Report Title:

Physicians; Pain Management Courses; Requirement

Description:

Requires board of examiners to establish educational standards for health care providers with respect to patients' pain management. (SD1)

THE SENATE

S.B. NO.

2670

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to pain management.

 

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

SECTION 1. Chapter 451D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"451D-   Palliative care pain management; educational standards, establishment; accepted guideline followed; no disciplinary action or criminal prosecution. (a) The board of medical examiners, insofar as practicable, shall establish educational standards for health care providers with respect to patients' pain management.

As used in this section:

"Accepted guideline" means a care or practice guideline for pain management developed by a nationally recognized clinical or professional association, specialty society, or the board of medical examiners.

"Board" means the board of medical examiners.

"Clinical expert" means a person who by reason of specialized education or substantial relevant experience in pain management, has knowledge regarding current standards, practices, and guidelines.

"Licensed health care professional" means a physician, nurse, pharmacist, and physician assistant, licensed to practice in the State.

"Nurse" means a licensee of the board of nursing, pursuant to chapter 461.

"Pharmacist" means a licensee of the board of pharmacy, pursuant to chapter 461.

"Physician" means a physician licensee of the board of medical examiners, pursuant to chapter 453.

"Physician assistant" means a physician assistant licensee of the board of medical examiners, pursuant to chapter 453.

"Therapeutic purpose" means the use of pharmaceutical and non-pharmaceutical medical treatment that conforms substantially to accepted guidelines for pain management.

(b) No disciplinary action or criminal prosecution shall be brought against a licensed health care professional for the prescribing, dispensing, or administering of medical treatment for the therapeutic purpose of relieving pain who can demonstrate by reference to an accepted guideline that the licensed health care professional's practice substantially complied within that guideline and with the standards of practice identified in this section.

(c) This section shall apply to licensed health care professionals in the treatment of all patients for pain regardless of the patient's prior or current chemical dependency or addiction. The board may develop and issue rules, policies, or guidelines establishing standards and procedures for the application of this chapter to the care and treatment of chemically dependent individuals. The board may by rule establish that any particular guideline otherwise qualified to be an accepted guideline should not be an accepted guideline on the grounds that it is inconsistent with the provisions of this section.

(d) A pharmacist shall be immune from any civil or criminal liability and from professional discipline for any act taken by the pharmacist in reliance on a reasonable belief that an order purporting to be a prescription was issued by a licensed health care professional in the usual course of professional treatment or in authorized research."

SECTION 2. New material is underscored.

SECTION 3. This Act shall take effect upon its approval.