HOUSE BILL 971188
BY REPRESENTATIVES Dean, Faatz, Morrison, Bacon, Clarke, Epps, Keller, Kreutz, Lamborn, Leyba, Mace, Paschall, Tucker, Tupa, Udall, and Veiga;
also SENATORS Wattenberg, Bishop, Chlouber, Hernandez,
J. Johnson, Linkhart, Martinez, Pascoe, Phillips, Rupert,
and Wham.
CONCERNING THE PROHIBITION OF DISCIPLINING A PHYSICIAN
SOLELY FOR THE PRESCRIPTION OF MEDICATIONS TO TREAT INTRACTABLE
PAIN.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 1236117,
Colorado Revised Statutes, 1991 Repl. Vol., as amended, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
1236117. Unprofessional
conduct. (1.5) (a) A PHYSICIAN
SHALL NOT BE SUBJECT TO DISCIPLINARY ACTION BY THE BOARD SOLELY
FOR PRESCRIBING CONTROLLED SUBSTANCES FOR THE RELIEF OF INTRACTABLE
PAIN.
(b) FOR THE PURPOSES OF THIS SUBSECTION
(1.5), "INTRACTABLE PAIN" MEANS A PAIN STATE IN WHICH
THE CAUSE OF THE PAIN CANNOT BE REMOVED AND 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 INCLUDING, BUT NOT LIMITED TO, EVALUATION BY THE ATTENDING
PHYSICIAN AND ONE OR MORE PHYSICIANS SPECIALIZING IN THE TREATMENT
OF THE AREA, SYSTEM, OR ORGAN OF THE BODY PERCEIVED AS THE SOURCE
OF THE PAIN.
SECTION 2. Effective
date applicability. This act shall take effect at 12:01
a.m. on the day following the expiration of the ninetyday
period after final adjournment of the general assembly that is
allowed for submitting a referendum petition pursuant to article
V, section 1 (3) of the state constitution; except that, if a
referendum petition is filed against this act or an item, section,
or part of this act within such period, then the act, item, section,
or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation
of the governor. This act shall apply to disciplinary actions
originating on or after the effective date of this act.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO