S-1396

AN ACT Relating to treatment of intractable pain with controlled substances; adding a new chapter to Title 69 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. This chapter shall be known and may be cited as the intractable pain treatment act.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Intractable pain" means pain a person feels despite reasonable efforts to eliminate or alleviate the source of the pain. The source may be known or not known.

(2) "Reasonable efforts" means efforts to find the source of pain and include appropriate referrals by the attending physician.

NEW SECTION. Sec. 3. Health professionals authorized in this state to prescribe controlled substances may treat intractable pain with controlled substances included in Schedules II through V as identified in this title. This section does not address treatment of conditions other than intractable pain with controlled substances included in Schedules II through V.

NEW SECTION. Sec. 4. The licensing entity for health professionals authorized in this state to prescribe controlled substances may not take action against the health professional's license, if the health professional follows the accepted standard of care for treatment of intractable pain with controlled substances included in Schedules II through V and the licensed health professional obtains informed consent.

Standard of care and informed consent are further described in chapter 7.70 RCW. Under RCW 18.130.340 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 addressing treatment of intractable pain with controlled substances included in Schedules II through V. The guidelines may be revised as necessary.

NEW SECTION. Sec. 5. The department of health is authorized to adopt rules to implement this chapter.

NEW SECTION. Sec. 6. Prescription of controlled substances included in Schedules II through V for intractable pain by a health professional authorized in this state to prescribe controlled substances is not a criminal offense.

NEW SECTION. Sec. 7. The department of labor and industries shall develop guidelines for treatment of intractable pain and informed consent that are consistent with the department of health's guidelines. The department of labor and industries is authorized to make rules to implement this act.

NEW SECTION. Sec. 8. Licensed health professionals who do not have authority to prescribe, but do have authority to administer or otherwise perform tasks inherent to the patient taking the prescription, are authorized to administer or perform their tasks in cases where controlled substances included in Schedules II through V are prescribed for intractable pain. Licensing actions and criminal sanctions cannot be pursued because controlled substances included in Schedules II through V are used for intractable pain, as long as the health professional follows the accepted standard of care and obtains informed consent for treatment of intractable pain.

NEW SECTION. Sec. 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 10. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

NEW SECTION. Sec. 11. Sections 1 through 10 of this act constitute a new chapter in Title 69 RCW.