California Pain Patients Bill of Rights


California Pain Patients Bill of Rights
California Senate Bill No 402
Passed the Senate September 5, 1997
Passed the Assembly September 2, 1997
An act to add Part 4.5 (commencing with Section 124960) toDivision 106 of the Health and Safety Code, relating to health.
LEGISLATIVE COUNSEL’S DIGEST
SB 402, Greene. Health: opiate drugs.
Existing law, the Intractable Pain Treatment Act, authorizesa physician and surgeon to prescribe or administer controlled substances to aperson in the course of treating that person for a diagnosed condition calledintractable pain, and prohibits the Medical Board of California fromdisciplining a physician and surgeon for this action.
This bill establishes the Pain Patient’s Bill of Rights andstates the legislative findings and declarations regarding the value of opiatedrugs to persons suffering from severe chronic intractable pain. It, amongother things, authorizes a physician to refuse to prescribe opiate medicationfor a patient who requests the treatment for severe chronic intractable pain,the physician to inform the patient that there are physicians who specialize inthe treatment of severe chronic intractable pain with methods that include theuse of opiates, and authorizes a physician who prescribes opiates to prescribea dosage deemed medically necessary.
The people of the State of California do enact as follows:
SECTION 1. Part 4.5 (commencing with Section 124960) isadded to Division 106 of the Health and Safety Code, to read:
PART 4.5. PAIN PATIENT’S BILL OF RIGHTS
124960. The Legislature finds and declares all of thefollowing:
(a) The state has a right and duty to control the illegaluse of opiate drugs
(b) Inadequate treatment of acute and chronic painoriginating from cancer or non-cancerous conditions is a significant healthproblem.
(c) For some patients, pain management is the single mostimportant treatment a physician can provide.
(d) A patient suffering from severe chronic intractable painshould have access to proper treatment of his or her pain.
(e) Due to the complexity of their problems, many patientssuffering from severe chronic intractable pain may require referral to aphysician with expertise in the treatment of severe chronic intractable pain.In some cases, severe chronic intractable pain is best treated by a team ofclinicians in order to address the associated physical, psychological, social,and vocational issues.
(f) In the hands of knowledgeable, ethical, and experiencedpain management practitioners, opiates administered for severe acute and severechronic intractable pain can be safe.
(g) Opiates can be an accepted treatment for patients insevere chronic intractable pain who have not obtained relief from any othermeans of treatment.
(h) A patient suffering from severe chronic intractable painhas the option to request or reject the use of any or all modalities to relievehis or her severe chronic intractable pain.
(i) A physician treating a patient who suffers from severechronic intractable pain may prescribe a dosage deemed medically necessary torelieve severe chronic intractable pain as long as the prescribing is inconformance with the provisions of the California Intractable Pain TreatmentAct, Section 2241.5 of the Business and Professions Code.
(j.) A patient who suffers from severe chronic intractablepain has the option to choose opiate medication for the treatment of the severechronic intractable pain as long as the prescribing is in conformance with theprovisions of the California Intractable Pain Treatment Act, Section 2241.5 ofthe Business and Professions Code.
(k) The patient’s physician may refuse to prescribe opiatemedication for a patient who requests the treatment for severe chronicintractable pain. However, that physician shall inform the patient that thereare physicians who specialize in the treatment of severe chronic intractablepain with methods that include the use of opiates.
124961. Nothing in this section shall be construed to alterany of the provisions set forth in the California Intractable Pain TreatmentAct, Section 2241.5 of the Business and Professions Code. This section shall beknown as the Pain Patient’s Bill of Rights.
(a) A patient suffering from severe chronic intractable painhas the option to request or reject the use of any or all modalities in orderto relieve his or her severe chronic intractable pain.
(b) A patient who suffers from severe chronic intractablepain has the option to choose opiate medications to relieve severe chronicintractable pain without first having to submit to an invasive medicalprocedure, which is defined as surgery, destruction of a nerve or other bodytissue by manipulation, or the implantation of a drug delivery system ordevice, as long as the prescribing physician acts in conformance with theprovisions of the California Intractable Pain Treatment Act, Section 2241.5 ofthe Business and Professions Code.
(c) The patient’s physician may refuse to prescribe opiatemedication for the patient who requests a treatment for severe chronic intractablepain. However, that physician shall inform the patient that there arephysicians who specialize in the treatment of severe chronic intractable painwith methods that include the use of opiates.
(d) A physician who uses opiate therapy to relieve severechronic intractable pain may prescribe a dosage deemed medically necessary torelieve severe chronic intractable pain, as long as that prescribing is inconformance with the California Intractable Pain Treatment Act, Section 2241.5of the Business and Professions Code.
(e) A patient may voluntarily request that his or herphysician provide an identifying notice of the prescription for purposes ofemergency treatment or law enforcement identification.
(f) Nothing in this section shall do either of thefollowing:
(1) Limit any reporting or disciplinary provisionsapplicable to licensed physicians and surgeons who violate prescribingpractices or other provisions set forth in the Medical Practice Act, Chapter 5(commencing with Section 2000) of Division 2 of the Business and ProfessionsCode, or the regulations adopted thereunder.
(2) Limit the applicability of any federal statute orfederal regulation or any of the other statutes or regulations of this statethat regulate dangerous drugs or controlled substances.
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