View Full Version : CA state and federal laws about patients rights needed
HiJacked
04-27-2006, 11:37 PM
I need a link to the laws pertaining to patients rights for california state and federal laws and regulations as well. Why are these things so damn hard to find online? I really need this information , so please if you happen to know where to look help me da'fugg out peez?:D
candy
04-28-2006, 04:09 PM
If your going to a Methadone clinic for treatment...State laws require that they have the rules and regulations posted and patients rights posted somewhere in the clinic where patients can access them. They also must post a phone number, address, or other contact information for patients to obtain those rights, make a complaint, etc.
I know that is not what I asked for, but I will take a look for ya and see if I can get that info for you.
candy
04-28-2006, 04:27 PM
http://Website: http://Website: http://www.adp.ca.gov/adp_prog.asp
The above link should help you.
You can also contact, Rebecca Lira-Manager of State Methadone Authority
(916) 445-1943
Try the link and if you cannot find what you need, then try to contact the above person.
Hope this helps.
caesee
04-28-2006, 04:43 PM
you can also search for the "California Pain Patients's Bill of Rights"...it was SB 402..below is a peice of the legislation that was passed...
SB 402, Greene. Health: opiate drugs.
Existing law, the Intractable Pain Treatment Act, authorizes a physician and surgeon to prescribe or administer controlled substances to a person in the course of treating that person for a diagnosed condition called intractable pain, and prohibits the Medical Board of California from disciplining a physician and surgeon for this action.
This bill establishes the Pain Patient’s Bill of Rights and states the legislative findings and declarations regarding the value of opiate drugs to persons suffering from severe chronic intractable pain. It, among other things, authorizes a physician to refuse to prescribe opiate medication for a patient who requests the treatment for severe chronic intractable pain, the physician to inform the patient that there are physicians who specialize in the treatment of severe chronic intractable pain with methods that include the use of opiates, and authorizes a physician who prescribes opiates to prescribe a dosage deemed medically necessary.
The people of the State of California do enact as follows:
SECTION 1. Part 4.5 (commencing with Section 124960) is added to Division 106 of the Health and Safety Code, to read:
PART 4.5. PAIN PATIENT’S BILL OF RIGHTS
124960. The Legislature finds and declares all of the following:
(a) The state has a right and duty to control the illegal use of opiate drugs
(b) Inadequate treatment of acute and chronic pain originating from cancer or non-cancerous conditions is a significant health problem.
(c) For some patients, pain management is the single most important treatment a physician can provide.
(d) A patient suffering from severe chronic intractable pain should have access to proper treatment of his or her pain.
(e) Due to the complexity of their problems, many patients suffering from severe chronic intractable pain may require referral to a physician with expertise in the treatment of severe chronic intractable pain. In some cases, severe chronic intractable pain is best treated by a team of clinicians in order to address the associated physical, psychological, social, and vocational issues.
(f) In the hands of knowledgeable, ethical, and experienced pain management practitioners, opiates administered for severe acute and severe chronic intractable pain can be safe.
(g) Opiates can be an accepted treatment for patients in severe chronic intractable pain who have not obtained relief from any other means of treatment.
(h) A patient suffering from severe chronic intractable pain has the option to request or reject the use of any or all modalities to relieve his or her severe chronic intractable pain.
(i) A physician treating a patient who suffers from severe chronic intractable pain may prescribe a dosage deemed medically necessary to relieve severe chronic intractable pain as long as the prescribing is in conformance with the provisions of the California Intractable Pain Treatment Act, Section 2241.5 of the Business and Professions Code.
(j.) A patient who suffers from severe chronic intractable pain has the option to choose opiate medication for the treatment of the severe chronic intractable pain as long as the prescribing is in conformance with the provisions of the California Intractable Pain Treatment Act, Section 2241.5 of the Business and Professions Code.
(k) The patient’s physician may refuse to prescribe opiate medication for a patient who requests the treatment for severe chronic intractable pain. However, that physician shall inform the patient that there are physicians who specialize in the treatment of severe chronic intractable pain with methods that include the use of opiates.
124961. Nothing in this section shall be construed to alter any of the provisions set forth in the California Intractable Pain Treatment Act, Section 2241.5 of the Business and Professions Code. This section shall be known as the Pain Patient’s Bill of Rights.
