California law eases threat to pain medication prescribers

Law enforcement concerns can hamper treatment for the 75 million Americans with chronic pain.

By Andis Robeznieks, AMNews staff. Sept. 13, 2004.

New legislation in California is expected to help doctors warm up to pain management and reduce the "chilling effect" created by high-profile arrests of physicians whose pain-management prescriptions catch the eye of law enforcement.

The bill forces medical and law enforcement organizations to develop interagency protocols by Jan. 1, 2006, that will promote proper pain treatment. The intent is to remove the fear of unwarranted arrest by assuring that a medical perspective will be part of "competent review" that takes place before prescribing-related charges are filed. If the bill works as expected, supporters think it could serve as a model for other states -- which would be good news for the 75 million Americans with chronic pain.

"It's a nationwide issue," said Linda Whitney, chief of legislation for the Medical Board of California. "California is kind of ahead of other states, but we're all in the same position."

The California Medical Assn. is confident that the legislation will significantly improve the state's pain-management climate.

"It will have a huge impact because the message has been sent loud and clear: Unwarranted and overzealous raids on physicians' offices will no longer be accepted," said CMA Associate Director of Government Relations Bryce Docherty. "There's only a small number of arrests, but their impact is widespread and felt throughout the physician community."

The final version of the bill was approved by the Legislature without opposition and was sent to Gov. Arnold Schwarzenegger Aug. 20. "We expect him to sign it," said Brett Michelin, chief of staff for the bill's sponsor, state Sen. Sam Aanestad, DDS.