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



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



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



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



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



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



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



(6)  With regard to pain patients, the application of
this section shall be guided by the medical principle that physical tolerance
and dependence are normal consequences of sustained use of opiate medication,
distinguishable from psychological dependency or addiction that bears no
relationship to pain experienced by a patient.  For the purposes of this
section, psychological dependency shall be characterized by a patient's
compulsion to take a drug notwithstanding the fact that the patient knows the
harmful and destructive effect of the drug on the patient.  The distinction is
one of treatment of pain as opposed to feeding a psychological need.  A patient
who suffers severe acute pain or severe chronic pain secondary to a diagnosis
in any form of disease and chronic conditions may be entitled to receive a
prescription of opiate medication for the treatment of the pain, if requested
by that patient; provided that:



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



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



(b)  Nothing in this section shall be construed
to:



(1)  Expand the authorized scope of practice of any
licensed physician;



(2)  Limit any reporting or disciplinary provisions
applicable to licensed physicians and surgeons who violate prescribing
practices; and



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



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



(B)  Writing false or fictitious prescriptions
for controlled substances scheduled in the Federal Comprehensive Drug Abuse
Prevention and Control Act of 1970, 21 United States Code 801 et seq. or in
chapter 329;



(C)  Prescribing, administering, or dispensing
pharmaceuticals in violation of the provisions of the Federal Comprehensive
Drug Abuse Prevention and Control Act of 1970, 21 United States Code 801 et
seq. or of chapter 329;



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



(E)  Causing, or assisting in causing, the
suicide, euthanasia, or mercy killing of any individual; provided that it is
not "causing, or assisting in causing, the suicide, euthanasia, or mercy
killing of any individual" to prescribe, dispense, or administer medical
treatment 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 the
medical treatment is not also furnished for the purpose of causing, or the
purpose of assisting in causing, death for any reason. [L 2004, c 189, pt of §1;
am L 2008, c 131, §2]