BILL NUMBER: SB 402 AMENDED BILL TEXT
AMENDED IN ASSEMBLY - JUNE 30, 1997
AMENDED IN SENATE - APRIL 24, 1997
AMENDED IN SENATE - APRIL 2, 1997
INTRODUCED BY Senator Greene
(Coauthor: Assembly Member Miller)
An act to add Part 4.5 (commencing with Section 124960) to Division 106 of the Health and Safety Code, relating to health.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Part 4.5 (commencing with Section 124960) is added 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 the following:
a) The state has a right and duty to control the illegal use of opiate drugs.
(b) Inadequate treatment of acute and chronic pain both from cancer and noncancerous origin is a significant health problem.
(c) For some patients, pain management is the single most important treatment a physician can provide.
(d) Patients suffering from severe chronic intractable pain should be assured access to proper medical care.
(e) Due to the complexity of their problems, many patients with severe chronic intractable pain may require referral to a physician with expertise in the treatment of severe chronic intractable pain. In some cases severe chronic intractable pain is best treated by a team of clinicians in order to address the associated physical, psychological, social, and vocational issues.
(f) In the hands of knowledgeable and experienced pain practitioners, opiates administered for severe acute and severe chronic intractable pain can be safe.
(g) Opiates can be an accepted treatment for patients in severe chronic intractable pain who have not obtained relief from any other means of treatment.
(h) The patient suffering from severe chronic intractable pain has the option to request or reject the use of any modality to relieve that pain.
(i) Physicians may prescribe any dosage deemed necessary to relieve severe chronic intractable pain as described in the California Intractable Pain Treatment Act, Section 2241.5 of the Business and Professions Code.
(j) The patient has the option to choose opiate medication for the treatment of his or her severe chronic intractable pain consistent with guidelines in the California Intractable Pain Treatment Act, Section 2241.5 of the Business and Professions Code.
(k) The patient's physician may refuse to prescribe opiate medication for the patient who requests the treatment for severe chronic intractable pain. However, the patient's physician shall inform the patient that there are physicians who possess expertise in the treatment of severe chronic intractable pain with methods that include the use of opiates.
124961. Nothing in this section shall be construed to eliminate any protections provided in the California Intractable Pain Treatment Act, Section 2241.5 of the Business and Professions Code. This section shall be known as the Pain Patient's Bill of Rights.
(a) The patient suffering from severe, chronic intractable pain has the option to request or reject the use of any or all of these modalities in order to relieve their pain.
(b) The patient has the option to choose opiate medications to relieve severe chronic intractable pain without first having to submit to an invasive medical procedure, which is defined as surgery, destruction of a nerve or other body tissue by manipulation, or the implantation of a drug delivery system or device.
(c) The patient's physician may refuse to prescribe opiate medication for the patient who requests the treatment for severe chronic intractable pain. However, the patient's physician shall inform the patient that there are physicians who possess expertise in the treatment of severe chronic intractable pain with methods that include the use of opiates.
(d) Physicians who use opiate therapy to relieve severe chronic intractable pain may prescribe any dosage deemed necessary to relieve severe chronic intractable pain, as described in the California Intractable Pain Treatment Act, Section 2241.5 of the Business and Professions Code.
(e) The patient may voluntarily request the physician to provide an identifying notice of the prescription for purposes of emergency treatment or law enforcement identification.
(f) Nothing in this section shall limit any reporting or disciplinary provisions applicable to licensed physicians and surgeons who violate prescribing practices set forth in the Medical Practice Act, Chapter 5 (commencing with Section 2000) of Division 2of the Business and Professions Code.