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124960-124961

HEALTH AND SAFETY CODE
SECTION 124960-124961

124960.  The Legislature finds and declares all of the following:
   (a) The state has a right and duty to control the illegal use of
opiate drugs.
   (b) Inadequate treatment of acute and chronic pain originating
from cancer or noncancerous conditions is a significant health
problem.
   (c) For some patients, pain management is the single most
important treatment a physician can provide.
   (d) A patient suffering from severe chronic intractable pain
should have access to proper treatment of his or her pain.
   (e) Due to the complexity of their problems, many patients
suffering from severe chronic intractable pain may require referral
to a physician with expertise in the treatment of severe chronic
intractable pain. In some cases, severe chronic intractable pain is
best treated by a team of clinicians in order to address the
associated physical, psychological, social, and vocational issues.
   (f) In the hands of knowledgeable, ethical, and experienced pain
management practitioners, opiates administered for severe acute and
severe chronic intractable pain can be safe.
   (g) Opiates can be an accepted treatment for patients in severe
chronic intractable pain who have not obtained relief from any other
means of treatment.
   (h) A patient suffering from severe chronic intractable pain has
the option to request or reject the use of any or all modalities to
relieve his or her severe chronic intractable pain.
   (i) A physician treating a patient who suffers from severe chronic
intractable pain may prescribe a dosage deemed medically necessary
to relieve severe chronic intractable pain as long as the prescribing
is in conformance with the provisions of the California Intractable
Pain Treatment Act, Section 2241.5 of the Business and Professions
Code.
   (j) A patient who suffers from severe chronic intractable pain has
the option to choose opiate medication for the treatment of the
severe chronic intractable pain as long as the prescribing is in
conformance with the provisions of the California Intractable Pain
Treatment Act, Section 2241.5 of the Business and Professions Code.
   (k) The patient's physician may refuse to prescribe opiate
medication for a patient who requests the treatment for severe
chronic intractable pain. However, that physician shall inform the
patient that there are physicians who specialize in the treatment of
severe chronic intractable pain with methods that include the use of
opiates.


124961.  Nothing in this section shall be construed to alter any of
the provisions set forth in the California Intractable Pain Treatment
Act, Section 2241.5 of the Business and Professions Code. This
section shall be known as the Pain Patient's Bill of Rights.
   (a) A patient suffering from severe chronic intractable pain has
the option to request or reject the use of any or all modalities in
order to relieve his or her severe chronic intractable pain.
   (b) A patient who suffers from severe chronic intractable pain has
the option to choose opiate medications to relieve severe chronic
intractable pain without first having to submit to an invasive
medical procedure, which is defined as surgery, destruction of a
nerve or other body tissue by manipulation, or the implantation of a
drug delivery system or device, as long as the prescribing physician
acts in conformance with the provisions of the California Intractable
Pain Treatment Act, Section 2241.5 of the Business and Professions
Code.
   (c) The patient's physician may refuse to prescribe opiate
medication for the patient who requests a treatment for severe
chronic intractable pain. However, that physician shall inform the
patient that there are physicians who specialize in the treatment of
severe chronic intractable pain with methods that include the use of
opiates.
   (d) A physician who uses opiate therapy to relieve severe chronic
intractable pain may prescribe a dosage deemed medically necessary to
relieve severe chronic intractable pain, as long as that prescribing
is in conformance with the California Intractable Pain Treatment
Act, Section 2241.5 of the Business and Professions Code.
   (e) A patient may voluntarily request that his or her physician
provide an identifying notice of the prescription for purposes of
emergency treatment or law enforcement identification.
   (f) Nothing in this section shall do either of the following:
   (1) Limit any reporting or disciplinary provisions applicable to
licensed physicians and surgeons who violate prescribing practices or
other provisions set forth in the Medical Practice Act, Chapter 5
(commencing with Section 2000) of Division 2 of the Business and
Professions Code, or the regulations adopted thereunder.
   (2) Limit the applicability of any federal statute or federal
regulation or any of the other statutes or regulations of this state
that regulate dangerous drugs or controlled substances.