19-03.3 Controlled Substances for Care and Treatment - North Dakota Statutes

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CHAPTER 19-03.3CONTROLLED SUBSTANCES FOR CARE AND TREATMENT19-03.3-01. Definitions. As used in this chapter, unless the context otherwise requires:1."Board" means the state board of medical examiners.2."Pain" means acute pain and chronic pain.Acute pain is the normal, predictedphysiological response to a noxious chemical or thermal or mechanical stimulus and
typically is associated with invasive procedures, trauma, or disease, and is generally
time-limited. Chronic pain is a state that persists beyond the usual course of an
acute disease or healing of an injury or that may or may not be associated with an
acute or chronic pathologic process that causes continuous or intermittent pain over
months or years.3."Physician" means a physician licensed by the board.19-03.3-02. Prescription or administration of drugs by physician. Notwithstandingany other provision of law, a physician may prescribe or administer controlled substances to a
patient in the course of the physician's treatment of the patient for pain. A physician shall keep
records of purchases and disposals of controlled substances prescribed or administered under
this section. The records must include the date of purchase, the date of sale or administration by
the physician, the name and address of the patient, and the reason for the prescribing or the
administering of the substances to the patient.19-03.3-03. Restriction by hospital or health care facility of prescribed drug useprohibited.No hospital or health care facility may forbid or restrict the use of controlledsubstances when prescribed or administered by a physician having staff privileges at that
hospital or health care facility for a patient diagnosed and treated by a physician for pain.19-03.3-04.Disciplinary action for prescribing or administering drug treatmentprohibited. The board may not discipline a physician for prescribing or administering controlled
substances in the course of treatment of a patient for pain under this chapter.19-03.3-05. Application. This chapter does not apply to a person being treated by aphysician for chemical dependency because of the person's use of controlled substances not
related to treatment for pain.This chapter does not authorize a physician to prescribe oradminister any drug legally classified as a controlled substance or as an addictive or dangerous
drug for other than medically accepted therapeutic purposes.A person to whom controlledsubstances are prescribed or administered for pain is not exempt from section 39-08-01 or
39-20-04.1.19-03.3-06. Cancellation, revocation, or suspension of physician's license. Thischapter does not limit the authority of the board to cancel, revoke, or suspend the license of any
physician who:1.Prescribes or administers a drug or treatment that is nontherapeutic in nature or
nontherapeutic in the manner the drug or treatment is administered or prescribed.2.Fails to keep complete and accurate records of purchases and disposals of
controlled substances listed in chapter 19-03.1.3.Writes false or fictitious prescriptions for controlled substances scheduled in chapter
19-03.1.Page No. 1Document Outlinechapter 19-03.3 controlled substances for care and treatment