Treatment of pain is an essential part of the practice of medicine. Medical professionals who have the ability to engage in pain management treatment and care are required to use sound clinical judgment without fear that a medical board will pursue disciplinary action. Medical boards establish extensive guidelines regarding a physician’s treatment of pain, including the ways in which they are permitted to prescribe medication. With increasing scrutiny over America’s affiliation with prescription medication, medical boards and other regulatory agencies strictly enforce laws and regulations and aggressively investigate and prosecute medical professionals who violate them, which makes strong medical board defense essential.

Treatment of Pain Regulations

Texas Medical Board Rules §170 outline the regulations pertaining to pain management and prescribing for pain. Boards will use the following guidelines to assess a medical professional’s treatment of pain:

Evaluation of the patient

Treatment plan

Informed consent

Agreement for treatment of chronic pain

Periodic review of the treatment

Consultation and referral

Medical records

Medical boards also emphasize regulations on the prescription of dangerous drugs or controlled substances for personal use, family members, or others who have a close personal relationship with a physician. According to the Texas Medical Board Rules §190.8, this can include:

Prescribing or administering dangerous drugs or controlled substances without first conducting a proper history, performing an adequate physical examination, and creating and maintaining adequate records.

Prescribing controlled substances in the absence of immediate need. “Immediate need: shall be considered no more than 72 hours.

Pain management and prescription violations have become a hot button issue with a strong public opinion. As a result, medical boards are often pressured by outside organizations to thoroughly prosecute and penalize those who violate regulations. In addition to severe medical board repercussions, alleged violators may also face invasive criminal investigations, aggressive prosecution and detrimental criminal penalties. The Drug Enforcement Administration (DEA) also makes regular efforts to probe and charge offenders. In fact, because these cases receive ample media attention, many medical professionals run the risk of falling victim to public scrutiny that can tarnish both their professional and personal reputation.

Experience on Your Side

The Tew Law Firm is prepared to handle all pain management cases, including medical board actions, medical malpractice claims and criminal proceedings. It is important to remember that these allegations are incredibly serious and vigorously prosecuted with the intention of gaining convictions. A successful outcome requires a strong attorney who can meticulously prepare your case, including an extensive evaluation that focuses on the medical and legal issues involved.

As a licensed physician and attorney with more than five decades of combined experience, I have the knowledge and skills to effectively defend you and protect your future. Should you choose to work with the firm, you will receive full support throughout your entire case, including my personal availability for whenever you have a concern or question. If you would like to learn more about defending against the allegations you face, contact the Tew Law Firm today.