AMERICAN PAIN INSTITUTE,

ARKANSAS CHAPTER

 

APIAC

 

 

INTRACTABLE PAIN TREATMENT LAWS

 

While the use of opioid analgesics to manage chronic non-cancer pain is being reassessed clinically and scientifically, it is clear that medical boards are issuing guidelines to recognize this use.

 

State legislatures are also deciding the legal parameters for prescribing opioids.  Legislative consideration of IPTAs is usually stimulated by chronic pain patients who are concerned about access to opioids or by physicians who are concerned about the attitude of their state medical board.  However, some of these laws may further restrict rather than expand access to opioids for chronic pain management.

 

Most IPTAs are based on the Texas law adopted in 1989 (Medical Practice Act of Texas, 1989).  The Texas IPTA defines intractable pain and grants immunity from disciplinary action by the medical board to physicians when they prescribe opioids for intractable pain.  After adoption of the IPTA, the Texas Board of Medical Examiners issued a positive statement that recognized the value of controlled substances in the treatment of pain and specified that the appropriateness of treatment will not be defined solely on the basis of quantity or duration of prescribing, but rather on the basis of diagnosis and treatment objectives (Stasney & Hill, 1993).    More recently, the board issued another positive policy on intractable pain, in this case a regulation (not a guideline) (Texas State Board of Medical Examiners, 1995).

 

In 1990, California adopted an IPTA that followed closely the Texas provisions but in addition required that all patients have a consultation so that the physician can qualify for immunity (California Business and Professions Code, 1990).

 

 

BENEFITS OF IPTAs:

 

One possible benefit of an IPTA is to recognize in the law that there is a legitimate place for opioids in the treatment of chronic pain.  Another perceived benefit is that an immunity provision may protect physicians from discipline, although perhaps not from investigation and its attendant legal costs.  Another benefit of legislative consideration of IPTAs may be the enhancement of public attention to the inadequate treatment of pain.  Such consideration could lead to creation of a state pain commission, which would have access to all of state government and which could conduct a careful study of the problem and guide the development of a variety of needed responses.

 

RISKS OF IPTAs:

 

IPTAs are state pain policies created by elected officials, not by organizations representing medicine and science.  Opening the door to legislative action on medical issues requires careful consideration.  This process is political and complex, and its outcomes are difficult to foresee.

 

Although IPTAs are not always alike, the following is a list of potentially restrictive aspects that are now official policy in some states:

 

            **IPTAs generally define medical use of opioids for intractable pain as a therapy of last                   resort.

            **IPTAs apply to all intractable pain patients, even if they have cancer.

            **IPTAs imply that opioids may be used for pain only in cases where the cause of pain

              cannot be removed.

            **IPTAs exclude pain patients who use drugs “for non-therapeutic purposes”.

            **IPTAs require an evaluation of every pain patient by a specialist in the organ system

               believed to be the cause of pain.

            **Some IPTAs require a signed informed consent form in every case.

 

It is not difficult to imagine how each of these limitations, if actually enforced, could interfere with medical practice and patient care.  It is also difficult to see how IPTAs would actually increase patient access to pain management.

 

CONCLUSION:

 

We should recall that state medical boards have a duty to protect the public from improper prescribing, but that they are also responsible for promoting public health.  A number of boards have recognized the need to clarify their policy regarding prescribing for pain.  Increased collaboration between the pain community and state professional licensing boards should be encouraged and should aim to harmonize clinical practice and regulatory policy.

 

In all of these deliberations, we should strive to achieve a balance so that the management of pain, including the use of opioids when needed, is not impeded by state laws, regulations, or other policies that are based on outdated information.

 

The bottom line is that after weighing all the risks and benefits, the state of Arkansas needs to adopt into law an Intractable Pain Treatment Act.   All citizens deserve the same rights, responsibilities, and treatment.  Quality of life, pain free and able to function, should not be afforded only to those that are either healthy or dying.  It is time for those patients that fall in the middle to no longer be pushed aside and ignored.  Everyone one deserves the right  to experience and live their lives in quality and not quantity.


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