Informed Consent Documentation for Pain Prescriptions

Prescribing practitioners in Nevada are readily aware of the significant legal changes that were enacted after the 2017 Nevada legislative session regarding the requirements for prescribing controlled substances for the treatment of pain.

Additional changes were made in 2019, including addition requirements for documenting a patient’s informed consent before prescribing a new controlled substance prescription for pain.  NRS 639.23912 previously directed practitioners to discuss items such as the risks and benefits of the treatment, proper use of the prescription, alternative treatments, etc. with the patient.   The 2019 changes now require a practitioner to also document in the patient’s chart that a discussion with the patient occurred covering the required informed consent factors and that the patient gave informed consent to initiate the prescription.  If a written informed consent was provided, that should be included in the patient’s chart; but be aware, simply having the required prescription medication agreement (pain management contract) in the patient’s chart does not satisfy the informed consent documentation requirement.