By Mr. Antonioni (by request), a petition (accompanied
by bill, Senate, No. 1208) of Jeffrey Mankiewicz for
legislation to regulate the medical treatment of chronic
intractable pain. Public Health. |
By Mr. Antonioni (by request), a petition (accompanied
by bill, Senate, No. 1208) of Jeffrey Mankiewicz for
legislation to regulate the medical treatment of chronic
intractable pain. Public Health. |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 1 of Chapter 94C of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding the following definitions after the words “or its successor agency” in line 17:
“Chronic intractable pain”, a pain state which has been present on a daily basis for six consecutive months or more and in which the cause of pain cannot be removed or otherwise treated and for which, in the generally accepted course of medical practice, no relief or cure of the cause of the pain has been found after reasonable efforts, including but not limited to evaluation by one or more physicians.
“Chronic intractable pain patient”, a patient who has been determined by a physician to suffer from chronic intractable pain.
SECTION 2. Section 9 of said chapter 94C is hereby amended by inserting after section 9(e) the following sections:
Section 9 ˝. (a) Notwithstanding the provisions of section 9, a physician licensed to practice medicine may prescribe or administer controlled substances to relief to a person in the course of the physician’s treatment of that person for a diagnosed condition causing chronic intractable pain. A physician shall not be subject to prosecution or to disciplinary action by any state or federal agency for prescribing or administering controlled substances in the course of treatment of a chronic intractable pain patient. This section shall not apply to:
(1) a physician’s treatment of a patient for chronic dependency resulting from the misuse of controlled substances used for non-therapeutic purposes, or who is diverting the substances for personal profit, as required by federal law;
(2) a physician who prescribes controlled substances without a legitimate purpose;
(3) a physician who falsifies a prescription or diagnostic information.
(b) Any person who knowingly attempts to intimidate or falsely prosecute a physician engaged in the legitimate treatment of chronic intractable pain shall be guilty of a felony and subject to a fine of no less than $50,000 and a term of no less than five years in the house of correction for each offense.
