ESHB 2876 -
By Senators Keiser, Murray, Parlette, Pflug, Franklin
ADOPTED 03/11/2010
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 18.22 RCW
to read as follows:
(1) By June 30, 2011, the board shall repeal its rules on pain
management, WAC 246-922-510 through 246-922-540.
(2) By June 30, 2011, the board shall adopt new rules on chronic,
noncancer pain management that contain the following elements:
(a)(i) Dosing criteria, including:
(A) A dosage amount that must not be exceeded unless a podiatric
physician and surgeon first consults with a practitioner specializing
in pain management; and
(B) Exigent or special circumstances under which the dosage amount
may be exceeded without consultation with a practitioner specializing
in pain management.
(ii) The rules regarding consultation with a practitioner
specializing in pain management must, to the extent practicable, take
into account:
(A) Circumstances under which repeated consultations would not be
necessary or appropriate for a patient undergoing a stable, ongoing
course of treatment for pain management;
(B) Minimum training and experience that is sufficient to exempt a
podiatric physician and surgeon from the specialty consultation
requirement;
(C) Methods for enhancing the availability of consultations;
(D) Allowing the efficient use of resources; and
(E) Minimizing the burden on practitioners and patients.
(b) Guidance on when to seek specialty consultation and ways in
which electronic specialty consultations may be sought;
(c) Guidance on tracking clinical progress by using assessment
tools focusing on pain interference, physical function, and overall
risk for poor outcome; and
(d) Guidance on tracking the use of opioids.
(3) The board shall consult with the agency medical directors'
group, the department of health, the University of Washington, and the
largest professional association of podiatric physicians and surgeons
in the state.
(4) The rules adopted under this section do not apply:
(a) To the provision of palliative, hospice, or other end-of-life
care; or
(b) To the management of acute pain caused by an injury or a
surgical procedure.
NEW SECTION. Sec. 2 A new section is added to chapter 18.32 RCW
to read as follows:
(1) By June 30, 2011, the commission shall adopt new rules on
chronic, noncancer pain management that contain the following elements:
(a)(i) Dosing criteria, including:
(A) A dosage amount that must not be exceeded unless a dentist
first consults with a practitioner specializing in pain management; and
(B) Exigent or special circumstances under which the dosage amount
may be exceeded without consultation with a practitioner specializing
in pain management.
(ii) The rules regarding consultation with a practitioner
specializing in pain management must, to the extent practicable, take
into account:
(A) Circumstances under which repeated consultations would not be
necessary or appropriate for a patient undergoing a stable, ongoing
course of treatment for pain management;
(B) Minimum training and experience that is sufficient to exempt a
dentist from the specialty consultation requirement;
(C) Methods for enhancing the availability of consultations;
(D) Allowing the efficient use of resources; and
(E) Minimizing the burden on practitioners and patients.
(b) Guidance on when to seek specialty consultation and ways in
which electronic specialty consultations may be sought;
(c) Guidance on tracking clinical progress by using assessment
tools focusing on pain interference, physical function, and overall
risk for poor outcome; and
(d) Guidance on tracking the use of opioids.
(2) The commission shall consult with the agency medical directors'
group, the department of health, the University of Washington, and the
largest professional association of dentists in the state.
(3) The rules adopted under this section do not apply:
(a) To the provision of palliative, hospice, or other end-of-life
care; or
(b) To the management of acute pain caused by an injury or a
surgical procedure.
NEW SECTION. Sec. 3 A new section is added to chapter 18.57 RCW
to read as follows:
(1) By June 30, 2011, the board shall repeal its rules on pain
management, WAC 246-853-510 through 246-853-540.
(2) By June 30, 2011, the board shall adopt new rules on chronic,
noncancer pain management that contain the following elements:
(a)(i) Dosing criteria, including:
(A) A dosage amount that must not be exceeded unless an osteopathic
physician and surgeon first consults with a practitioner specializing
in pain management; and
(B) Exigent or special circumstances under which the dosage amount
may be exceeded without consultation with a practitioner specializing
in pain management.
(ii) The rules regarding consultation with a practitioner
specializing in pain management must, to the extent practicable, take
into account:
(A) Circumstances under which repeated consultations would not be
necessary or appropriate for a patient undergoing a stable, ongoing
course of treatment for pain management;
(B) Minimum training and experience that is sufficient to exempt an
osteopathic physician and surgeon from the specialty consultation
requirement;
(C) Methods for enhancing the availability of consultations;
(D) Allowing the efficient use of resources; and
(E) Minimizing the burden on practitioners and patients.
