Today's Law As Amended


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AB-888 Opioid prescriptions: information: nonpharmacological treatments for pain.(2019-2020)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares all of the following:
(a) The opioid crisis has devastated communities within California, which has prompted an urgent discussion about the risks of addiction associated with overreliance on prescription medication for pain management.
(b) A growing body of research indicates that certain nonpharmacological therapies are proven to be equally effective to treat certain causes of pain as prescription opioids, without placing patients at risk for addiction or overdose.
(c) To this end, awareness of, and access to, nonpharmacological treatments for pain are vitally important to the state’s efforts to combat the opioid crisis, and that coverage of these treatments should be considered during the next update to the state’s essential health benefits benchmark plan pursuant to Section 156.111 of Title 45 of the Code of Federal Regulations.

SEC. 2.

 Section 11158.1 of the Health and Safety Code is amended to read:

11158.1.
 (a) Except when a patient is being treated as set forth in Sections 11159, 11159.2, and 11167.5, and Article 2 (commencing with Section 11215) of Chapter 5, pertaining to the treatment of addicts, or for a diagnosis of chronic intractable pain as used in Section 124960 of this code and Section 2241.5 of the Business and Professions Code,  except when a patient is currently receiving hospice care,  a prescriber shall discuss all of the following with the minor, the  information with the patient, or, if the patient is a minor, the minor, the  minor’s parent or guardian, or another adult authorized to consent to the minor’s medical treatment treatment,  before directly dispensing or issuing for to  a minor patient  the first prescription in a single course of treatment for a controlled substance containing an opioid:
(1) The risks of addiction and overdose associated with the use of opioids.
(2) The increased risk of addiction to an opioid to for  an individual who is suffering from both mental and substance abuse disorders.
(3) The danger of taking an opioid with a benzodiazepine, alcohol, or another central nervous system depressant.
(4) The availability of nonpharmacological treatments for pain.
(4) (5)  Any other information required by law.
(b) After discussing the information required by subdivision (a), the prescriber shall do both of the following:
(1) Obtain informed written consent from the patient, a minor patient’s parent or guardian, or another adult authorized to consent to the minor patient’s medical treatment, which shall be placed in the patient’s medical record and shall contain all of the following:
(A) The name and quantity of the controlled substance being prescribed or issued to the patient, and the amount of the initial dose.
(B) A statement certifying that the prescriber discussed with the patient, a minor patient’s parent or guardian, or another adult authorized to consent to the minor patient’s medical treatment, the information required by subdivision (a).
(C) A space for the signature of the patient, a minor patient’s parent or guardian, or another adult authorized to consent to the minor patient’s medical treatment.
(2) Offer, as deemed appropriate by the prescriber, a referral for a provider of nonpharmacological treatments for pain.
(b) (c)  This section does not apply in any of the following circumstances:
(1) If the minor’s patient’s  treatment includes emergency services and care as defined in Section 1317.1.
(2) If the minor’s patient’s  treatment is associated with with,  or incident to incidental to,  an emergency surgery, regardless of whether the surgery is performed on an inpatient or outpatient basis.
(3) If, in the prescriber’s professional judgment, fulfilling the requirements of subdivision (a) or (b)  would be detrimental to the minor’s patient’s  health or safety, or in violation of the minor’s patient’s  legal rights regarding confidentiality.
(d) For purposes of this section, “nonpharmacological treatments for pain” include, but are not limited to, acupuncture, chiropractic care, physical therapy, occupational therapy, and licensed mental health provider services.
(e) This section shall not be construed as requiring health care coverage, or changing existing health care coverage requirements, for nonpharmacological treatments for pain.
(c) (f)  Notwithstanding any other law, including Section 11374, failure to comply with this section shall not constitute a criminal offense.