WHOM THE CONTROLLED SUBSTANCES WERE PRESCRIBED, DISPENSED, OR ADMINISTERED.

(D) A PHYSICIAN WHO TREATS INTRACTABLE PAIN BY MANAGING IT WITH CONTROLLED SUBSTANCES IS NOT SUBJECT TO DISCIPLINARY ACTION BY THE BOARD UNDER SECTION 4731.22 OF THE REVISED CODE SOLELY BECAUSE THE PHYSICIAN TREATED THE INTRACTABLE PAIN WITH CONTROLLED SUBSTANCES. THE PHYSICIAN IS SUBJECT TO DISCIPLINARY ACTION ONLY IF THE CONTROLLED SUBSTANCES ARE NOT PRESCRIBED, ADMINISTERED, OR DISPENSED IN ACCORDANCE WITH THIS SECTION AND THE RULES ADOPTED UNDER IT.

Sec. 4731.283. NOT LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE STATE MEDICAL BOARD SHALL APPROVE ONE OR MORE CONTINUING MEDICAL EDUCATION COURSES OF STUDY INCLUDED WITHIN THE PROGRAMS CERTIFIED BY THE OHIO STATE MEDICAL ASSOCIATION AND THE OHIO OSTEOPATHIC ASSOCIATION PURSUANT TO SECTION 4731.281 of the Revised Code THAT ASSIST DOCTORS OF MEDICINE AND DOCTORS OF OSTEOPATHIC MEDICINE IN DIAGNOSING AND TREATING INTRACTABLE PAIN, AS DEFINED IN SECTION 4731.052 of the Revised Code. DOCTORS SHALL COMPLETE AT LEAST TWO HOURS OF CONTINUING MEDICAL EDUCATION REGARDING INTRACTABLE PAIN IN EACH REGISTRATION PERIOD.