SECTION 18A. Prerequisites for issuing outpatient extended-release long-acting opioid in a non-abuse deterring form; written pain management treatment plan for long-term pain management

(a) Prior to issuing an extended-release long-acting opioid in a non-abuse deterrent form for outpatient use for the first time, a practitioner registered under section 7 shall: (i) evaluate the patient's current condition, risk factors, history of substance abuse, if any, and current medications; and (ii) inform the patient and note in the patient's medical record that the prescribed medication, in the prescriber's medical opinion, is an appropriate course of treatment based on the medical need of the patient.

(b) In the event that a practitioner recommends that an extended-release long-acting opioid be utilized during the course of long-term pain management, the practitioner registered under section 7 shall enter into a written pain management treatment agreement with the patient that appropriately addresses the benefits as well as the risk factors for abuse or misuse of the prescribed substance under guidelines published by the department. Such an agreement shall be filed in the patient's medical record or included in the patient's electronic health record.