law

The 2014 General Assembly is now in recess until after the election on November 4, 2015.

In the past two weeks some bills were passed which will affect APRN Practice.  These bills go into effect 90 days after the Governor signs.

HB 314: Consent for Minors who are prescribed Opioids   This bill applies to ALL PRESCRIBERS   http://www.legislature.state.oh.us/bills.cfm?ID=130_HB_314

(B) Except as provided in division (C) of this section, before issuing for a minor the first prescription in a single course of treatment for a particular compound that is a controlled substance containing an opioid, regardless of whether the dosage is modified during that course of treatment, a prescriber shall do all of the following:

(1) As part of the prescriber’s examination of the minor, assess whether the minor has ever suffered, or is currently suffering, from mental health or substance abuse disorders and whether the minor has taken or is currently taking prescription drugs for treatment of those disorders;

(2) Discuss with the minor and the minor’s parent, guardian, or another adult authorized to consent to the minor’s
medical treatment all of the following:

(a) The risks of addiction and overdose associated with the compound;

(b) The increased risk of addiction to controlled substances of individuals suffering from both mental and substance abuse disorders;

(c) The dangers of taking controlled substances containing opioids with benzodiazepines, alcohol, or other central nervous system depressants;

(d) Any other information in the patient counseling information section of the labeling for the compound required under 21 C.F.R. 201.57(c)(18).

(3) Obtain written consent for the prescription from the minor’s parent, guardian, or, subject to division (E) of this section, another adult authorized to consent to the minor’s medical treatment. The prescriber shall record the consent on a form, which shall be known as the “Start Talking!” consent form. The form shall be separate from any other document the prescriber uses to obtain informed consent for other treatment provided to the minor. The form shall contain all of the following:

(a) The name and quantity of the compound being prescribed and the amount of the initial dose;

(b) A statement indicating that a controlled substance is a drug or other substance that the United States drug enforcement administration has identified as having a potential for abuse;

(c) A statement certifying that the prescriber discussed with the minor and the minor’s parent, guardian, or another adult authorized to consent to the minor’s medical treatment the matters described in division (B)(2) of this section;

(d) The number of refills, if any, authorized by the prescription;

(e) The signature of the minor’s parent, guardian, or another adult authorized to consent to the minor’s medical          treatment and the date of signing.

(C)(1) The requirements in division (B) of this section do not apply if the minor’s treatment with a compound that is a controlled substance containing an opioid meets any of the following criteria:

(a) The treatment is associated with or incident to a medical emergency.

(b) The treatment is associated with or incident to surgery, regardless of whether the surgery is performed on an inpatient or outpatient basis.

(c) In the prescriber’s professional judgment, fulfilling the requirements of division (B) of this section with respect to the minor’s treatment would be a detriment to the minor’s health or safety.

(d) Except as provided in division (D) of this section, the treatment is rendered in a hospital, ambulatory surgical facility, nursing home, pediatric respite care program, residential care facility, freestanding rehabilitation facility, or similar institutional facility.

(2) The requirements in division (B) of this section do not apply to a prescription for a compound that is a controlled substance containing an opioid that a prescriber issues to a minor at the time of discharge from a facility or other location described in division (C)(1)(d) of this section.

(D) The exemption in division (C)(1)(d) of this section does not apply to treatment rendered in a prescriber’s office that is located on the premises of or adjacent to a facility or other location described in that division.

(E) If the individual who signs the consent form required by division (B)(3) of this section is another adult authorized to consent to the minor’s medical treatment, the prescriber shall prescribe not more than a single, seventy-two-hour supply and indicate on the prescription the quantity that is to be dispensed pursuant to the prescription.

(F) A signed “Start Talking!” consent form obtained under this section shall be maintained in the minor’s medical record.
HB 341 ALL PRESCRIBERS of Opioids and Benzodiazepines must check OAARS before prescribing with limited exceptions      http://www.legislature.state.oh.us/bills.cfm?ID=130_HB_341
HB 165 To amend sections of the Revised Code to exempt certified hyperbaric technologists from the laws governing the practice of respiratory care. http://www.legislature.state.oh.us/bills.cfm?ID=130_HB_165  APRNS may now supervise certified hyperbaric technologists.

HB 301 Bill to allow APRNs to delegate medication administration to UAPs was voted out of the Health Committee.  Will need to wait until lame duck session (11/5-12/31/2014) to pass out of House and Senate.  Currently there is no opposition to this bill.
Mary Jane Maloney RN MSN CNP CWS
Director, Government Relations Committee
OAAPN