THE SENATE

S.B. NO.

798

TWENTY-EIGHTH LEGISLATURE, 2015

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HEALTH.

 

 

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

 


     SECTION 1.  Chapter 329, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:

     "§329‑    Pain medication agreement.  (a)  A pain medication agreement shall be executed between a patient and any prescriber of a narcotic drug within this State for use as pain medication:

     (1)  Whenever the patient is determined to have chronic pain and is prescribed a narcotic drug for use as pain medication for three months or longer; or

     (2)  Any time the patient is prescribed a narcotic drug for use as pain medication in the patient's first encounter with the prescriber; provided that this paragraph shall not apply to emergency room and urgent care providers.

     (b)  The administrator shall develop and make available a template of a pain medication agreement for use in the State.  The template for the pain medication agreement shall include, at a minimum, the following:

     (1)  Informed consent to treat the patient with scheduled medication on a chronic basis greater than three months, excluding hospice, that acknowledges the long-term risks of the chronic use of a narcotic drug as pain medication;

     (2)  Consent to submit to random pill counts upon request by the prescriber;

     (3)  A statement that advises the patient of the risk of injury when exceeding a morphine equianalgesic dose of one hundred twenty per day or combinations of the same with benzodiazepines;

     (4)  A statement that advises the patient of the risk of injury when exceeding three grams of acetaminophen on a daily basis in combination products;

     (5)  A statement recommending a single pharmacy and identifying this pharmacy for all patients receiving chronic pain medications; and

     (6)  A statement advising any patient who violates section 329-46 shall be guilty of a class C felony.

     (c)  For the purposes of this section, "narcotic drug" means all schedule II substances pursuant to section 329-16 and schedule III substances pursuant to section 329-18, including derivatives of hydrocodone, oxycodone, morphine, codeine, hydromorphone, benzodiazepines, and carisoprodol."

     SECTION 2.  New statutory material is underscored.

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


 


 

Report Title:

Pain Medication Agreement; Narcotics Enforcement Division

 

Description:

Requires a pain medication agreement to be executed between a patient and any prescriber of a narcotic drug within the State for use as pain medication under certain conditions.  Requires the administrator of the narcotics enforcement division to develop and make available a template of a pain medication agreement for use in the State.  Specifies the contents of the template.  (SD1)

 

 

 

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