The Proposed Federal Chronic Pain Act

PUNISHMENT FOR FAILING TO TREAT PAIN AND
PUNISHMENT FOR INTERFERING IN THE TREATMENT OF PAIN

FROM
THE NATIONAL FOUNDATION
FOR THE
TREATMENT OF PAIN

Written by Dr. Joel Hochman of the
National Foundation for the Treatment of Pain





SUMMARY

* Allows physicians to administer or authorize administration of controlled substances as
warranted in physician's professional judgment.

* Defines chronic pain.

* Requires physicians to obtain a second opinion.

* Prohibits the under treatment, denial of treatment or abuse of chronic pain patients and their treating physician.

* Establishes penalties for violations.





BE IT HEREBY ENACTED BY

THE CONGRESS OF THE UNITED STATES:

SECTION 1

1.

Controlled substance has the meaning given that term under US definition.

2.

Chronic pain means "a pain state in which the cause of the 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 the physician." (and one or more independent physicians).


SECTION 2


1.

A physician licensed to practice medicine may prescribe or administer controlled substances to a person in the course of the physician's treatment of that person for a diagnosed condition causing chronic pain.

2.

A physician shall not be subject to prosecution or to disciplinary action by any federal agency or any State Board of Medical examiners for prescribing or administering controlled substances in the course of treatment of a chronic pain patient.


This section shall not apply to:


A.

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.


B.

Prescribes controlled substances without a legitimate purpose;


C.

Falsifies prescription or diagnostic information.


SECTION 3


1.

Prior to commencing the treatment of chronic pain, the physician shall provide the patient and the patient will sign a written notice disclosing the material risks associated with the prescribed or administered controlled substances to be used in the course of the physician's treatment of the patient.


SECTION 4
PENALTIES

l.

Any person who refuses to adequately treat, or who knowingly under treats, a patient's chronic pain, shall be guilty of a federal felony and shall be subject to a fine of no less than $5,000 and no more than $10,000, and to a sentence in jail of no less than one year, for each instance during the commission of a first offense. Chronic offenders shall be subject to a fine of no less than $25,000 and a five year term in jail for each offense.


2.

Any physician who chooses to not treat chronic pain because they conclude that they are not professionally qualified to do so, must refer every chronic pain patient to a physician professionally qualified and willing to treat chronic pain. Failure to competently refer a chronic pain patient shall be subject to a fine of no less than $5,000 and no more than $10,000, and to a sentence in jail of no less than one year, for each instance during the commission of a first offense. Chronic offenders shall be subject to a fine of no less than $25,000 and a five year term in jail, for each offense.


3.

Any person who attempts to interfere with a physicians legitimate treatment of chronic pain shall be guilty of a federal felony and shall be subject to a fine of no less than $5000 and a five year term in jail. Upon being found guilty of such a crime, such persons shall have his or her Federal or other indemnification removed and become liable for the consequences of such a crime, on his or her own in the event of a suicide by any patient of a doctor who has been interfered with.


4.

Any person who knowingly attempts to intimidate, falsely prosecute, or professionally persecute, a physician attempting to practice the legitimate treatment of chronic pain shall be guilty of a federal felony and subject to a fine of no less than $50,000 and five years in prison, for each offense. Upon being found guilty of such a crime, such persons shall have his or her Federal or other indemnification removed and become liable for the consequences of such a crime on his or her own in the event of a suicide by any patient of a doctor who has been interfered with.

( Note: We at O.C.P.M. believe this is the best Pain Act ever proposed.
It provides punishment for failing to treat pain,
and punishment for interfering with the treatment of pain.
Actually, the Civil Rights Act of 1964 does all that
but the Justice Department fails to act against their own
for breaking that law.)