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 except when a patient is currently receiving hospice care, a prescriber shall discuss all of the following 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, before directly dispensing or issuing to a 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 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.
(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 Offer, as deemed appropriate by the prescriber, a referral for a provider of nonpharmacological treatments for pain.
(c) This section does not apply in any of the following circumstances:
(1) If the patient’s treatment includes emergency services and care as defined in Section 1317.1.
(2) If the patient’s treatment is associated
with, or 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 patient’s health or safety, or in violation of the 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.
(e)
(f) Notwithstanding any other law, including Section 11374, failure to comply with this section shall not constitute a criminal offense.