H-1739.1 _______________________________________________
HOUSE BILL 2168
_______________________________________________
State of Washington 56th Legislature 1999 Regular Session
By Representatives Wood, Edmonds, Anderson and Ogden
Read first time 02/17/1999. Referred to Committee on Health Care.
AN ACT Relating to chronic pain management; and adding a new chapter to Title 69 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. LEGISLATIVE INTENT. There are widespread concerns among patients throughout the state about access to appropriate medical treatment, including opioid therapy, for addressing acute, chronic, or intractable pain. Similarly, physicians and other health professionals express apprehensions about challenges by state disciplinary authorities when prescribing opioid analgesics for indicated medical treatment when serving the legitimate medical needs of pain patients. The under-treatment of chronic pain, due to concerns about addiction and drug diversion, affect the public health, safety, and welfare. There is a need for professional guidelines and legal clarity to encourage appropriate treatment for pain management and to reduce fear of injudicious discipline, while protecting the public from inappropriate prescribing practices and illicit drug diversion.
NEW SECTION. Sec. 2. PAIN GUIDELINES. (1) The secretary of health shall coordinate and assist the regulatory boards and commissions of the health professions with prescriptive authority in the development of uniform guidelines for the management of acute, chronic, and intractable pain with controlled substances. These regulatory boards and commissions shall recognize and provide for the implementation of the pain guidelines by rule. These guidelines may be revised as necessary in response to changes in medical science and technology.
(2) It is not the intent of these guidelines necessarily to define the complete standards of acceptable medical care in the treatment of pain patients, nor to direct clinical practice parameters.
NEW SECTION. Sec. 3. PROFESSIONAL DISCIPLINE. (1) Under generally accepted standards of medical practice, opioids may be prescribed for the treatment of acute, chronic, or intractable pain, including pain associated with cancer and noncancer pain conditions when there is an indicated medical need.
(2) The regulatory boards and commissions of the health professions with prescriptive authority may not pursue a disciplinary action against a licensed health professional under the uniform disciplinary act, chapter 18.130 RCW, upon a determination that the health professional followed accepted standards of care for the treatment of pain with controlled substances, and provided treatment within the parameters of the pain guidelines adopted under section 2 of this act.
(3) No health professional following accepted standards of care for the treatment of pain with controlled substances, and providing treatment within the parameters of the pain guidelines, may be subject to criminal liability.
NEW SECTION. Sec. 4. STATE INDUSTRIAL INSURANCE PROGRAM. The department of labor and industries shall develop and implement guidelines for the treatment of acute, chronic, and intractable pain for injured workers for the purposes of the industrial insurance laws. The guidelines shall be developed in consultation with the department of health, in accord with accepted standards of care for the treatment of pain with controlled substances, and in harmony with the pain guidelines adopted under section 2 of this act. The department is authorized to adopt rules in furtherance of this section.
NEW SECTION. Sec. 5. CAPTIONS NOT LAW. Captions used in this chapter are not any part of the law.
NEW SECTION. Sec. 6. Sections 1 through 5 of this act constitute a new chapter in Title 69 RCW.
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