[Unofficial Transcript, Virginia Pain Policy]

The 1994, General Assembly established a joint subcommittee of the House and Senate under the leadership of Senator Jane H. Wood (34th District) to study the medical management of acute and cancer pain. Specifically, the Joint Subcommittee studying the Common- wealth's Current Laws and Policies Related to Acute and Cancer Pain Management was empowered to investigate: (1) current acute and cancer pain management efforts in the Common- wealth; (2) the effectiveness of acute and cancer pain management clinics; and (3) Virginia's current law and public policy related to acute and cancer pain management clinics; and (3) Virginia's current law and public policy related to acute and cancer pain management. Further, Senate Joint Resolution No. 368 (1995) requested that the Commonwealth's medical schools, health care professionals, professional associations, health related agencies, and health regulatory boards assist in educating the public and practitioners on acute and cancer pain management.

The Joint Subcommittee met during the summer and fall of 1994 and heard testimony from many interested parties, including physicians, nurses, psychologists and patients. During the course of the study and in testimony during the 1995 session of the General Assembly, it became apparent that many members of the medical community were unaware of provisions of Virginia law which relate to the prescribing of pain-relieving agents in excess of recommended dosages.

The Drug Control Act, in Virginia Code § 54.1-3408.1, has for many years authorized physicians to prescribe dosages of pain-relieving medications in excess of the recommended dosages in cases of intractable pain if the necessity of such excess dosage is certified in the patient's record. The Joint Subcommittee recommended that the existing authority of Virginia Code § 54.1-3408.1 be restated in a new section within the General Standards of Practice article of the statutes pertaining to the Board of Medicine. As a result, the General Assembly enacted a new statutory provision, Virginia Code § 54.1-2971.01, and instructed the Board of Medicine to advise licensees of the new statute, as well as the existing provision of the Drug Control Act. [statutory text omitted]

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Last modified: October 15, 2001