El Dorado, AR asked in Civil Rights and Health Care Law for Arkansas

Q: Why does Arkansas violate the intractable pain act of 2006? Can they be sued?

Arkansas is supposed to have a law to allow doctors to prescribe pain medication that actually works but they have been depriving patients of this medication and causing them to commit suicide or turn to dangerous street drugs so they don't have to suffer 24 hours a day. It will drive you to a suicidal frame of mind and make you drink strong liquor not to mention not get sleep or be able to take care of yourself and family. No more working or even light activities. I would love to go fishing but haven't been able to for 4 years. My life is over so suicide is not a big deal since I'm not living anyway. I just like around in bed hoping one day they will see what a mistake they have made and maybe stop some of this suffering.

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1 Lawyer Answer

A: The Intractable Pain Act provides a defense to licensed physicians for prescribing narcotics to certain patients with intractable pain. It provides a defense to criminal prosecution and does not create a civil cause of action, much less one against the state.

That does not REQUIRE a physician to prescribe particular medications but allows them to without fear of criminal prosecution.

Licensed physicians balance the long term negative effects of such drugs against their benefits in making an informed decision whether to prescribe them based on the particular facts and circumstances concerning a particular patient

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