RÉSUMÉ DIGEST
ACT 28 (SB 90) 2018 Regular Session Mills
New law requires LDH to establish and post a voluntary nonopioid directive form on its
website to allow a patient to voluntarily opt-out of receiving opioid prescriptions from his
prescribing practitioner(s). Allows a patient and his prescribing practitioner to sign, execute,
and file the nonopioid directive. Allows a patient to appoint a duly authorized guardian or
health care representative to override an opt-out directive orally or in writing, for any reason,
at any time.
New law provides immunity from civil, criminal, and professional licensure sanctions for
pharmacists who dispense an opioid based on an electronic prescription, prescribing
practitioners acting with reasonable care for refusing to issue an opioid prescription, an
authorized guardian or health care representative for revoking the nonopioid directive, and
a prescribing practitioner for issuing a prescription for or administering a controlled
substance containing an opioid when he was not a party to the executed and filed nonopioid
directive.
New law authorizes health professional licensing boards that regulate prescribers to
promulgate rules regarding disciplinary action against a prescribing practitioner who willfully
fails to comply with a patient's voluntary nonopioid directive form.
Effective August 1, 2018.
(Adds R.S. 40:1156.1)