2018 Regular Session ENROLLED
SENATE BILL NO. 90
BY SENATOR MILLS
1 AN ACT
2 To enact Subpart D of Part 1 of Subchapter A of Chapter 5-D of Title 40 of the Louisiana
3 Revised Statutes of 1950, to be comprised of R.S. 40:1156.1, relative to a voluntary
4 nonopioid directive form; to provide for voluntary prescription opioid opt-out
5 opportunity for patients; to provide for a form; to provide for access to the form; to
6 provide for immunity; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Subpart D of Part 1 of Subchapter A of Chapter 5-D of Title 40 of the
9 Louisiana Revised Statutes of 1950, comprised of R.S. 40:1156.1, is hereby enacted to read
10 as follows:
11 SUBPART D. PRESCRIPTION NONOPIOID DIRECTIVE
12 ยง1156.1. Voluntary nonopioid directive; form; immunity
13 A. The Louisiana Department of Health, in consultation with the office
14 of behavioral health, shall establish a voluntary nonopioid directive form and
15 shall publish the form prominently on the department's website for public use.
16 B. A patient may execute and file a voluntary nonopioid directive form
17 with a prescribing practitioner when the patient does not wish to be issued a
18 prescription or medication order for an opioid. Upon receipt of a voluntary
19 nonopioid directive form, a prescribing practitioner shall date and affix his
20 signature to the form in the presence of the patient as evidence of acceptance,
21 document the receipt in the patient's medical record, and provide a signed copy
22 of the form to the patient.
23 C. The voluntary nonopioid directive form established by the
24 department shall allow a patient or when the patient is unable to consent for
25 himself, any person duly authorized and empowered to provide medical consent
26 for the patient under the provisions of R.S. 40:1151.4, to revoke the directive,
27 orally or in writing, for any reason, at any time.
ACT No. 28
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 90 ENROLLED
1 D. An electronically transmitted prescription to a pharmacy shall be
2 presumed to be valid for the purposes of this Section, and a pharmacist shall not
3 be held in violation of this Section for dispensing a controlled substance in
4 contradiction to a voluntary nonopioid form.
5 E. No prescribing practitioner who has signed and executed a nonopioid
6 directive form with a patient acting with reasonable care shall be liable for
7 damages in a civil action or subject to criminal prosecution or be deemed to
8 have violated the standard of care for such prescribing practitioner for refusing
9 to issue a prescription or medication order for an opioid pursuant to a
10 voluntary nonopioid directive form.
11 F. No person acting in good faith as a duly authorized guardian or health
12 care representative pursuant to Subsection C of this Section shall be liable for
13 damages in a civil action or subject to criminal prosecution for revoking or
14 overriding a voluntary nonopioid directive form.
15 G. No prescribing practitioner shall be liable for damages in a civil
16 action, subject to criminal prosecution, or deemed to have violated the standard
17 of care for a prescribing practitioner's profession for issuing a prescription for
18 or administering a controlled substance containing an opioid to a patient when
19 the patient and the prescribing practitioner have not executed and filed a
20 voluntary nonopioid directive form under the provisions of this Subpart.
21 H. A prescribing practitioner who willfully fails to comply with a
22 patient's voluntary nonopioid directive form may be subject to disciplinary
23 action pursuant to rules promulgated by his health profession licensing board.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.