House Bill 313 - Pain Relief Act Summary

• Licensing boards for physicians, nurses, physician assistants, dentists, podiatrists, and pharmacists cannot bring disciplinary action against licensees for prescribing, dispensing, or administering pain relief treatment if the provider demonstrates substantial compliance with accepted pain management guidelines.

• State criminal prosecution cannot be brought against these healthcare providers for intractable pain treatment that substantially complies with accepted guidelines; noncompliance with guidelines alone is insufficient to support disciplinary or criminal action without clinical expert testimony.

• The pain relief protections apply to treatment of all patients with intractable pain regardless of prior or current chemical dependency or addiction.

• Disciplinary action or prosecution remains permitted for failing to maintain complete medical records, writing false prescriptions, violating controlled substance laws, or diverting prescribed medication for personal use.

• Effective date is July 1, 2010.