Bill Ensures Oklahomans with Chronic Pain Receive Needed Relief

Apr 04, 2023
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Legislation ensuring Oklahomans suffering from chronic pain can receive the medication they need was approved by the Oklahoma House of Representatives ahead of the third reading deadline.

House Bill 1082, authored by Rep. John Talley, removes a phrase from statute that caused confusion regarding prescription limits for Oklahomans with chronic pain. 

"When new legislation surrounding opioid prescriptions took effect in 2018, there was a lot of confusion on whether there were prescribing limits for patients with chronic pain, which was never the case," Talley said. "As a result, many Oklahomans with chronic pain went untreated or undertreated for years due to uncertainty among practitioners and attorneys about the legality of prescribing effective dosage." 

Talley said the Ruan v. United States decision from the U.S. Supreme Court in June 2022 ensured the protection of due process for American physicians, requiring that the intent of the practitioner be taken into consideration. Talley said HB1082 aligns Oklahoma statute with that ruling to protect practitioners doing their best to care for their patients.

 Additionally, HB1082 changes the timeline requiring informed consent from three months to 14 days and clarifies that simple informed consent is required, not a patient-provider agreement or pain contract. 

Talley said this change would reduce confusion surrounding requirements and ensure patients taking prescription pain medications are educated on benefits and risks early on to minimize negative outcomes where possible.

 HB1082 passed the House 88-2 and has moved to the Senate, where it is authored by Sen. Shane Jett, R-Shawnee.

Oklahoma House of Representatives seal