Bill Text: HI HB665 | 2019 | Regular Session | Amended
Bill Title: Relating To The Electronic Prescription Accountability System.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2019-07-09 - Act 251, 07/05/2019 (Gov. Msg. No. 1353). [HB665 Detail]
Download: Hawaii-2019-HB665-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
665 |
|
THIRTIETH LEGISLATURE, 2019 |
H.D. 2 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO THE ELECTRONIC PRESCRIPTION ACCOUNTABILITY SYSTEM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Act 153, Session Laws of Hawaii 2018, requires all prescribers of controlled substances to query the electronic prescription accountability system prior to issuing a prescription for certain controlled substances to reduce the risk of abuse of or addiction to a controlled substance. The electronic prescription accountability system, also known as the prescription drug monitoring program, is a useful tool for health care providers when determining which controlled substances a patient has been prescribed.
The legislature notes that although prescribers have taken steps to implement this law, some concerns have been raised about the applicability of the law to certain patient populations. First, the legislature believes that the law should not apply in inpatient settings, where a patient is in a hospital or nursing home and is directly administered a prescription under the supervision of a health care provider. Second, the law should not apply to initial prescriptions for patients being treated for post-operative pain with a limited three-day supply, which is consistent with a 2016 recommendation on acute pain management by the Centers for Disease Control and Prevention. Finally, an exemption for hospice patients is appropriate to reduce barriers to this end-of-life choice. By definition, a patient electing hospice typically has only six months or less to live. Therefore, requiring a health care provider to consult the electronic prescription accountability system under these circumstances may cause a delay in the provision of appropriate care to the patient.
The legislature additionally finds that existing law requires prescribing health care providers to adopt and maintain informed consent policies for opioid therapy patients. Providers have since adopted these policies; however, concerns have been raised about requiring a patient to complete the informed consent process in certain situations, such as where the patient is in intensive care, is being monitored, or otherwise lacks the capacity to provide consent.
The purpose of this Act is to:
(1) Specify that a health care provider shall not be required to consult the electronic prescription accountability system when a patient is in an inpatient setting, in post-operative care, or in hospice care; and
(2) Clarify that an informed consent agreement is not required for patients who lack capacity to consent and whose prescription will be directly administered at a hospital under the supervision of a health care provider.
SECTION 2. Section 329-38.2 Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
(1) [Any prescription for] For
a supply of three days or less that is made in an emergency situation, by an
emergency medical provider, or in an emergency room; [and]
(2) [Any prescription written] That
will be administered directly to a patient under the supervision of a health
care provider licensed to practice within the State;
(3) That is an initial prescription for a
patient being treated for post-operative pain; provided that the prescription
is limited to a three-day supply with no refills;
(4) For a patient receiving hospice
care; or
(5) Prescribed while the state electronic prescription accountability system is nonfunctional."
SECTION 3. Section 329-38.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) For the purposes of this section, "qualifying opioid therapy patient" means:
(1) A patient requiring opioid treatment for more than three months;
(2) A patient who is prescribed benzodiazepines and opioids together; or
(3) A patient who is prescribed a dose of opioids that exceeds ninety morphine equivalent doses.
This term shall not apply to an individual who is receiving treatment at a hospital under the supervision of a licensed health care provider and who lacks capacity as defined in section 327E-2."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
Electronic Prescription Accountability System; Opioid Therapy; Informed Consent Process
Description:
Exempts health care providers from consulting the electronic prescription accountability system when a patient is in an inpatient setting, in post-operative care, or in hospice care. Exempts patients who are in an inpatient setting and lack capacity from the informed consent process for opioid therapy. (HB665 HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