(a) A patient suffering from severe chronic intractable pain has the option to request or reject the use of any or all modalities in order to relieve his or her severe chronic intractable pain.
(b) A patient who suffers from severe chronic intractable pain has the option to choose opiate medications to relieve severe chronic intractable pain without first having to submit to an invasive medical procedure, which is defined as surgery, destruction of a nerve or other body tissue by manipulation, or the implantation of a drug delivery system or device, as long as the prescribing physician acts in conformance with the provisions of the California Intractable Pain Treatment Act, Section 2241.5 of the Business and Professions Code.
(c) The patient’s physician may refuse to prescribe opiate medication for the patient who requests a treatment for severe chronic intractable pain. However, that physician shall inform the patient that there are physicians who specialize in the treatment of severe chronic intractable pain with methods that include the use of opiates.
(d) A physician who uses opiate therapy to relieve severe chronic intractable pain may prescribe a dosage deemed medically necessary to relieve severe chronic intractable pain, as long as that prescribing is in conformance with the California Intractable Pain Treatment Act, Section 2241.5 of the Business and Professions Code.
(e) A patient may voluntarily request that his or her physician provide an identifying notice of the prescription for purposes of emergency treatment or law enforcement identification.
(f) Nothing in this section shall do either of the following:
(1) Limit any reporting or disciplinary provisions applicable to licensed physicians and surgeons who violate prescribing practices or other provisions set forth in the Medical Practice Act, Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, or the regulations adopted thereunder.
(2) Limit the applicability of any federal statute or federal regulation or any of the other statutes or regulations of this state that regulate dangerous drugs or controlled substances.
candy
04-28-2006, 05:40 PM
Hey Hijacked,
You were referring to patients rights regarding methadone treatment? I assumed so due to your post in the Methadone forum.
caesee
04-28-2006, 05:50 PM
Hey Hijacked,
You were referring to patients rights regarding methadone treatment? I assumed so due to your post in the Methadone forum.
i dont look to see what forum it was posted, my bad..
HiJacked
05-04-2006, 08:17 AM
i dont look to see what forum it was posted, my bad..
I was referring to a MMT patients rights to be adequatley given a reasonable chance for success after meeting with the clinic manager/& Clinic Doctor and requesting a 3 month taper with my last cash payment being the reason for the manager being asked to sit-in at the Doctors appointment.
My clinic Doctor knows only 2 things...1.) do you have cravings? if so dose goes up.
or
2.) Give me 3 clean UA's and then I will begin to taper you.
After running out of money I made sure to let both Doc & manager know that april 19th (the day before the 20th = second 1/2 of bi-weekly cash payment) , would be the beginning of the Doc putting me onto a standard 15 day (fee)detox coming down from 30mg to 0mg ending on may 4th.
Well the same bitch manager stopped my taper on the 22nd of April , 2 days into the taper and claimed that without $130 on a saturday that I wont be dosed.
I've always been given a 15 day fee-detox regardless of when I run out of money, but this time I made sure all three of us in the appointment knew that the 5th of April was my last day I could pay.
After $2597 dollars I feel (as does the head counselor and my bi-monthly counselor) that this goes against normal clinic policy. So I sent a grievance to the Ombudsman/Aegis grievance party and have yet to hear back yet.
It was as if the bitch manager was butt-hurt that I was leaving the program. She surely cant believe that cutting me off as 21mg after 2 days into my 15 day taper could be giving me or anyone in this perdicament any kind of chance.
Unfortunatley it threw me right back into the heroin smoking ratrace , even though I hate it and want my 15 days reinstated.
Not all clinic management are there to see the best for their patients. Even when they are supposed to be there to help their patients reintergrate off the program and into the world as painlessly and helpfully as they can...
make sense to anyone?
alowishus
05-04-2006, 08:42 AM
Man, anykind of rehad, has always been about the money. You are a body to them they get X amount of $$$ from the state or G-ment for ever body in the program, you leave they lose money.
Regular health care is got that way too now, Dr's. see what they can make from the insurance companies, drug makers likewise, then the fee's go up and up and up. I'm about ready, and I have been talking to my wife about moving to the great white north, hell there thier are just as many guns if not more and hardly any gun crime, it's unthinkable. And I love salt and vinager chips.....:D
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