Report Title:
Physicians; Pain Management Standards
Description:
Requires the board of medical examiners to adopt rules governing the use of controlled substances by physicians in pain management and to train licensees thereon. Exempts physicians who follow the guidelines from disciplinary action by the board.
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THE SENATE |
S.B. NO. |
4 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to Medicine.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. According to the Project on Palliative Care Law, most people facing a very serious illness fear dying in pain as much as they fear death itself, yet ninety-five percent of pain, including the worst cancer pain, can be controlled. When lesser painkillers fail, morphine and its synthetic cousins (opioids) should be considered to alleviate pain. Pain researchers and informed clinicians now agree that morphine, properly prescribed, does not depress respiration and kill opioid-tolerant patients.
A recent joint statement by the American Pain Society and the American Academy of Pain Medicine outlines current goals and standards for the use of opioids in pain management. Pain experts agree that there is no "theoretical upper limit" for opioid dosages for pain relief and that the upper limit is "what works" for the patient. Further, it is important not to assume that a patient who requires high dosages or a large number of prescribed pills is addicted.
Doctors must monitor their patients to make sure that the prescribed dosages are appropriate. They should also make efforts to work closely with pharmacies and be willing, with the patient's consent, to note the diagnosis on the prescription.
The purpose of this Act is facilitate the administration of pain medication by physicians by requiring the board of medical examiners to adopt pain management standards and by encouraging physicians to follow these standards by exempting them from disciplinary action by the licensing authority if they do so.
SECTION 2. Chapter 453, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§453- Pain management; administrative rules; training. (a) The board of medical examiners shall adopt rules governing the use of controlled substances by licensees for the treatment of their patients' pain. The rules shall be based upon or consistent with:
(1) The Model Guidelines for the Use of Controlled Substances for the Treatment of Pain adopted by the Federation of State Medical Boards of the United States, Inc., or other guidelines supported by the Federal Drug Enforcement Administration; and
(2) Standards for the assessment and management of pain in accredited hospitals and other health care settings developed by the Joint Commission on Accreditation of Healthcare Organizations.
(b) The board shall provide education and training on the above rules for all licensees.
(c) No licensee shall be subject to disciplinary action by the board for prescribing or administering controlled substances in the course of treatment of a person for pain where such treatment is in accordance with the rules adopted by the board pursuant to subsection (a)."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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