(b) Guidance on when to seek specialty consultation and ways in
which electronic specialty consultations may be sought;
(c) Guidance on tracking clinical progress by using assessment
tools focusing on pain interference, physical function, and overall
risk for poor outcome; and
(d) Guidance on tracking the use of opioids, particularly in the
emergency department.
(3) The board shall consult with the agency medical directors'
group, the department of health, the University of Washington, and the
largest association of osteopathic physicians and surgeons in the
state.
(4) The rules adopted under this section do not apply:
(a) To the provision of palliative, hospice, or other end-of-life
care; or
(b) To the management of acute pain caused by an injury or a
surgical procedure.
NEW SECTION. Sec. 4 A new section is added to chapter 18.57A RCW
to read as follows:
(1) By June 30, 2011, the board shall repeal its rules on pain
management, WAC 246-854-120 through 246-854-150.
(2) By June 30, 2011, the board shall adopt new rules on chronic,
noncancer pain management that contain the following elements:
(a)(i) Dosing criteria, including:
(A) A dosage amount that must not be exceeded unless an osteopathic
physician's assistant first consults with a practitioner specializing
in pain management; and
(B) Exigent or special circumstances under which the dosage amount
may be exceeded without consultation with a practitioner specializing
in pain management.
(ii) The rules regarding consultation with a practitioner
specializing in pain management must, to the extent practicable, take
into account:
(A) Circumstances under which repeated consultations would not be
necessary or appropriate for a patient undergoing a stable, ongoing
course of treatment for pain management;
(B) Minimum training and experience that is sufficient to exempt an
osteopathic physician's assistant from the specialty consultation
requirement;
(C) Methods for enhancing the availability of consultations;
(D) Allowing the efficient use of resources; and
(E) Minimizing the burden on practitioners and patients.
(b) Guidance on when to seek specialty consultation and ways in
which electronic specialty consultations may be sought;
(c) Guidance on tracking clinical progress by using assessment
tools focusing on pain interference, physical function, and overall
risk for poor outcome; and
(d) Guidance on tracking the use of opioids, particularly in the
emergency department.
(3) The board shall consult with the agency medical directors'
group, the department of health, the University of Washington, and the
largest association of osteopathic physician's assistants in the state.
(4) The rules adopted under this section do not apply:
(a) To the provision of palliative, hospice, or other end-of-life
care; or
(b) To the management of acute pain caused by an injury or a
surgical procedure.
NEW SECTION. Sec. 5 A new section is added to chapter 18.71 RCW
to read as follows:
(1) By June 30, 2011, the commission shall repeal its rules on pain
management, WAC 246-919-800 through 246-919-830.
(2) By June 30, 2011, the commission shall adopt new rules on
chronic, noncancer pain management that contain the following elements:
(a)(i) Dosing criteria, including:
(A) A dosage amount that must not be exceeded unless a physician
first consults with a practitioner specializing in pain management; and
(B) Exigent or special circumstances under which the dosage amount
may be exceeded without consultation with a practitioner specializing
in pain management.
(ii) The rules regarding consultation with a practitioner
specializing in pain management must, to the extent practicable, take
into account:
(A) Circumstances under which repeated consultations would not be
necessary or appropriate for a patient undergoing a stable, ongoing
course of treatment for pain management;
(B) Minimum training and experience that is sufficient to exempt a
physician from the specialty consultation requirement;
(C) Methods for enhancing the availability of consultations;
(D) Allowing the efficient use of resources; and
(E) Minimizing the burden on practitioners and patients.
(b) Guidance on when to seek specialty consultation and ways in
which electronic specialty consultations may be sought;
(c) Guidance on tracking clinical progress by using assessment
tools focusing on pain interference, physical function, and overall
risk for poor outcome; and
(d) Guidance on tracking the use of opioids, particularly in the
emergency department.
(3) The commission shall consult with the agency medical directors'
group, the department of health, the University of Washington, and the
largest professional association of physicians in the state.
(4) The rules adopted under this section do not apply:
(a) To the provision of palliative, hospice, or other end-of-life
care; or
(b) To the management of acute pain caused by an injury or a
surgical procedure.
NEW SECTION. Sec. 6 A new section is added to chapter 18.71A RCW
to read as follows:
(1) By June 30, 2011, the commission shall adopt new rules on
chronic, noncancer pain management that contain the following elements:
(a)(i) Dosing criteria, including:
(A) A dosage amount that must not be exceeded unless a physician
assistant first consults with a practitioner specializing in pain
management; and
(B) Exigent or special circumstances under which the dosage amount
may be exceeded without consultation with a practitioner specializing
in pain management.
