Pain & The Law

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Innumerable statutes and regulations enacted by both federal and state legislative bodies impact the issue of treatment for pain. Some, such as the Pain Relief Act are enacted to deliberately and fundamentally alter the way medical professionals treat pain, either by increasing incentives or reducing disincentives. Other statutes and regulations, such as those regulating the distribution of controlled substances and passed as part of the war on illegal drugs can have unintended chilling effects on medical practitioners who otherwise would be more willing to treat chronic pain with opioids. Only a few states derogate from those policies to take account of the medical use of marijuana. Still other legislation such as the proposed Pain Relief Promotion Act of 1999, while apparently intended to promote palliative care, was also a federal attack on Oregon's Death with Dignity Legislation.

There are many formal statements of policy or good practices that fall short of the status of legislation or regulation. Many states have, through their Medical Boards, adopted Pain Policies, generally with a view to advising physicians as to the appropriateness of prescribing controlled substances for palliative care; failure to follow such policies may result in disciplinary proceedings. Health care provider institutions are also subject to Accreditation standards which, while lacking direct legislative force, nevertheless can impact common law malpractice standards in a similar manner to Clinical Practice Guidelines and often are incorporated by reference by other regulatory systems.

 

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