ENGROSSED SENATE
BILL NO. 260 	By:	Gumm of the Senate

			and

		Carey of the House

[ public health and safety - Intractable Pain Treatment Act - expiration date - membership - travel reimbursement - codification - 		effective date ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-316.1 of Title 63, unless there is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Intractable Pain Treatment Act”.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-316.2 of Title 63, unless there is created a duplication in numbering, reads as follows:
As used in the Intractable Pain Treatment Act:
“Intractable pain” means a state of pain for which:
1.  The cause of the pain cannot be removed or otherwise treated; and
2.  In the generally accepted course of medical practice, relief or cure of the cause of the pain:
a.	is not possible, or
b.	has not been found after reasonable efforts.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-316.3 of Title 63, unless there is created a duplication in numbering, reads as follows:
A.  Notwithstanding any other provision of law, a physician may prescribe or administer a controlled dangerous substance to a person in the course of the physician’s treatment of the person for intractable pain.
B.  Nothing in this act shall be construed to authorize a physician to prescribe or administer to a person a controlled dangerous substance:
1.  For a purpose that is not a legitimate medical purpose as defined by the State Board of Medical Licensure and Supervision for Medical Doctors or the State Board of Osteopathic Examiners for Doctors of Osteopathy; and
2.  If the physician knows or should know the person is using drugs for nontherapeutic purpose.
C.  A hospital or other health care facility shall not prohibit or restrict the use of a controlled dangerous substance prescribed or administered by a physician who holds staff privileges at the hospital or facility for a person diagnosed and treated by a physician for intractable pain.
SECTION 4.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-316.4 of Title 63, unless there is created a duplication in numbering, reads as follows:
A.  A physician is authorized to treat a patient with an acute or chronic painful medical condition with a controlled dangerous substance to relieve the patient’s pain using appropriate doses, for an appropriate length of time, and for as long as the pain persists.
B.  A physician who treats a patient under this act shall monitor the patient to ensure that a prescribed controlled dangerous substance is used only for the treatment of the patient’s painful medical condition.
C.  To ensure that a prescribed controlled dangerous substance is not diverted to another use and to ensure the appropriateness of the treatment of the patient’s targeted symptoms, the physician shall:
1.  Specifically document:
a.	the understanding between the physician and the patient about the patient’s prescribed treatment,
b.	the name of the drug or substance prescribed,
c.	the dosage and method of taking the prescribed drug or substance,
d.	the number of dose units prescribed, and
e.	the frequency of prescribing and dispensing the drug or substance; and
2.  Consult with a psychologist, psychiatrist, expert in the treatment of addiction, or other health care professional, as appropriate.
D.  As used in this section, “patient” shall include a person who:
1.  Is currently abusing a controlled dangerous substance;
2.  Is not currently abusing the drug or substance but has a history of such abuse; or
3.  Lives in an environment that poses a risk for misuse or diversion to illegitimate use of the drug or substance.
E.  Any patient who diverts any drug or substance prescribed under this act for any illegitimate use, including, but not limited to, the sale or transfer of the drug or substance to any other person, shall, in addition to any criminal penalties, no longer be treated with any drug or substance by any physician for intractable pain as permitted under the provisions of this act.
SECTION 5.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-316.5 of Title 63, unless there is created a duplication in numbering, reads as follows:
A.  A physician is not subject to disciplinary action by the State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners for prescribing or administering a controlled dangerous substance in the course of treatment for a person for intractable pain.
B.  Nothing in this act shall be construed to affect the authority of the State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners to revoke or suspend the license of a physician who:
1.  Prescribes, administers, or dispenses a drug or treatment:
a.	for a purpose that is not a legitimate medical purpose as defined by State Board of Medical Licensure and Supervision for Medical Doctors or the State Board of Osteopathic Examiners for Doctors of Osteopathy, and
b.	that is nontherapeutic in nature or nontherapeutic in the manner the drug or treatment is administered or prescribed;
2.  Fails to keep a complete and accurate record of the purpose and disposal of:
