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Committee considers 'non-opioid directive' allowing patients to record opioid refusal in medical records
Summary
Representative Emerson Levy presented a form-based proposal (HB 3211) to let patients document a preference to avoid opioid pain medication unless the prescribing clinician deems it necessary or an emergency exception applies. Supporters said the directive protects patients with addiction histories.
The committee heard a short informational presentation on House Bill 3211, which would permit individuals to create a medical directive stating a preference to avoid opioid analgesics in non-emergency care. Representative Emerson Levy said the concept, modeled on Michigan law, places a note in the electronic medical record that flags the patient's preference while preserving clinicians’ authority in emergencies.
Levy and other supporters said the directive is intended for patients who prefer to avoid opioids because of prior substance-use disorder history, family history of addiction, or personal preference. The proposed form includes language that exempts emergency-room care and allows clinicians to override the preference if clinically necessary. The sponsor said the directive can be revoked at any time and compares to other advance-directive tools already used in clinical practice.
Committee members asked how patients without an ongoing primary-care relationship would access and record such a directive; witnesses noted that establishing primary care facilitates the discussion but that electronic record systems can carry directives across systems. The bill drew limited opposition and was discussed as a targeted harm-reduction and patient-choice measure.
