STAND. COM. REP. NO.  1561

Honolulu, Hawaii

                , 2017

RE:   S.B. No. 505

      S.D. 1

      H.D. 2

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Consumer Protection & Commerce, to which was referred S.B. No. 505, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HEALTH,"

begs leave to report as follows:

The purpose of this measure is to establish additional safeguards for the use of prescription opioids to reduce instances of dependency, overdose, and death.

     Specifically, this measure:

     (1)  Requires execution of an informed consent process agreement, subject to administration and monitoring by the Department of Health, between a patient and prescribing practitioner in circumstances that carry an elevated risk of creating dependency;

     (2)  Establishes quantitative limits on opioid and benzodiazepine prescriptions, subject to specified exceptions; and

     (3)  Clarifies the Board of Nursing's authority to enforce compliance with the Uniform Controlled Substances Act.

Early Childhood Action Strategy testified in support of this measure.  The Department of Public Safety testified in support of the intent of this measure.  The Department of Health, The Drug Policy Forum, American Congress of Obstetricians and Gynecologists, Hawaii Society of Pain Physicians, and a concerned individual testified in opposition to this measure.  The Hawaii Medical Board, The Queen's Health Systems, Hawaii Medical Association, Hawaii College of Emergency Physicians, and American Cancer Society Cancer Action Network provided comments.

     Your Committee has amended this measure by:

     (1)  Clarifying that providers authorized to prescribe opioids shall adopt and maintain informed consent policies that include execution of a written agreement to engage in an informed consent process between the provider and qualified opioid therapy patient;

     (2)  Specifying that the Department of Health, rather than the Harm Reduction Services Branch of the Department of Health, shall develop and make available an opioid therapy informed consent process agreement template;

     (3)  Deleting language requiring the Harm Reduction Services Branch of the Department of Health to administer and monitor the informed consent process;

     (4)  Deleting redundant language regarding disciplinary action against licensed doctors and nurses for a violation of the informed consent process requirements; and

     (5)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 505, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 505, S.D. 1, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

ROY M. TAKUMI, Chair