1219B 95th Legislative Session 965

2020 South Dakota Legislature

House Bill 1219

AMENDMENT 1219B FOR THE INTRODUCED BILL

Introduced by: Representative Qualm

An Act to require non-opioid alternatives to pain management.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

34-20A-114. Pain management—Non-opioid alternatives—Exceptions.

Before a health care provider, acting within the scope of the provider's practice, may prescribe an opioid for the purpose of mitigating or alleviating a patient's pain, the provider shall recommend a non-opioid medication or an alternative treatment for pain management. For purposes of this section alternative treatments include acupuncture, chiropractic services, massage therapy, occupational therapy, physical therapy, and participation in a pain management program.

The restriction set forth in this section does not apply:

(1) To a provider who, using sound medical judgment, determines and documents in the patient's medical file that:

(a) Following or necessitated by a major physical trauma, illness, a surgical or other medical procedure, or a dental procedure, the patient's risk of adverse effects from pain outweighs the risk of opioid usage; or

(b) The patient would receive the greatest benefit from a course of treatment that includes an opioid prescription, while simultaneously pursuing alternative treatments for pain management; or

(2) In the case of a patient who is receiving:

(a) Treatment for cancer;

(b) Palliative care;

(c) Hospice care; or

(d) Treatment for an opioid use disorder.

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.