‘Intractable Pain Act’ Repeal Goes to Guv

Both chambers of the Tennessee General Assembly have voted to do away with the state’s “Intractable Pain Act,” which has been in existence for 14 years.

On Monday the House of Representatives voted 93-0 to eliminate a provision in the law — dubbed the “Pain Patient’s Bill of Rights” — granting people “the option to choose opiate medications to relieve severe chronic intractable pain without first having to submit to an invasive medical procedure.”

There was no discussion on the repeal bill, which is sponsored by Rep. Ryan Williams, R-Cookeville. Last month the Senate approved the repeal as well – one of the first bills to pass the upper chamber this year.

Sponsor Janice Bowling of Tullahoma said the 2001 “Pain Patient’s Bill of Rights” was partly responsible for Tennessee becoming known as one of the states along the “Hillbilly Heroin Trail.” She said that the Act negatively impacted the criminal justice system and state’s economy and has resulted in babies being born with addictive drugs in their system.

Under the statute the Legislature is seeking to repeal, doctors who refused to prescribe effective pain medication are required to inform patients of others who will. Advocates of eliminating that mandate say it has compounded the problems of pain-pill abuse and “doctor shopping” in Tennessee.

In August 2014, the Department of Mental Health & Substance Abuse Services issued a press release indicating as of July 2012 pills had replaced alcohol as Tennessee’s favorite drug to abuse.

There are those, though, who don’t necessarily believe making pain medications harder to obtain legally is going to put much of a dent in the overall problem of addiction.

Dr. Sanjay Gupta, a neurosurgeon who is CNN’s chief medical correspondent, has noted that when pills are unavailable to pain medication addicts, they frequently turn to heroin, which is often cheaper.

And in Tennessee, the state’s top public safety officials have recently fretted about a surge in heroin use across the state.

In November and December of last year, during a series of budget hearings for the next fiscal year, both Tennessee Bureau of Investigation Dir. Mark Gwyn, and Department of Safety & Homeland Security Commissioner Bill Gibbons, informed Gov. Bill Haslam that heroin was on the rise.

The news website Vox.com recently noted a rise in heroin overdoses, and suggested drug-abusing populations are being driven from pills to heroin as pills become harder to obtain, as well as by a generational shift in drug culture.

The bill now goes to Haslam’s desk awaiting his signature.

Contact Alex Harris at alex@tnreport.com.