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HF 1379

Use of nonopioid directives authorized, and immunity for certain acts or failures to act established.

2025-2026 Regular Session Introduced by Jeff Backer and 7 co-sponsors

HF 1379 authorizes nonopioid pain directives, requires documenting them, and grants limited immunity to providers who in good faith follow or reasonably honor them.

Committee report, to adopt as amended and re-refer to Health Finance and Policy
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Bill Summary · HF 1379

HF 1379 — Summary (Use of nonopioid directives authorized; immunity for certain acts or failures to act)

Status: Committee report, to adopt as amended and re-refer to Health Finance and Policy
Introduced: February 24, 2025
Primary sponsor: Rep. Baker
Related/companion: SF 1814

Note: Full bill text was not provided. This summary is based on the bill title, available legislative actions, and typical statutory structure for bills authorizing patient directives and provider immunity. Where the bill’s text is required for precision, I note likely or typical provisions.

Purpose / Intent

HF 1379 would authorize patients to create and use nonopioid directives — advance instructions that request clinicians avoid prescribing or administering opioid analgesics — and would establish limited legal immunity for certain acts or failures to act related to such directives. The bill is intended to strengthen patient choice about pain management options and to protect clinicians and facilities that follow (or, in certain cases, decline to follow) those directives from civil or criminal liability.

Key provisions (likely / expected)

Based on the title and standard legislative practice, HF 1379 likely includes the following components:

  • Authorization of nonopioid directives

    • Defines a “nonopioid directive” or similar advance instruction allowing an individual to state a preference for nonopioid pain management (e.g., acetaminophen, NSAIDs, regional anesthesia, multimodal analgesia, physical therapy).
    • Specifies required formality (written, witnessed, notarized, or included within existing advance directive forms) and who may execute one (competent adult, durable power of attorney for healthcare, etc.).

  • Duty to document and to attempt compliance

    • Requires health care providers and facilities to document the existence of a valid nonopioid directive in the medical record and, when reasonably possible, to honor the directive in treatment and prescribing decisions.

  • Immunity / liability protections

    • Provides civil and possibly criminal immunity for health care providers, emergency responders, or institutions that in good faith follow a valid nonopioid directive.
    • May also provide immunity for providers who decline to administer opioids when honoring a directive, or for providers who reasonably fail to follow a directive under narrowly defined emergency or clinical-exception circumstances (e.g., life-threatening situations where opioids are medically necessary).
    • Likely includes standards such as “good faith,” “reasonable medical judgment,” or compliance with applicable standards of care.

  • Clarifications and limits

    • Anticipated exclusions: immunity probably does not extend to willful or wanton misconduct, gross negligence, or acts outside the scope of professional standards.
    • Interplay with existing law: provisions may clarify that directives do not affect a provider’s duty to deliver emergency care when required by law (e.g., EMTALA-like obligations), or may specify how directives interact with controlled-substance prescribing rules.

Who is affected

  • Patients and individuals who wish to document a preference for nonopioid pain management.
  • Health care providers (physicians, nurses, advanced practice clinicians), emergency medical services, hospitals, and long-term care facilities who will be asked to follow and document directives.
  • Surrogates or agents holding durable power of attorney for health care who may execute directives on behalf of incapacitated persons.
  • Potentially insurers and pharmacy systems (for documentation / prescribing practices).

Procedural history / timeline

  • Introduced and first read: 2025-02-24 (referred to Health Finance and Policy)
  • Authors added: Virnig (2/26), Backer (3/5), Elkins, Bahner, and Perryman (3/11)
  • Committee reports:
    • 2025-03-13: Reported to adopt as amended and re-refer to Judiciary Finance and Civil Law
    • 2025-03-27: Reported to adopt as amended and re-refer to Health Finance and Policy (current status)

Potential impacts and considerations

  • Patient autonomy: Strengthens ability of patients to direct nonopioid pain care.
  • Clinical practice: May require documentation workflows and clinician education on nonopioid pain modalities and on handling directives in urgent situations.
  • Liability climate: Provides protections that may reduce malpractice exposure for honoring patient directives, while balancing exceptions for emergency or medically necessary opioid use.
  • Implementation: Health systems may need standard forms, EMR flags, and policies addressing delegation, revocation, and conflicts between directives and clinical judgment.

For precise legal effects, statutory language, and any dollar or timeline specifics, review the bill text (HF 1379 1st/2nd engrossment) and committee amendment language when available.

Compiled from official sources — confirm details with the bill’s official record.

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