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As Passed by the House
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 187 |
REPRESENTATIVES THOMAS-VAN VYVEN-BRADING-TAYLOR-TERWILLEGER-
MYERS-MOTTLEY-GARCIA-HARRIS-CORBIN-LEWIS-OPFER-O'BRIEN-
GRENDELL-LUCAS-BENDER-FORD-OLMAN-FOX-TAVARES-LAWRENCE-
THOMPSON-PRENTISS-LOGAN-BOYD-VESPER-WILLIAMS-PATTON-MASON-
CORE-MOTTL-SYKES-CAREY-PADGETT-SAWYER-OGG-MEAD-HOUSEHOLDER-
REID-JOHNSON-BEATTY-HEALY-CATES-STAPLETON-VERICH-ROMAN-
JONES-MILLER-SALERNO
A BILL
To enact sections 4731.052 and 4731.283 of the Revised Code
regarding the authority of physicians to prescribe, dispense,
and administer
dangerous drugs for management of intractable
pain.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4731.052 and 4731.283 of the
Revised Code be enacted to read as follows:
Sec. 4731.052. (A) AS USED IN THIS SECTION:
(1) "DANGEROUS DRUG" HAS THE SAME MEANING AS IN SECTION 4729.02 of the Revised Code.
(2) "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.
(3) "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 DIAGNOSIS AND TREATMENT OF
INTRACTABLE PAIN, INCLUDING STANDARDS FOR MANAGING INTRACTABLE
PAIN BY PRESCRIBING, DISPENSING, OR ADMINISTERING DANGEROUS
DRUGS 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 DANGEROUS
DRUGS IN AMOUNTS OR COMBINATIONS THAT MAY NOT BE
APPROPRIATE WHEN TREATING OTHER MEDICAL CONDITIONS. THE
PHYSICIAN'S DIAGNOSIS SHALL BE MADE 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'S DIAGNOSIS AND TREATMENT DECISIONS SHALL BE MADE ACCORDING TO
ACCEPTED AND PREVAILING STANDARDS FOR MEDICAL CARE. THE PHYSICIAN SHALL
MAINTAIN A RECORD OF ALL OF THE FOLLOWING:
(1) MEDICAL HISTORY AND PHYSICAL EXAMINATION OF THE INDIVIDUAL;
(2) THE DIAGNOSIS OF INTRACTABLE PAIN, INCLUDING SIGNS, SYMPTOMS, AND
CAUSES;
(3) THE PLAN OF TREATMENT PROPOSED, THE PATIENT'S RESPONSE TO TREATMENT,
AND ANY MODIFICATION TO THE PLAN OF TREATMENT;
(4) THE DATES ON WHICH DANGEROUS DRUGS WERE
PRESCRIBED, DISPENSED, OR ADMINISTERED, THE NAME AND ADDRESS
OF THE INDIVIDUAL TO OR FOR WHOM THE DANGEROUS DRUGS WERE
PRESCRIBED, DISPENSED, OR ADMINISTERED, AND THE AMOUNTS AND DOSAGE FORMS FOR
THE DANGEROUS DRUGS PRESCRIBED, DISPENSED, OR ADMINISTERED;
(5) A COPY OF THE REPORT MADE BY THE PHYSICIAN OR THE PHYSICIAN TO WHOM
REFERRAL FOR EVALUATION WAS MADE UNDER THIS DIVISION.
(D) A PHYSICIAN WHO
TREATS INTRACTABLE PAIN BY MANAGING IT WITH DANGEROUS
DRUGS 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 DANGEROUS
DRUGS. THE PHYSICIAN IS SUBJECT TO DISCIPLINARY
ACTION ONLY IF THE DANGEROUS DRUGS 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.
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