[§386-28]  Opioid therapy; qualifying injured employees; informed consent process.  (a)  Beginning on July 1, 2019, any health care provider authorized to prescribe opioids shall adopt and maintain a written policy or policies that include execution of a written agreement to engage in an informed consent process between the health care provider authorized to prescribe opioids and a qualifying injured employee.

     (b)  If the qualifying injured employee is unable to physically or mentally execute the written agreement pursuant to subsection (a), due to the injury, then the physician shall execute the agreement as soon as the employee's condition improves.  At no time shall the employee be responsible for the payment of the medication prescribed.

     (c)  The department shall make available on its website a copy of the template for an opioid therapy informed consent process agreement developed by the department of health pursuant to section 329-38.5(b).  The template shall be posted to the department's website no later than December 31, 2018.

     (d)  For the purposes of this section, "qualifying injured employee" means:

     (1)  An injured employee requiring opioid treatment for more than three months;

     (2)  An injured employee who is prescribed benzodiazepines and opioids together; or

     (3)  An injured employee who is prescribed a dose of opioids that exceeds ninety morphine equivalent doses.

     (e)  A violation of this section shall not be subject to the penalty provisions of part IV of chapter 329. [L 2018, c 155, pt of §2]