§16-52-1. Findings and Purpose

WV Code § 16-52-1 (2019) (N/A)
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The Legislature finds that treatment for pain is an important element in health care. Unlike diseases such as hypertension and diabetes, pain is a subjective experience. There is no objective measure of pain intensity. Consequently, the clinical and medical judgement of a prescriber is more essential in rendering effective treatment of a person’s level of pain.

The treatment of chronic pain has a significant impact on the individual and society as a whole. Most chronic pain problems start with an acute nociceptive pain episode. Effective early care is paramount in managing chronic pain. To that end, prescribers should have the flexibility to effectively treat patients who present with chronic pain. However, there must be a balance between proper treatment for chronic pain and the abuse of the opioids found most effective in its treatment.

The abuse of pain medication in this state continues to be a nearly insurmountable plague. Substance abuse continues to contribute to unnecessary deaths, causes countless societal breakdowns and causes a strain on our state and its citizens both financially and emotionally. In an effort to address this crisis the state has created a regulatory framework with the intended goal of curbing overprescribing and overuse of prescription pain medication. This regulation, however, has resulted in unforeseen outcomes often causing patients seeking pain treatment to suffer from a lack of treatment options.

Accordingly, the Legislature finds that a comprehensive review of the regulatory structure in place to provide oversight to prescribers whose practice has a significant focus on pain management needs to be undertaken. In order to gain the necessary insight into effective treatment for chronic pain and to maintain the state’s interest in protecting its citizens from the proliferation of prescription pain medication, the Legislature hereby creates the Coalition for Responsible Chronic Pain Management.