(ii) The rules regarding consultation with a practitioner
specializing in pain management must, to the extent practicable, take
into account:
(A) Circumstances under which repeated consultations would not be
necessary or appropriate for a patient undergoing a stable, ongoing
course of treatment for pain management;
(B) Minimum training and experience that is sufficient to exempt a
physician assistant from the specialty consultation requirement;
(C) Methods for enhancing the availability of consultations;
(D) Allowing the efficient use of resources; and
(E) Minimizing the burden on practitioners and patients.
(b) Guidance on when to seek specialty consultation and ways in
which electronic specialty consultations may be sought;
(c) Guidance on tracking clinical progress by using assessment
tools focusing on pain interference, physical function, and overall
risk for poor outcome; and
(d) Guidance on tracking the use of opioids, particularly in the
emergency department.
(2) The commission shall consult with the agency medical directors'
group, the department of health, the University of Washington, and the
largest professional association of physician assistants in the state.
(3) The rules adopted under this section do not apply:
(a) To the provision of palliative, hospice, or other end-of-life
care; or
(b) To the management of acute pain caused by an injury or a
surgical procedure.
NEW SECTION. Sec. 7 A new section is added to chapter 18.79 RCW
to read as follows:
(1) By June 30, 2011, the commission shall adopt new rules on
chronic, noncancer pain management that contain the following elements:
(a)(i) Dosing criteria, including:
(A) A dosage amount that must not be exceeded unless an advanced
registered nurse practitioner or certified registered nurse anesthetist
first consults with a practitioner specializing in pain management; and
(B) Exigent or special circumstances under which the dosage amount
may be exceeded without consultation with a practitioner specializing
in pain management.
(ii) The rules regarding consultation with a practitioner
specializing in pain management must, to the extent practicable, take
into account:
(A) Circumstances under which repeated consultations would not be
necessary or appropriate for a patient undergoing a stable, ongoing
course of treatment for pain management;
(B) Minimum training and experience that is sufficient to exempt an
advanced registered nurse practitioner or certified registered nurse
anesthetist from the specialty consultation requirement;
(C) Methods for enhancing the availability of consultations;
(D) Allowing the efficient use of resources; and
(E) Minimizing the burden on practitioners and patients.
(b) Guidance on when to seek specialty consultation and ways in
which electronic specialty consultations may be sought;
(c) Guidance on tracking clinical progress by using assessment
tools focusing on pain interference, physical function, and overall
risk for poor outcome; and
(d) Guidance on tracking the use of opioids, particularly in the
emergency department.
(2) The commission shall consult with the agency medical directors'
group, the department of health, the University of Washington, and the
largest professional associations for advanced registered nurse
practitioners and certified registered nurse anesthetists in the state.
(3) The rules adopted under this section do not apply:
(a) To the provision of palliative, hospice, or other end-of-life
care; or
(b) To the management of acute pain caused by an injury or a
surgical procedure.
NEW SECTION. Sec. 8 (1) The boards and commissions required to
adopt rules on pain management under sections 1 through 7 of this act
shall work collaboratively to ensure that the rules are as uniform as
practicable.
(2) On January 11, 2011, each of the boards and commissions
required to adopt rules on pain management under sections 1 through 7
of this act shall submit the proposed rules required by this act to the
appropriate committees of the legislature."
ESHB 2876 -
By Senators Keiser, Murray, Parlette, Pflug, Franklin
ADOPTED 03/11/2010
On page 1, line 1 of the title, after "management;" strike the remainder of the title and insert "adding a new section to chapter 18.22 RCW; adding a new section to chapter 18.32 RCW; adding a new section to chapter 18.57 RCW; adding a new section to chapter 18.57A RCW; adding a new section to chapter 18.71 RCW; adding a new section to chapter 18.71A RCW; adding a new section to chapter 18.79 RCW; and creating a new section."
EFFECT: All references are eliminated stating that patients will
not be charged when pain specialists must be consulted.
Rules regarding consultation with a practitioner specializing in
pain management must, to the extent practicable, take into account:
Repeated consultations would not be necessary or appropriate for a
patient undergoing a stable, ongoing course of treatment for pain
management;
Minimum training and experience that is sufficient to exempt a
practitioner (physician, physician assistant, ARNP, podiatrist,
dentist, osteopath, or osteopathic assistant) from the specialty
consultation requirement;
Methods for enhancing the availability of consultations;
Allowing the efficient use of resources; and
Minimizing the burden on practitioners and patients.