STAND. COM. REP. 3225

Honolulu, Hawaii

, 2004

RE: H.B. No. 1839

H.D. 2

S.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred H.B. No. 1839, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PAIN PATIENT'S BILL OF RIGHTS,"

begs leave to report as follows:

The purpose of this measure is to establish a pain patient's bill of rights.

Specifically, the bill:

(1) Allows a patient who suffers from severe chronic intractable pain to request or reject the use of any or all modalities for pain relief;

(2) Provides that a patient who suffers from severe chronic intractable pain may choose pain relief options that include opiate medications;

(3) Authorizes a physician to refuse to prescribe opiate medication for pain patients, and allows the physician to refer the patient to physicians who treat severe chronic intractable pain with methods that include opiates;

(4) Allows patients to request an identification notice of the prescription for emergency treatment or law enforcement purposes; and

(5) Allows the Board of Medical Examiners to establish guidelines for physicians, physician assistants, and osteopathic physicians relating to pain management for patients with pain.

Your Committee finds that pain management efforts will increase the quality of life for individuals whose life is negatively impacted by pain. Allowing pain patients to request pain management treatment that includes the use of opiate medications without first having to undergo invasive, painful procedures that may include surgery will help patients and their family members deal with the patient's severe pain. Your Committee believes that this bill will assist pain patients by allowing physicians to prescribe opiate therapy to relieve pain. For physicians who refuse to prescribe such medications, the physician is authorized to refer the patient to other pain management physicians.

Upon further consideration, your Committee has amended this measure by:

(1) Clarifying that the bill is not limited to patients who suffer from severe chronic pain, but applies to patients who suffer from either severe chronic pain or severe acute pain;

(2) Deleting a reference to "physician assistants" in connection with the guidelines for physicians that may be established for patients' pain management; and

(3) Making technical nonsubstantive amendments for the purpose of clarity and style.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1839, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1839, H.D. 2, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

BRIAN T. TANIGUCHI, Chair