Sens. Joe Manchin and Shelley Moore Capito Wednesday introduced “Jessie’s Law,” legislation that will help ensure medical professionals have full knowledge of a patient’s previous opioid addiction when consent is given.
The law is named for Jessie Grubb, who battled addiction for seven years. After becoming sober, she focused on making a life for herself in Michigan.
As she was training for a marathon, she suffered a running-related injury which required surgery. Her parents, David and Kate Grubb, traveled to Michigan for her surgery and told doctors and hospital personnel she was a recovering addict.
But after her surgery, the discharging doctor sent Jessie home with a prescription for 50 oxycodone pills. She died the following day.
“I’m hoping Jessie’s life can have meaning,” David Grubb shared during a press conference Wednesday. “I hope this legislation can save lives in the future.”
Manchin. D-W.Va., and Capito, R- W.Va. said they hope this legislation will help enable physicians to consider the patient’s addiction when determining appropriate medical care.
Although the two senators both represent West Virginia, their co-introduction of the bill means that it also is a bipartisan effort.
“(Jessie’s) death was 100 percent preventable and she should still be with us today,” Manchin said. “But with grief comes hope. As we grieve for Jessie and her family, let us pray that we can use this tragedy to help save others... Let us pass Jessie’s Law so her legacy stands long after us.”
If the bill is passed, within one year, the Secretary of Health and Human Services must develop and disseminate standards to provide information to hospitals and physicians relating to prominently displaying the history of opioid addiction in the medical records of patients if the patients have consented to having such information included.
The bill states that past opioid addiction should be displayed in a patient’s record in a similar manner to “other potentially lethal medical concerns,” such as drug allergies. Parents, legal guardians and the patient’s spouse may also provide this information to healthcare providers if the bill is passed.
Manchin and Capito said they hope to see the bill enacted by the end of the year.
Grubb said he understands privacy issues, but he hopes some hospitals will move forward with changing their policies even before the law passes.
Manchin said this is just one step toward fighting the addiction epidemic in West Virginia and nationwide. He said people suffering from addiction cannot be treated like criminals, physicians must heed CDC prescribing guidelines and the culture of the FDA must change.
Capito added, “West Virginia has lost too many daughters, sons, friends and neighbors to the terrible scourge of addiction. That’s why I am joining with Senator Manchin to introduce Jessie’s Law in the hopes that Jessie’s story can help save lives and make a difference as we continue our fight against this drug epidemic.”