Laws and legislation related to pain management generally involve two key areas: human rights and patient-physician relationships. Accordingly, agencies who regulate laws and policies related to pain treatment emphasize the importance of respecting patient’s rights and offering honest and professional health care services. In general, there are three main types of laws that are established in order to regulate such services. Firstly, a law may oblige a health care professional to display specific behaviors under certain conditions. Secondly, a law may prohibit a health care professional from displaying specific behaviors under certain conditions. Thirdly, a law may allow a health care professional to use discretion in terms of treatment methods. However, federal and state agencies typically make more direct decisions regarding the actual laws and legislation that will be set in place to regulate treatment plans such as pain management.
On the federal level, organizations such as the Center for Medicare and Medicaid Services (CMS), the Food and Drug Administration (FDA), and the Drug Enforcement Agency (DEA) have enforced several policies that influence pain management. More specifically, these organizations govern payment procedures for pain services and place limits on pain therapy by monitoring prescription practices and requiring physicians to register their services. Overall, the policies that these agencies have established are in place to promote effective pain management for patients while preventing pain medication addictions and drug abuse.
On a state-wide level, there is usually a Pain Control Act that governs the way health care professionals administer pain services. These types of acts protect both the rights of patients as well as patient-physician relationships by establishing specific criteria that patients must meet before they can be treated by a physician for pain. Furthermore, a state-enforced Pain Control Act typically requires physicians to comply with the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C §§ 801). This act is a federal law that requires strict record keeping of certain types of medications (e.g., strong pain medications).
Finally, a common law, which is an informal agreement between a patient and physician, is a strict, legal obligation that physicians offering pain treatment must adhere to. When a patient seeks our services at New York Pain Management, this is a form of patient consent and the patient-physician relationship becomes fiduciary at this point. This means that the physicians at New York Pain Management follow procedures that put the interests of the patient first by providing the highest standard of care. Subsequently, the patient expects our physicians to adhere to ethical and legal principles that emphasize a patient’s rights to proper and honest treatment. It is the combination of both federal and state laws that promote the optimal form of pain management for patients.
*DISCLAIMER: These are not medical diagnosis or suggestions for any specific individuals. They are an overview of various conditions, treatments and topics discussed by New York Pain Management Group. If you would like to discuss your symptoms in greater detail, do not hesitate to contact the New York Pain Management Group. To learn more about treatment options for this and other pain conditions, contact us today at www.nopainny.com or call at 1-888-789-NOPAIN! We will be happy to assist you.