S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7660

                            I N  S E N A T E

                              May 23, 2014
                               ___________

Introduced  by  Sens.  HANNON,  MAZIARZ, BALL, BONACIC, BOYLE, CARLUCCI,
  FELDER, GALLIVAN, GOLDEN, GRIFFO, LANZA, LARKIN,  LITTLE,  MARCELLINO,
  MARCHIONE,  MARTINS,  NOZZOLIO,  O'MARA, RANZENHOFER, RITCHIE, ROBACH,
  SAVINO, SEWARD, VALESKY, YOUNG -- read twice and ordered printed,  and
  when printed to be committed to the Committee on Health

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
with  taking opioids and resources available to those needing assistance

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

S                                                          LBD15377-01-4

S. 7660                             2

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
also shall include recommendations on: [(A)] (I) educational and contin-

S. 7660                             3

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.