HOUSE BILL 580
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Antonio "Moe" Maestas
AN ACT
RELATING TO CONTROLLED SUBSTANCES; ENACTING THE MARON CHRONIC PAIN MANAGEMENT ACT TO PROVIDE PROTOCOLS AND CRITERIA FOR PROVIDING CERTAIN CONTROLLED SUBSTANCES TO PATIENTS WHO SEEK CARE FOR PAIN MANAGEMENT; PROVIDING FOR A WEB-BASED CLEARINGHOUSE OF PATIENT INFORMATION; MANDATING THAT THE BOARD OF PHARMACY ADOPT RULES REQUIRING PRESCRIBERS TO CONSULT THE WEB-BASED CLEARINGHOUSE BEFORE PRESCRIBING CERTAIN CONTROLLED SUBSTANCES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. SHORT TITLE.--This act may be cited as the "Maron Chronic Pain Management Act".
SECTION 2. DEFINITIONS.--As used in the Maron Chronic Pain Management Act:
A. "drug test" means an analysis of an individual's hair, blood or urine to determine the presence of a drug or substance listed in Schedules I through V of the Controlled Substances Act; and
B. "health care provider" means a person authorized by law to prescribe a controlled substance listed in Schedules II through V of the Controlled Substances Act.
SECTION 3. CHRONIC PAIN MANAGEMENT--STANDARD OF PROCEDURE.--
A. A health care provider who seeks to provide to a patient care for pain management that incorporates the prescribed use of controlled substances listed in Schedules II through V of the Controlled Substances Act shall not provide care to the patient until the patient or the patient's representative has provided the following patient information:
(1) all medical records related to surgery, injury and prior pain management;
(2) all prior medical caregivers, dates of treatment and the purpose of each treatment;
(3) all felonies, incarcerations for felonies and pending judicial decisions related to drug trafficking or drug abuse;
(4) any records of drug addiction treatment as an inpatient or outpatient at a facility for treatment of opioid addiction; and
(5) the names of any immediate family member, spouse or partner to whom the patient is willing to grant a release of health information, in compliance with state and federal privacy laws, to permit those individuals to take part in discussions and education by a health care provider regarding the patient to foster a supportive personal environment for the patient.
B. As a condition of receiving controlled substances listed in Schedules II through V of the Controlled Substances Act for pain management, a patient shall submit to a drug test before receiving an initial administration of pain management drugs, and thereafter as the health care provider deems necessary to monitor any nontherapeutic use of controlled substances.
C. The New Mexico medical board shall adopt rules that provide for the creation of a "point system" whereby a health care provider shall quantify a patient's suitability for access to controlled substances listed in Schedules II through V of the Controlled Substances Act for pain management. In accordance with criteria that the board specifies by rule, a health care provider shall provide a patient with controlled substances listed in Schedules II through V of the Controlled Substances Act only if the health care provider deems the patient to be eligible for a minimum number of "points" in the point system. In assigning points, the board shall consider the following criteria:
(1) the assignment of points in positive correlation to the intensity of the medical care a patient receives;
(2) the assignment of points in positive correlation to the pain level that the patient is expected to experience or that the patient reports experiencing; and
(3) the subtraction of points in correlation to a patient's felony conviction for trafficking in controlled substances.
D. If a patient is denied access to controlled substances listed in Schedules II through V of the Controlled Substances Act for pain management because the patient does not meet the conditions to be provided these substances pursuant to this section, the patient shall have an opportunity to appeal a health care provider's decision to the New Mexico medical board. The New Mexico medical board shall make a final determination of the patient's eligibility for access to controlled substances listed in Schedules II through V of the Controlled Substances Act for pain management in accordance with procedures and criteria that the board shall adopt by rule.
E. A patient seeking access to controlled substances listed in Schedules II through V of the Controlled Substances Act for pain management shall be responsible for the cost of:
(1) supplying any of the information required pursuant to Subsection A of this section;
(2) drug tests required pursuant to Subsection B of this section; and
(3) any appeal that the patient files pursuant to Subsection D of this section.
F. The New Mexico medical board shall establish a web-based clearinghouse of patient information provided pursuant to Subsection A of this section and the point system developed pursuant to Subsection C of this section. The New Mexico medical board shall ensure that the storage and sharing of clearinghouse information is in compliance with state and federal privacy laws. The board of pharmacy shall require a health care provider to consult the information on the New Mexico medical board's web-based clearinghouse, including a patient's status in the point system, before prescribing to the patient any controlled substance listed in Schedules II through V of the Controlled Substances Act.
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