S T A T E   O F   N E W   Y O R K
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                                 1124--A
                                                         Cal. No. 68

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. ROSENTHAL, GOTTFRIED, ORTIZ, KELLNER, HOOPER --
  Multi-Sponsored by -- M. of A. CLARK, DINOWITZ, PERRY, RIVERA --  read
  once  and  referred  to the Committee on Health -- advanced to a third
  reading, amended and ordered reprinted, retaining  its  place  on  the
  order of third reading

AN  ACT  to amend the public health law, in relation to the prescription
  pain medication awareness program and providing for the repeal of such
  provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  3309-a  of  the  public  health law, as added by
section 52 of part D of chapter 56 of the laws  of  2012,  subparagraphs
(i),  (ii)  and  (iii)  of paragraph (b) of subdivision 2 as amended and
subparagraph (iv) of paragraph (b) of subdivision 2 as added by  section
1  and subdivisions 3 and 4 as amended by section 2 of part D of chapter
447 of the laws of 2012, is amended to read as follows:
  S 3309-a. Prescription pain medication awareness program. 1. There  is
hereby  established within the department a prescription pain medication
awareness program to educate the public and  health  care  practitioners
about  the  risks  associated  with  prescribing  and  taking controlled
substance pain medications.
  2. Within the amounts appropriated, the commissioner, in  consultation
with  the  commissioner  of the office of alcoholism and substance abuse
services, shall[:
  (a) Develop] DEVELOP and  conduct  a  public  health  education  media
campaign  designed  to  alert  youth, parents and the general population
about the risks associated with prescription pain  medications  and  the
need  to  properly  dispose of any unused medication. In developing this
campaign, the  commissioner  shall  consult  with  and  use  information
provided  by  the  work  group established pursuant to subdivision [(b)]
FOUR of this section and other relevant professional organizations.  The
campaign  shall  include  an  internet website providing information for
              

parents, children and health care professionals on the risks  associated

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05030-03-4

A. 1124--A                          2

with  taking opioids and resources available to those needing assistance
with prescription pain medication addiction.  Such  website  shall  also
provide  information regarding where individuals may properly dispose of
controlled  substances  in  their  community and include active links to
further information and resources. The campaign  shall  begin  no  later
than September first, two thousand twelve.
  3.  THE  COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF EDUCA-
TION, SHALL ESTABLISH STANDARDS, AND REVIEW AND  IMPLEMENT  REQUIREMENTS
FOR  THE PERFORMANCE OF CONTINUING MEDICAL EDUCATION ON PAIN MANAGEMENT,
PALLIATIVE CARE AND ADDICTION.  EVERY HEALTH CARE PROFESSIONAL LICENSED,
REGISTERED OR CERTIFIED UNDER TITLE EIGHT OF THE EDUCATION LAW TO  TREAT
HUMANS AND REGISTERED UNDER THE FEDERAL CONTROLLED SUBSTANCES ACT AND IN
POSSESSION  OF  A REGISTRATION NUMBER FROM THE DRUG ENFORCEMENT ADMINIS-
TRATION, UNITED STATES DEPARTMENT OF JUSTICE, OR ITS  SUCCESSOR  AGENCY,
SHALL, EVERY TWO YEARS, COMPLETE THREE HOURS OF COURSE WORK AS SET FORTH
IN  THIS  SECTION; PROVIDED, HOWEVER, THAT SAID HOURS SHALL BE DEEMED TO
COUNT TOWARD THE PROFESSIONAL'S OBLIGATION FOR BOARD CERTIFICATION.
  (A) EXISTING CURRICULA, INCLUDING CURRICULA DEVELOPED BY A  NATIONALLY
RECOGNIZED HEALTH CARE PROFESSIONAL, SPECIALTY, OR PROVIDER ASSOCIATION,
OR  NATIONALLY RECOGNIZED PAIN MANAGEMENT ASSOCIATION, MAY BE CONSIDERED
IN IMPLEMENTING THIS SECTION.
  (B) CURRICULA SHALL INCLUDE, BUT NOT BE LIMITED TO:  I-STOP  AND  DRUG
ENFORCEMENT   ADMINISTRATION  REQUIREMENTS  FOR  PRESCRIBING  CONTROLLED
SUBSTANCES; PAIN MANAGEMENT;  APPROPRIATE  PRESCRIBING;  MANAGING  ACUTE
PAIN; PALLIATIVE MEDICINE; PREVENTION, SCREENING AND SIGNS OF ADDICTION;
RESPONSES TO ABUSE AND ADDICTION; AND END OF LIFE CARE.
  (C)  THE COMMISSIONER SHALL PROVIDE AN EXEMPTION FROM THIS REQUIREMENT
TO ANYONE WHO REQUESTS SUCH AN EXEMPTION AND  WHO  DEMONSTRATES  TO  THE
COMMISSIONER'S SATISFACTION THAT:
  (I) THERE WOULD BE NO NEED FOR HIM OR HER TO COMPLETE SUCH COURSE WORK
OR TRAINING BECAUSE OF THE NATURE, AREA OR SPECIALTY OF HIS OR HER PRAC-
TICE; OR
  (II)  HE  OR  SHE  HAS COMPLETED COURSE WORK OR TRAINING DEEMED BY THE
COMMISSIONER TO BE EQUIVALENT TO THE STANDARDS FOR COURSE WORK OR TRAIN-
ING APPROVED UNDER THIS SECTION.
  (D) THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF  EDUCA-
TION  AND  STAKEHOLDERS  SHALL  REPORT TO THE TEMPORARY PRESIDENT OF THE
SENATE, THE SPEAKER OF THE ASSEMBLY AND THE CHAIRS  OF  THE  HEALTH  AND
HIGHER  EDUCATION  COMMITTEES NO LATER THAN THREE YEARS AFTER THE EFFEC-
TIVE DATE OF THIS SUBDIVISION ON THE SUCCESS AND IMPACT OF THIS  SECTION
AND ANY RECOMMENDATIONS.
  [(b)]  4.  Establish a work group, no later than June first, two thou-
sand twelve, which shall be composed of experts in the fields of pallia-
tive and chronic care pain management and addiction medicine. Members of
the work group shall receive no compensation  for  their  services,  but
shall  be  allowed  actual  and necessary expenses in the performance of
their duties pursuant to this section. The work group shall:
  [(i)] (A) Report to the  commissioner  regarding  the  development  of
recommendations  and  model  courses  for  continuing medical education,
refresher courses and other training materials for licensed health  care
professionals  on  appropriate use of prescription pain medication. Such
recommendations, model courses and other  training  materials  shall  be
submitted to the commissioner, who shall make such information available
for  the  use  in  medical  education,  residency  programs,  fellowship
programs, and for use in continuing  medication  education  programs  no
later  than  January  first, two thousand thirteen. Such recommendations

