BILL NUMBER: AB 507	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 1, 2011
	AMENDED IN SENATE  JUNE 20, 2011
	AMENDED IN ASSEMBLY  APRIL 27, 2011
	AMENDED IN ASSEMBLY  APRIL 13, 2011
	AMENDED IN ASSEMBLY  MARCH 21, 2011

INTRODUCED BY   Assembly Member Hayashi

                        FEBRUARY 15, 2011

   An act to amend Sections 124960 and 124961 of, and to repeal
Section 11453 of, the Health and Safety Code, relating to public
health.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 507, as amended, Hayashi. Pain management.
   (1) Existing law authorizes the Department of Justice to employ a
physician to interview and examine any patient in connection with the
prescription, possession, or use of a controlled substance, requires
the patient to submit to the interview and examination, and
authorizes the physician to testify in prescribed administrative
proceedings.
   This bill would repeal that provision.
   (2) Existing law, the Medical Practice Act, provides for the
licensing and regulation of physicians and surgeons by the Medical
Board of California  , and the   . The 
violation of specified provisions of the act is a crime. Existing law
authorizes a physician and surgeon to prescribe for, or dispense or
administer to, a person under his or her treatment for a medical
condition, drugs or prescription controlled substances for the
treatment of pain or a condition causing pain, including, but not
limited to, intractable pain.
   This bill would conform findings and declarations and other
references to severe chronic intractable pain and to the California
Intractable Pain Treatment Act.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11453 of the Health and Safety Code is
repealed.
  SEC. 2.  Section 124960 of the Health and Safety Code is amended to
read:
   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 pain or a condition causing pain,
including, but not limited to, 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 pain or a condition causing pain, including, but not
limited to, intractable pain may require referral to a physician with
expertise in the treatment of pain or a condition causing pain,
including, but not limited to, intractable pain. In some cases, pain
or a condition causing pain, including, but not limited to,
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 pain or a
condition causing pain, including, but not limited to, intractable
pain can be safe.
   (g) Opiates can be an accepted treatment for patients in pain or a
condition causing pain, including, but not limited to, intractable
pain who have not obtained relief from any other means of treatment.
   (h) A patient suffering from pain or a condition causing pain,
including, but not limited to, intractable pain has the option to
request or reject the use of any or all modalities to relieve his or
her pain.
   (i) A physician treating a patient who suffers from pain or a
condition causing pain, including, but not limited to, intractable
pain may prescribe a dosage deemed medically necessary to relieve
pain as long as the prescribing is in conformance with Section 2241.5
of the Business and Professions Code.
   (j) A patient who suffers from pain or a condition causing pain,
including, but not limited to, 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 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 pain or a
condition causing pain, including, but not limited to, intractable
pain. However, that physician shall  refer the patient to
  inform the patient that there are  physicians who
treat pain or a condition causing pain, including, but not limited
to, intractable pain with methods that include the use of opiates.
  SEC. 3.  Section 124961 of the Health and Safety Code is amended to
read:
   124961.  Nothing in this section shall be construed to alter any
of the provisions set forth in 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 pain or a condition causing pain,
including, but not limited to, intractable pain has the option to
request or reject the use of any or all modalities in order to
relieve his or her pain.
   (b) A patient who suffers from pain or a condition causing pain,
including, but not limited to, intractable pain has the option to
choose opiate medications to relieve that 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 pain or a
condition causing pain, including, but not limited to, intractable
pain. However, that physician shall inform the patient that there are
physicians who treat pain and whose methods include the use of
opiates.
   (d) A physician who uses opiate therapy to relieve pain or a
condition causing pain, including, but not limited to, intractable
pain may prescribe a dosage deemed medically necessary to relieve the
patient's pain, as long as that prescribing is in conformance with
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.