Although the WHO edited guidelines for pain treatment as early as 1986, pra
ctical management has frequently remained inadequate, especially in cancer
patients. Traditional adherence to restrictions from the former Austrian Co
ntrolled Drug Act which have resulted in ongoing limitations in the prescri
ption of opioids as well as complicated formal regulations in the current l
aw represent two major obstacles. As a consequence, recent legislation of a
"state of the art" pain management in Austria facilitates adequate provisi
on of analgesics on the one hand, and may, on the other, even result in cla
ims for indemnity should these be withhold.