Report Title:

Pain Patient's Bill of Rights

Description:

Gives rights to pain patients. Authorizes doctors to prescribe medically necessary dose of controlled substance to treat intractable pain. Protects doctor from disciplinary action. Allows refusal to so prescribe but requires informing patient of other doctors who use opiates to treat chronic intractable pain. (HB1839 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

1839

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to pain patient's bill of rights.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter   

pain patient's bill of rights

§   -1 Pain patient's bill of rights; findings. The legislature finds that:

(1) Inadequate treatment of acute and chronic pain originating from cancer or noncancerous conditions is a significant health problem;

(2) For some patients, pain management is the single most important treatment a physician can provide;

(3) A patient suffering from severe chronic intractable pain should have access to proper treatment of pain;

(4) Due to the complexity of their problems, many patients suffering from severe chronic intractable pain may require referral to a physician with expertise in the treatment of severe chronic intractable pain. In some cases, severe chronic intractable pain is best treated by a team of clinicians to address the associated physical, psychological, social, and vocational issues;

(5) In the hands of knowledgeable, ethical, and experienced pain management practitioners, opiates administered for severe acute and severe chronic intractable pain can be safe; and

(6) Opiates may be part of an overall treatment plan for the patient in severe chronic intractable pain who has not obtained relief from any other means of treatment.

§   -2 Bill of rights The pain patient's bill of rights includes the following:

(1) A patient suffering from severe chronic intractable pain has the option to request or reject the use of any or all modalities to relieve severe chronic intractable pain;

(2) A patient who suffers from severe chronic intractable pain has the option to choose from appropriate pharmacologic treatment options, including opiate medications to relieve severe chronic intractable pain without first having to submit to an invasive medical procedure, which is defined as surgery, destruction of a nerve or other body tissue by manipulation, or the implantation of a drug delivery system or device;

(3) The patient's physician may refuse to prescribe opiate medication for the patient who requests a treatment for severe chronic intractable pain. However, that physician shall inform the patient of physicians who are qualified to treat severe chronic intractable pain employing methods that include the use of opiates;

(4) A physician who uses opiate therapy to relieve severe chronic intractable pain may prescribe a dosage deemed medically necessary to relieve severe chronic intractable pain;

(5) A patient may voluntarily request that the patient's physician provide an identifying notice of the prescription for purposes of emergency treatment or law enforcement identification; and

(6) Nothing in this section shall be construed to:

(A) Expand the authorized scope of practice of any licensed physician;

(B) Limit any reporting or disciplinary provisions applicable to licensed physicians and surgeons who violate prescribing practices; and

(C) Prohibit the discipline or prosecution of a licensed physician for:

(i) Failing to maintain complete, accurate, and current records documenting the physical examination and medical history of a patient, the basis for the clinical diagnosis of a patient, and the treatment plan for a patient;

(ii) Writing false or fictitious prescriptions for controlled substances scheduled in the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. 801 et seq. or in chapter 329;

(iii) Prescribing, administering, or dispensing pharmaceuticals in violation of the provisions of the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. 801 et seq. or of chapter 329;

(iv) Diverting medications prescribed for a patient to the licensed physician's own personal use; and

(v) Causing, or assisting in causing, the suicide, euthanasia, or mercy killing of any individual; provided that it is not "causing, or assisting in causing, the suicide, euthanasia, or mercy killing of any individual" to prescribe, dispense, or administer medical treatment for the purpose of treating severe chronic intractable pain, even if the medical treatment may increase the risk of death, so long as the medical treatment is not also furnished for the purpose of causing, or the purpose of assisting in causing, death for any reason."

SECTION 2. This Act shall take effect upon its approval.