NY State Senate Bill 2013-S7918

Senate Bill S7918

2013-2014 Legislative Session

Requires baseline and periodic and/or targeting drug testing to be utilized by clinicians prescribing prescription narcotic drugs

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 18, 2014	referred to rules

2013-S7918 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §3331, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S609
2017-2018: S606

2013-S7918 (ACTIVE) - Summary

Requires baseline and periodic and/or targeting drug testing to be utilized by clinicians prescribing prescription narcotic drugs.

2013-S7918 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7918

TITLE OF BILL:  An act to amend the public health law, in relation to
requiring baseline and periodic and/or targeting drug testing to be
utilized by clinicians prescribing prescription narcotic drugs

PURPOSE OR GENERAL IDEA OF BILL: This bill will require prescribers of
narcotic drugs to perform baseline and periodic and/or targeted
testing.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Adds a new subdivision 8 to Section 3331 of the Public
Health Law. Requires baseline testing for clinicians prescribing
prescription narcotic drugs and periodic and/or targeted testing.
Testing must occur before the dispensing of the initial prescription.
The clinician shall not issue more than a 4 day supply without first
obtaining testing results. Testing shall be conducted at least twice a
year. Requires DOH to ensure that drug testing methods are subject to
reimbursement.

Section 2. Effective Date.

JUSTIFICATION:  The purpose of this testing is to ensure that
individuals are taking the prescribed pills as directed, in the doses
prescribed, with no other illicit substances. Due to the highly

addictive nature of these narcotics, prescribers should be able to
conduct testing ensuring compliance with their prescribing practices.
Drug testing is a reliable, effective method for determining patient
adherence to treatment plans. This method is more accurate than
self-reporting and will help reduce on doctor shopping and increase
detection of individuals abusing these substances. Confirmatory or
quantitative testing methods allow for doctors to identify the
specific drug, rather than just the drug class - a vitally important
feature. Such testing is also less likely to produce a false positive
or negative.  For example, an individual who is prescribed
buprenorphine but is actually taking oxycodone may show positive for
the opiate class in testing.

Typically, urine drug testing requires a initial test and if the
results are positive, an additional, more conclusive test is taken.
This model of testing is, in the long run, more expensive and less
accurate. This bill will provide for more comprehensive initial
testing when an individual is prescribed an addictive, narcotic drug.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Minimal to None.

EFFECTIVE DATE: The sixtieth day after it shall become law.

2013-S7918 (ACTIVE) - Bill Text download pdf

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

                                  7918

                            I N  S E N A T E

                              June 18, 2014
                               ___________

Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the public health law, in relation to requiring baseline
  and periodic and/or targeting drug testing to be  utilized  by  clini-
  cians prescribing prescription narcotic drugs

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

  Section 1. Section 3331 of the public health law is amended by  adding
a new subdivision 8 to read as follows:
  8.  (A)  BASELINE  AND PERIODIC AND/OR TARGETING DRUG TESTING SHALL BE
UTILIZED BY  CLINICIANS  PRESCRIBING  PRESCRIPTION  NARCOTIC  DRUGS,  AS
DEFINED   BY  SUBDIVISIONS  (B)  AND  (C)  OF  SCHEDULE  II  OF  SECTION
THIRTY-THREE HUNDRED SIX OF THIS ARTICLE, TO ESTABLISH A GENERAL ASSESS-
MENT FOR NEW PATIENTS AND IN MONITORING ADHERENCE  TO  EXISTING  PATIENT
TREATMENT PLANS, AS WELL AS DETECTING THE USE OF NON-PRESCRIBED DRUGS.
  (B) (I) TESTING SHALL BE REQUIRED PRIOR TO THE ISSUANCE OF THE INITIAL
PRESCRIPTION  AND  SHALL  INCLUDE  CONFIRMATORY OR QUANTITATIVE METHODS,
SUCH AS BUT NOT LIMITED TO LIQUID  CHROMATOGRAPHY  -  MASS  SPECTROMETRY
TECHNOLOGY.
  (II)  A  CLINICIAN SHALL NOT ISSUE IN EXCESS OF A FOUR-DAY SUPPLY OF A
PRESCRIPTION NARCOTIC DRUG WITHOUT FIRST OBTAINING CONFIRMATORY OR QUAN-
TITATIVE TESTING RESULTS PRIOR TO AN INITIAL PRESCRIPTION BEING ISSUED.
  (C) SUCH TESTING, AT A MINIMUM, SHALL OCCUR TWICE ANNUALLY.   PATIENTS
BEING  TREATED  FOR ADDICTION SHALL BE TESTED AS FREQUENTLY AS NECESSARY
TO ENSURE THERAPEUTIC ADHERENCE.
  (D) THE DEPARTMENT IS DIRECTED TO ENSURE THAT CONFIRMATORY AND QUANTI-
TATIVE  CHROMATOGRAPHIC  DRUG  TESTING  METHODOLOGIES  ARE  SUBJECT   TO
REIMBURSEMENT  FOR  CLINICAL  HEALTH  CARE PROVIDERS, INCLUDING CLINICAL
LABORATORIES.
  (E) FOR THE PURPOSES OF THIS SUBDIVISION,  THE  FOLLOWING  DEFINITIONS
SHALL APPLY:
  (I)  "BASELINE  TESTING"  MEANS THE INITIAL PATIENT ASSESSMENT THROUGH
URINE DRUG TESTING TO (1) IDENTIFY THE PRESENCE  OF  ILLICIT  SUBSTANCES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15446-02-4

S. 7918                             2

PRIOR  TO  PRESCRIBING  THE  CONTROLLED  MEDICATIONS, OR (2) CONFIRM THE
PRESENCE OR ABSENCE OF A PRESCRIBED DRUG OR DRUG CLASS.
  (II)  "PERIODIC  TESTING"  MEANS  RANDOM URINE DRUG TESTING, AT RANDOM
VISITS WITH A RANDOM SELECTION OF DRUGS TO BE TESTED. THE  FREQUENCY  OF
PERIODIC  TESTING  SHALL  BE  BASED  ON MEDICAL NECESSITY AND A COMPLETE
CLINICAL ASSESSMENT OF THE INDIVIDUAL PATIENT'S RISK POTENTIAL FOR ABUSE
AND DIVERSION.
  (III) "TARGETED TESTING" MEANS A TEST ORDERED AT THE DISCRETION  OF  A
CLINICIAN,  BASED  ON  OBSERVATION  OF  THE  PATIENT AND RELATED CIRCUM-
STANCES, THAT ENHANCE CLINICAL DECISION MAKING.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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