Minnesota Session Laws - 1997, Regular Session

                            CHAPTER 124-S.F.No. 244 
                  An act relating to health; allowing physicians to 
                  prescribe and administer controlled substances in 
                  cases of intractable pain; proposing coding for new 
                  law in Minnesota Statutes, chapter 152. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [152.125] [INTRACTABLE PAIN.] 
           Subdivision 1.  [DEFINITION.] For purposes of this section, 
        "intractable pain" means a pain state in which the cause of the 
        pain cannot be removed or otherwise treated with the consent of 
        the patient and in which, in the generally accepted course of 
        medical practice, no relief or cure of the cause of the pain is 
        possible, or none has been found after reasonable efforts.  
        Reasonable efforts for relieving or curing the cause of the pain 
        may be determined on the basis of, but are not limited to, the 
        following: 
           (1) when treating a nonterminally ill patient for 
        intractable pain, evaluation by the attending physician and one 
        or more physicians specializing in pain medicine or the 
        treatment of the area, system, or organ of the body perceived as 
        the source of the pain; or 
           (2) when treating a terminally ill patient, evaluation by 
        the attending physician who does so in accordance with the level 
        of care, skill, and treatment that would be recognized by a 
        reasonably prudent physician under similar conditions and 
        circumstances. 
           Subd. 2.  [PRESCRIPTION AND ADMINISTRATION OF CONTROLLED 
        SUBSTANCES FOR INTRACTABLE PAIN.] Notwithstanding any other 
        provision of this chapter, a physician may prescribe or 
        administer a controlled substance in schedules II to V of 
        section 152.02 to an individual in the course of the physician's 
        treatment of the individual for a diagnosed condition causing 
        intractable pain.  No physician shall be subject to disciplinary 
        action by the board of medical practice for appropriately 
        prescribing or administering a controlled substance in schedules 
        II to V of section 152.02 in the course of treatment of an 
        individual for intractable pain, provided the physician keeps 
        accurate records of the purpose, use, prescription, and disposal 
        of controlled substances, writes accurate prescriptions, and 
        prescribes medications in conformance with chapter 147. 
           Subd. 3.  [LIMITS ON APPLICABILITY.] This section does not 
        apply to: 
           (1) a physician's treatment of an individual for chemical 
        dependency resulting from the use of controlled substances in 
        schedules II to V of section 152.02; 
           (2) the prescription or administration of controlled 
        substances in schedules II to V of section 152.02 to an 
        individual whom the physician knows to be using the controlled 
        substances for nontherapeutic purposes; 
           (3) the prescription or administration of controlled 
        substances in schedules II to V of section 152.02 for the 
        purpose of terminating the life of an individual having 
        intractable pain; or 
           (4) the prescription or administration of a controlled 
        substance in schedules II to V of section 152.02 that is not a 
        controlled substance approved by the United States Food and Drug 
        Administration for pain relief. 
           Subd. 4.  [NOTICE OF RISKS.] Prior to treating an 
        individual for intractable pain in accordance with subdivision 
        2, a physician shall discuss with the individual the risks 
        associated with the controlled substances in schedules II to V 
        of section 152.02 to be prescribed or administered in the course 
        of the physician's treatment of an individual, and document the 
        discussion in the individual's record. 
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective the day following final enactment. 
           Presented to the governor May 8, 1997 
           Signed by the governor May 9, 1997, 8:02 a.m.