of the revocation to the individual’s health care 
professional. 
‘‘(4) NOTIFICATION
REQUIREMENT.—In the 
case of a non-opioid pain management form executed 
by a patient advocate or guardian on behalf of an 
individual pursuant to paragraph (1)(B), any health 
care professional who copied and included the form 
in the individual’s medical record shall notify the pa-
tient of such form upon the patient turning 18, or 
regaining capacity, as applicable. 
‘‘(c) EXCEPTION FOR EMERGENCIES.— 
‘‘(1) IN GENERAL.—A health care professional 
who is authorized to dispense a particular opioid 
under the Controlled Substances Act and is author-
ized to dispense controlled substances by the State 
in which the health care professional practices may 
administer that opioid to an individual who has exe-
cuted a non-opioid pain management form or who 
has had a non-opioid pain management form exe-
cuted on their behalf if— 
‘‘(A) the individual is— 
‘‘(i) receiving emergency treatment in 
a hospital or outside of a hospital; or 
‘‘(ii) receiving the opioid through 
intraoperative use during surgery; and 
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‘‘(B) in the treating health care profes-
sional’s opinion, after due consideration of 
other options and inquiring about a history of 
opioid use, the administration of the opioid is 
medically necessary to treat the individual. 
‘‘(2) PROVISION OF INFORMATION ON ADVERSE 
EVENTS, OPIOID USE DISORDER, AND TREATMENT 
SERVICES.—If an opioid is administered under this 
subsection, the health care professional shall ensure 
that the individual is provided with information on 
adverse events, opioid use disorder, and treatment 
services of opioid use disorder. 
‘‘(d) LIMITATION ON LIABILITY.— 
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided by law, the individuals and entities described 
in paragraph (2) shall not be subject to civil or 
criminal liability or professional disciplinary action 
for failing to administer, prescribe, or dispense an 
opioid, or for the inadvertent administration of an 
opioid, to an individual who has executed a non- 
opioid pain management form or who has had a non- 
opioid pain management form executed on his or her 
behalf, if the failure to act or act was done reason-
ably and in good faith. 
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‘‘(2) 
INDIVIDUALS
AND
ENTITIES
DE-
SCRIBED.—The individuals and entities described in 
this paragraph are the following: 
‘‘(A) A health care professional whose 
scope of practice includes the prescribing, ad-
ministering, or dispensing of a controlled sub-
stance. 
‘‘(B) A provider of services. 
‘‘(C) An employee of a health care profes-
sional. 
‘‘(D) An employee of a provider of services. 
‘‘(E) Emergency and intraoperative med-
ical services personnel. 
‘‘(e) REGULATIONS.—The Secretary shall promulgate 
such rules and regulations as may be required to imple-
ment this section, including the following: 
‘‘(1) Procedures to record a non-opioid pain 
management form in a medical record, including an 
electronic medical record. 
‘‘(2) Procedures to revoke a non-opioid pain 
management form. 
‘‘(3) Procedures to ensure that the recording, 
disclosure, or distribution of data relating to a non- 
opioid pain management form or the transmission of 
a non-opioid pain management form complies with 
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State and Federal confidentiality and consent laws, 
rules, and regulations. 
‘‘(4) Exceptions for administering or pre-
scribing an opioid to an individual who has executed 
a non-opioid pain management form or who has had 
a non-opioid pain management form executed on his 
or her behalf if the opioid is administered or pre-
scribed to treat the individual for a substance use 
disorder. 
‘‘(5) Exceptions for administering or pre-
scribing an opioid to an individual who has executed 
a non-opioid pain management form or who has had 
a non-opioid pain management form executed on his 
or her behalf if the individual is a hospice patient. 
‘‘(6) The rules promulgated under this section 
must allow a health care professional or provider of 
services to incorporate a non-opioid pain manage-
ment form into an existing patient form or into 
other documentation used by the health care profes-
sional or provider of services. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) GROUP
HEALTH
PLAN; HEALTH
INSUR-
ANCE ISSUER.—The terms ‘group health plan’ and 
‘health insurance issuer’ have the meanings given 
such terms in section 2791. 
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‘‘(2) GUARDIAN.—The term ‘guardian’ means a 
person with the powers and duties to make medical 
treatment decisions on behalf of a patient to the ex-
tent granted by court order. 
‘‘(3) NON-OPIOID PAIN MANAGEMENT FORM.— 
The term ‘non-opioid pain management form’ means 
the non-opioid pain management form developed by 
the Secretary under subsection (a). 
‘‘(4) PATIENT ADVOCATE.—The term ‘patient 
advocate’ means an individual designated to make 
medical treatment decisions for a patient. 
‘‘(5) PROVIDER OF SERVICES.—The term ‘pro-
vider of services’ has the meaning given such term 
in section 1861(u) of the Social Security Act.’’. 
(b) EFFECTIVE DATE.—Section 553 of the Public 
Health Service Act, as added by subsection (a), shall take 
effect on January 1, 2022. 
Æ 
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