Bill Summaries: H738 (2017-2018 Session)

Tracking:
  • Summary date: Apr 11 2017 - View summary

    Enacts new GS 90-21.17A (Portable opioid prescription and treatment opt out form). Authorizes physicians to issue portable opioid prescription treatment and treatment opt out forms for a patient with consent of the patient, patient's parent or guardian, or representative, as specified. Requires the physician to document the basis for the prescription and opt out form in the medical record. Provides documentation requirements. Directs the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, in consultation with the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services, the North Carolina Medical Board, and the North Carolina Board of Pharmacy to develop an official opioid prescription and treatment opt out form that indicates to all prescribing practitioners and health care facilities that the named patient shall not be offered, prescribed, supplied with, or otherwise administered opioids. Provides requirements for the contents of the form. Protects physicians, emergency medical professionals, hospice providers, and health care providers from criminal prosecution, civil liability, or disciplinary action for withholding opioid prescriptions and treatment from a patient in good-faith reliance on an original opt out form, so long as there are no reasonable grounds for doubting the validity of the form or the identity of the patient, and the provider does not have actual knowledge of the revocation of the form. Further protects providers from criminal prosecution, civil liability, or disciplinary action for failure to follow an opt out form if the provider had no actual knowledge of the existence of the opt out form. Authorizes health care facilities to develop policies that authorize the facility's provider to accept a portable opt out form as if it were an order of the medical staff of that facility. Does not affect the validity of portable opioid prescription and treatment opt out forms in existence prior to the effective date of this statute. Effective January 1, 2018.

    Directs the Department of Health and Human Services, Division of Mental health, Developmental Disabilities, and Substance Abuse Services, in consultation with the specified entities, to develop and publish on its website an official opioid prescription and treatment opt out form as described above, in a format that can be downloaded, by January 1, 2018. Effective when the bill becomes law.