Senators Manchin, Scott introduce Non-Opioid Directive Act

WASHINGTON, D.C. (WHSV) — U.S. Senator Joe Manchin (D-WV) has introduced legislation with Senator Tim Scott (R-SC) that would establish a non-opioid directive form that allows patients to notify health professionals that they do not wish to be treated with opioids.

The legislation, called the Non-Opioid Directive Act, is based on legislation that has already passed in multiple states, according to a press release from Senator Manchin’s office.

In the press release, Manchin says the bill will allow for patients in recovery to avoid a relapse, and creates patient choice if they don’t want to risk taking potentially addictive medicines.

Per the press release, some of the key highlights of the Non-Opioid Directive Act are as follows:

Instructs the Department of Health and Human Services (HHS) to develop a non-opioid Pain Management Directive that will be included in a patient’s medical record.
It is voluntary. An individual may revoke a non-opioid pain management form executed by themselves at any time and in any manner. A guardian or patient advocate may also revoke the form for a minor at any time and in any manner.
Requires each group health plan or health insurance issuer to make the form available to each enrollee; and requires each group health plan or health insurance issuer to include a notice of the individual’s choice for non-opioid pain management to healthcare providers.
Requires group health plans and health insurance issuers to provide a copy of the non-opioid pain management form during annual enrollment, specifically asking the individual to opt-in or opt-out.
Allows an exception for providers to override the directive in the event a patient is receiving emergency treatment in a hospital or outside of a hospital; or receiving the opioid through intraoperative use during surgery; and in the treating healthcare professional’s opinion, after due consideration of other options and inquiring about a history of opioid use, the administration of the opioid is medically necessary to treat the individual.
The legislation extends full liability protections (criminal and civil) for providers who mistakenly administer an opioid when a patient has signed a directive or for failing to administer or prescribe an opioid.

For the full bill text, click here. For background information on the bill, click here.