§327H-2  Bill of rights.  (a)  Thepain patient's bill of rights includes the following:

(1)  A patient who suffers from severe acute pain orsevere chronic pain has the option to request or reject the use of any or allmodalities to relieve the pain;

(2)  A patient who suffers from severe acute pain orsevere chronic pain has the option to choose from appropriate pharmacologictreatment options to relieve severe acute pain or severe chronic pain,including opiate medications, without first having to submit to an invasivemedical procedure.

For purposes of this paragraph,"invasive medical procedure" means surgery, destruction of a nerve orother body tissue by manipulation, or the implantation of a drug deliverysystem or device;

(3)  A patient's physician may refuse to prescribeopiate medication for a patient who requests a treatment for severe acute painor severe chronic pain.  However, that physician may inform the patient ofphysicians who are qualified to treat severe acute pain and severe chronic painemploying methods that include the use of opiates;

(4)  A physician who uses opiate therapy to relievesevere acute pain or severe chronic pain may prescribe a dosage deemedmedically necessary to relieve the pain;

(5)  A patient may voluntarily request that thepatient's physician provide an identifying notice of the prescription forpurposes of emergency treatment or law enforcement identification; and

(6)  With regard to pain patients, the application ofthis section shall be guided by the medical principle that physical toleranceand dependence are normal consequences of sustained use of opiate medication,distinguishable from psychological dependency or addiction that bears norelationship to pain experienced by a patient.  For the purposes of thissection, psychological dependency shall be characterized by a patient'scompulsion to take a drug notwithstanding the fact that the patient knows theharmful and destructive effect of the drug on the patient.  The distinction isone of treatment of pain as opposed to feeding a psychological need.  A patientwho suffers severe acute pain or severe chronic pain secondary to a diagnosisin any form of disease and chronic conditions may be entitled to receive aprescription of opiate medication for the treatment of the pain, if requestedby that patient; provided that:

(A)  The particular opiate is appropriate tothe treatment of that pain; and

(B)  The patient is not addicted to theopiate.  For the purposes of this subparagraph, the term "addicted"refers to a psychological dependence, rather than a progressive physicaltolerance for the opiate to relieve the pain; provided that the term does notinclude a narcotic-dependent person as defined in section 329-40.

(b)  Nothing in this section shall be construedto:

(1)  Expand the authorized scope of practice of anylicensed physician;

(2)  Limit any reporting or disciplinary provisionsapplicable to licensed physicians and surgeons who violate prescribingpractices; and

(3)  Prohibit the discipline or prosecution of alicensed physician for:

(A)  Failing to maintain complete, accurate,and current records that document the physical examination and medical historyof a patient, the basis for the clinical diagnosis of a patient, and thetreatment plan for a patient;

(B)  Writing false or fictitious prescriptionsfor controlled substances scheduled in the Federal Comprehensive Drug AbusePrevention and Control Act of 1970, 21 United States Code 801 et seq. or inchapter 329;

(C)  Prescribing, administering, or dispensingpharmaceuticals in violation of the provisions of the Federal ComprehensiveDrug Abuse Prevention and Control Act of 1970, 21 United States Code 801 etseq. or of chapter 329;

(D)  Diverting medications prescribed for apatient to the licensed physician's own personal use; and

(E)  Causing, or assisting in causing, thesuicide, euthanasia, or mercy killing of any individual; provided that it isnot "causing, or assisting in causing, the suicide, euthanasia, or mercykilling of any individual" to prescribe, dispense, or administer medicaltreatment for the purpose of treating severe acute pain or severe chronic pain,even if the medical treatment may increase the risk of death, so long as themedical treatment is not also furnished for the purpose of causing, or thepurpose of assisting in causing, death for any reason. [L 2004, c 189, pt of §1;am L 2008, c 131, §2]