NC H738

Establishes patients' right to elect nonopioid prescriptions and treatment through an optional portable opt out form that physicians may issue with patient consent.

Requires the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services to develop an official opioid opt out form by January 1, 2018, containing specified fields including patient name, physician information, nonopioid treatment options, and prominent advisories about revocation rights.

Protects healthcare providers from criminal prosecution, civil liability, or disciplinary action when withholding opioids in good-faith reliance on a valid opt out form or when they lack actual knowledge of the form's existence.

Allows health care facilities to establish policies accepting the portable opt out form as a medical staff order and permits physicians to issue alternative written orders for opioid treatment withholding consistent with acceptable medical practice.

Requires the official form to include a bold statement that "You are not required to sign this form to receive treatment" and must note that opt out form directions may override conflicting instructions in previously executed health care power of attorney documents.