329-38.5 Opioid therapy; informed consent process; requirement for written policies. [Section repealed June 30, 2023. L 2017, c 66, 6.] (a) Beginning on July 1, 2018, any provider authorized to prescribe opioids shall adopt and maintain written policy or policies that include execution of a written agreement to engage in an informed consent process between the prescribing provider and qualifying opioid therapy patient.

(b) The department of health shall develop and make available a template of an opioid therapy informed consent process agreement for use in the State. The template shall be posted to the department of health's website no later than December 31, 2017.

(c) For the purposes of this section, "qualifying opioid therapy patient" means:

(1) A patient requiring opioid treatment for more than three months;

(2) A patient who is prescribed benzodiazepines and opioids together; or

(3) A patient who is prescribed a dose of opioids that exceeds ninety morphine equivalent doses;

provided that the term "qualifying opioid therapy patient" shall not apply to any qualifying patient who is issued or receives a prescription pursuant to chapter 327L.

(d) A violation of this section shall not be subject to the penalty provisions of part IV of chapter 329. [L 2017, c 66, 2; am L 2019, c 256, 3]



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