A. 1124--A                          3

also shall include recommendations on: [(A)] (I) educational and contin-
uing medical education requirements  for  practitioners  appropriate  to
address prescription pain medication awareness among health care profes-
sionals;  [(B)]  (II)  continuing education requirements for pharmacists
related to prescription  pain  medication  awareness;  and  [(C)]  (III)
continuing  education  in  palliative care as it relates to pain manage-
ment, for which purpose the work group shall consult the New York  state
palliative care education and training council;
  [(ii)] (B) No later than January first, two thousand thirteen, provide
outreach  and  assistance  to  health care professional organizations to
encourage and facilitate continuing medical education training  programs
for  their  members  regarding appropriate prescribing practices for the
best patient care and the  risks  associated  with  overprescribing  and
underprescribing pain medication;
  [(iii)]  (C)  Provide  information  to the commissioner for use in the
development and continued  update  of  the  public  awareness  campaign,
including  information,  resources,  and active web links that should be
included on the website; and
  [(iv)] (D) Consider other issues deemed relevant by the  commissioner,
including  how  to  protect  and  promote  the access of patients with a
legitimate need  for  controlled  substances,  particularly  medications
needed  for pain management by oncology patients, and whether and how to
encourage or require the use or substitution of opioid drugs that employ
tamper-resistance technology as  a  mechanism  for  reducing  abuse  and
diversion of opioid drugs.
  [3.] 5. On or before September first, two thousand twelve, the commis-
sioner,  in consultation with the commissioner of the office of alcohol-
ism and substance abuse services, the commissioner of education, and the
executive secretary of the state board of pharmacy,  shall  add  to  the
workgroup  such  additional members as appropriate so that the workgroup
may provide guidance in furtherance of the implementation of the  I-STOP
act.  For  such purposes, the workgroup shall include but not be limited
to  consumer  advisory  organizations,  health  care  practitioners  and
providers,  oncologists,  addiction  treatment  providers, practitioners
with experience in pain  management,  pharmacists  and  pharmacies,  and
representatives of law enforcement agencies.
  [4.]  6.  The commissioner shall report to the governor, the temporary
president of the senate and the speaker of the assembly  no  later  than
March first, two thousand thirteen, and annually thereafter, on the work
group's  findings.  The report shall include information on opioid over-
dose deaths, emergency room utilization  for  the  treatment  of  opioid
overdose,  the utilization of pre-hospital addiction services and recom-
mendations to reduce opioid addiction and the consequences thereof.  The
report shall also include a recommendation as to whether subdivision two
of section thirty-three hundred forty-three-a of this article should  be
amended to require practitioners prescribing or dispensing certain iden-
tified  schedule V controlled substances to comply with the consultation
requirements of such subdivision.
  S 2. This act shall take effect one year after it shall have become  a
law  and  shall  expire  and be deemed repealed 4 years after such date.
Provided, however, that effective immediately, the  addition,  amendment
and/or repeal of any rule or regulation necessary for the implementation
of  this act on its effective date is authorized and directed to be made
and completed on or before such effective date.