S-0380.1 _______________________________________________
SENATE BILL 5050
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State of Washington 56th Legislature 1999 Regular Session
By Senators Prentice, Kline and Deccio
Read first time 01/11/1999. Referred to Committee on Health & Long‑Term Care.
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. In this chapter, the term "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. Reasonable efforts include, but are not limited to, evaluation by an attending licensed physician and at least one licensed physician who specializes in the part of the body perceived as the source of pain.
NEW SECTION. Sec. 3. Health professionals licensed 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 authorize 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 licensed in this state to prescribe controlled substances shall 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 and the licensed health professional obtains informed consent.
Standard of care and informed consent are further described in chapter 7.70 RCW.
NEW SECTION. Sec. 5. The department of health shall develop guidelines for treatment of intractable pain and informed consent.
NEW SECTION. Sec. 6. Prescription of controlled substances included in Schedules II through V for intractable pain by a health professional licensed in this state to prescribe controlled substances is not a criminal offense.
NEW SECTION. Sec. 7. Licensed health professionals who do not have authority to prescribe, but do have authority to administer, order, or otherwise perform tasks inherent to the patient taking the prescription, are authorized to administer, order, 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.
NEW SECTION. Sec. 8. 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. 9. 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. 10. Sections 1 through 9 of this act constitute a new chapter in Title 69 RCW.
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