a.	a drug regulated under the Uniform Controlled Dangerous Substances Act, or
b.	a controlled substance scheduled in the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C., Section 801 et seq.;
3.  Writes a false or fictitious prescription for:
a.	a controlled dangerous substance regulated under the Uniform Controlled Dangerous Substances Act, or
b.	a controlled substance scheduled in the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C., Section 801 et seq.; or
4.  Prescribes, administers, or dispenses in a manner inconsistent with public health and welfare:
a.	a controlled dangerous substance regulated under the Uniform Controlled Dangerous Substances Act, or
b.	a controlled substance scheduled in the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C., Section 801 et seq.
C.  For purposes of this section, the physician’s records must include a record of:
1.  The date of purchase;
2.  The sale or disposal of the drug or substance by the physician;
3.  The name and address of the person receiving the drug or substance; and
4.  The reason for the dispensing of the drug or substance to the person.
SECTION 6.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-316.6 of Title 63, unless there is created a duplication in numbering, reads as follows:
Except as provided by Section 4 of this act, the Intractable Pain Treatment Act shall not apply to a person being treated by a physician for chemical dependency because of the person’s use of a controlled dangerous substance.
SECTION 7.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-316.7 of Title 63, unless there is created a duplication in numbering, reads as follows:
A.  There is hereby created, to continue until November 1, 2011, in accordance with the provisions of the Oklahoma Sunset Law, an Intractable Pain Treatment Advisory Committee to advise the Board of Pharmacy on matters involving intractable pain treatment and the Intractable Pain Treatment Act.
B.  The advisory committee shall:
1.  Study the relevant provisions in state law that relate to the administration of prescription medication, controlled dangerous substances, and the needs of patients for effective pain control and management to determine how they affect public health needs, the professional medical community, and persons affected by acute, chronic, or end-of-life pain; and
2.  Make recommendations as necessary to the Board of Pharmacy and the Legislature on changes to the laws and regulations involving intractable pain treatment and the Intractable Pain Treatment Act.
C.  The membership of the advisory committee shall consist of eleven (11) members as follows:
1.  Five members appointed by the President Pro Tempore of the Senate as follows:
a.	a physician who practices at a public hospital in the state,
b.	a physician who practices at a private hospital in the state,
c.	a physician who practices in the state as a psychiatrist specializing in the treatment of addictive diseases,
d.	a probate court judge licensed to practice law in the state, and
e.	a member of the governing board of the state chapter of a national cancer society, or designee;
2.  Five members appointed by the Speaker of the House of Representatives as follows:
a.	a member of the governing board of an association of physicians in the state, or designee,
b.	a member of the governing board of an association of nurses in the state, or designee,
c.	an officer of a public hospital in the state who is a member of the governing board of an association of hospitals in the state, or designee,
d.	an officer of a private hospital in the state who is a member of the governing board of an association of hospitals in the state, or designee, and
e.	a public member who is a resident of the state; and
3.  The Attorney General, or designee.
D.  The following persons shall serve on the advisory committee as nonvoting resource members and shall be appointed by the director of the agency the member represents:
1.  A physician representative of the State Board of Medical Licensure and Supervision;
2.  A physician representative of the State Board of Osteopathic Examiners;
3.  A nurse representative of the Oklahoma Board of Nursing;
4.  A representative of the State Department of Health; and
5.  A representative of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control.
E.  The chair and vice-chair of the advisory committee shall be selected from among the voting members of the advisory committee by the voting members of the advisory committee.
F.  A quorum of the advisory committee shall be required in order for any final action of the advisory committee.
G.  Members of the advisory committee shall receive no compensation for their service, but shall receive travel reimbursement for necessary travel expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.
SECTION 8.  This act shall become effective November 1, 2009.
Passed the Senate the 25th day of February, 2009.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2009.

	
Presiding Officer	of the House
	of Representatives