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Pain Management and Disciplinary Action: How Medical Boards Can Remove Barriers to Effective Treatment

Published online by Cambridge University Press:  01 January 2021

Chris Stern Hyman
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Extract

The current debate about physician-assisted suicide and the question of whether patients would ask for such help if their pain were adequately controlled place in sharp focus the issue of undertreated pain. Studies have repeatedly documented the scope of the problem. A 1993 study of 897 physicians caring for cancer patients found that 86 percent of the physicians reported that most patients with cancer are undermedicated for their pain. A 1994 study found that noncancer patients receive even less adequate pain treatment than patients with cancer-related pain, and that minority patients, the elderly, and women were more likely than others to receive inadequate pain treatment. Although the problem of undertreatment of pain is multifaceted, I only address how state medical boards contribute to the problem and suggest possible remedies.

The literature on palliative care describes the numerous barriers that impede effective pain management and that result in the inadequate prescribing of pain-relieving drugs for terminally and chronically ill patients.

Type
Article
Information
Journal of Law, Medicine & Ethics , Volume 24 , Issue 4 , Winter 1996 , pp. 338 - 343
Copyright
Copyright © American Society of Law, Medicine and Ethics 1996

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References

New York State Task Force on Life and the Law, When Death Is Sought: Assisted Suicide and Euthanasia in the Medical Context (New York: New York State Task Force on Life and the Law, 1994): At 43.Google Scholar
Id. at 43–44.Google Scholar
See, for example, Portenoy, R.K., “Opioid Therapy for Chronic Nonmalignant Pain: A Review of the Critical Issues,” Journal of Pain and Symptom Management, 11 (1996): 203-17; Hill, C.S. Jr., “Government Regulatory Influences on Opioid Prescribing and Their Impact on the Treatment of Pain of Non-malignant Origin,” Journal of Pain and Symptom Management, 11 (1996): 287–98; and New York State Task Force on Life and the Law, supra note 1, at ch. 3.CrossRefGoogle Scholar
Joranson, D.E.et al, “Opioids for Chronic Cancer and Noncancer Pain: Survey of State Medical Board Members,” Federation Bulletin: Journal of Medical Licensure and Discipline, 79 (1992): 15–49.Google Scholar
Federation of State Medical Boards of the United States, Inc., Summary of 1995 Board Actions (Euless: Federation of State Medical Boards, Apr. 2, 1996).Google Scholar
Hollabaugh v. Arkansas State Medical Board, 43 Ark. App: 83, 861 S.W.2d 317 (1993); and Williams v. Tennessee Board of Medical Examiners, WL 420910 (Tenn. App. 1994).Google Scholar
Hoover v. Agency for Health Care Administration, 616 So. 2d 1380, 1384 (Fla. Dist. Ct. App. 1996).Google Scholar
See, for example, Portenoy, R.K., “Opioid Therapy in Nonmalignant Pain,” Journal of Pain and Symptom Management, 5 (1990): S46–S62; Joranson, et al, supra note 4; and Hill, , supra note 3.Google Scholar
N.Y. Pub. Health Law § 3302(1) (McKinney Supp. 1996).Google Scholar
See Portenoy, , supra note 8.Google Scholar
21 C.F.R. § 1306.04(a) (1996).Google Scholar
21 U.S.C. § 801 (1996).Google Scholar
Cal. Bus. & Prof. Code § 2241.5(c) (Deering 1996).Google Scholar
Project on Legal Constraints on Access to Effective Pain Relief, American Society of Law, Medicine & Ethics, The Pain Relief Act, at § 3.1 (1996).Google Scholar
N.Y. Educ. Law §§ 6530, 6531 (McKinney Supp. 1996).Google Scholar
Federation of State Medical Boards of the United States, Inc., A Guide to the Essentials of a Modem Medical Practice Act (Euless: Federation of State Medical Boards, 7th ed., 1994).Google Scholar
Black's Law Dictionary (St. Paul: West, 6th ed., 1990): At 1286.Google Scholar
Special Subcomm. on the Management of Acute and Terminal Pain, Report to the Joint Committee on Health Care, 180th Sess. (1997).Google Scholar