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

                                  10229

                          I N  A S S E M B L Y

                              May 17, 2016
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Health

AN ACT to amend the public health law, in relation to requiring hospital
  and  emergency  room  physicians to notify a patient's prescriber that
  such patient is being treated for a controlled substance overdose

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

  Section  1. Paragraphs (i) and (j) of subdivision 1 of section 3371 of
the public health law, as added by section 4 of part A of chapter 447 of
the laws of 2012, are amended to read as follows:
  (i) to a medical examiner or coroner who is an officer of or  employed
by  a state or local government, pursuant to his or her official duties;
[and]
  (j) to an individual for the purpose of providing such individual with
his or her own controlled substance history or, in  appropriate  circum-
stances, in the case of a patient who lacks capacity to make health care
decisions,  a  person who has legal authority to make such decisions for
the patient and who would have legal access to the patient's health care
records, if requested from the department pursuant to subdivision six of
section thirty-three hundred forty-three-a of this  article  or  from  a
treating  practitioner pursuant to subparagraph (iv) of paragraph (a) of
subdivision two of this section; AND
  (K) TO A PRACTITIONER TO INFORM HIM OR HER THAT  A  PATIENT  IS  UNDER
TREATMENT  FOR  A CONTROLLED SUBSTANCE OVERDOSE BY HOSPITAL OR EMERGENCY
ROOM PRACTITIONER FOR THE PURPOSES OF SUBDIVISION TWO OF THIS SECTION.
  S 2. Paragraph (a) of subdivision 2 of  section  3371  of  the  public
health  law, as amended by chapter 90 of the laws of 2014, is amended to
read as follows:
  (a) a practitioner, or a  designee  authorized  by  such  practitioner
pursuant  to  paragraph  (b)  of subdivision two of section thirty-three
hundred forty-three-a or section thirty-three hundred sixty-one of  this
article,  for  the  purposes  of:  (i) informing the practitioner that a
patient may be under treatment with a controlled  substance  by  another
practitioner  OR  THAT  A  PATIENT  IS  UNDER TREATMENT FOR A CONTROLLED

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

                                                           LBD15121-02-6

A. 10229                            2

SUBSTANCE OVERDOSE; (ii) providing the practitioner  with  notifications
of  controlled  substance activity as deemed relevant by the department,
including but not limited to a notification made available on a  monthly
or  other  periodic  basis through the registry of controlled substances
activity pertaining to his or her patient; (iii)  allowing  the  practi-
tioner,  through  consultation  of  the  prescription monitoring program
registry, to review his or her patient's controlled  substances  history
as  required  by  section  thirty-three hundred forty-three-a or section
thirty-three hundred sixty-one of this article; and  (iv)  providing  to
his  or  her  patient, or person authorized pursuant to paragraph (j) of
subdivision one of this section, upon request, a copy of such  patient's
controlled substance history as is available to the practitioner through
the prescription monitoring program registry; or
  S  3.  Paragraph  (a)  of  subdivision 2 of section 3371 of the public
health law, as added by section 5 of part A of chapter 447 of  the  laws
of 2012, is amended to read as follows:
  (a)  a  practitioner,  or  a  designee authorized by such practitioner
pursuant to paragraph (b) of subdivision  two  of  section  thirty-three
hundred  forty-three-a of this article, for the purposes of: (i) inform-
ing the practitioner that a  patient  may  be  under  treatment  with  a
controlled  substance by another practitioner OR THAT A PATIENT IS UNDER
TREATMENT FOR A CONTROLLED SUBSTANCE OVERDOSE; (ii) providing the  prac-
titioner  with  notifications of controlled substance activity as deemed
relevant by the department, including but not limited to a  notification
made available on a monthly or other periodic basis through the registry
of  controlled  substances  activity  pertaining  to his or her patient;
(iii)  allowing  the   practitioner,   through   consultation   of   the
prescription monitoring program registry, to review his or her patient's
controlled  substances  history  as  required  by  section  thirty-three
hundred forty-three-a of this article; and (iv) providing to his or  her
patient,  or  person authorized pursuant to paragraph (j) of subdivision
one of this section, upon request, a copy of such  patient's  controlled
substance  history  as  is  available  to  the  practitioner through the
prescription monitoring program registry; or
  S 4. The opening paragraph  of  paragraph  (a)  of  subdivision  2  of
section 3343-a of the public health law, as added by section 2 of part A
of chapter 447 of the laws of 2012, is amended to read as follows:
  Every  practitioner  shall consult the prescription monitoring program
registry prior to prescribing or  dispensing  any  controlled  substance
listed  on schedule II, III or IV of section thirty-three hundred six of
this article, for  the  purpose  of  reviewing  a  patient's  controlled
substance history as set forth in such registry AND EVERY EMERGENCY ROOM
OR  HOSPITAL  PRACTITIONER  SHALL  CONSULT  THE  PRESCRIPTION MONITORING
PROGRAM REGISTRY WHEN TREATING A  PATIENT  FOR  A  CONTROLLED  SUBSTANCE
OVERDOSE  AND  SHALL  NOTIFY  THE PATIENT'S PRESCRIBER OF SUCH OVERDOSE;
provided, however, that  nothing  in  this  section  shall  preclude  an
authorized  practitioner, other than a veterinarian, from consulting the
registry at his or her option prior to  prescribing  or  dispensing  any
controlled  substance.  The duty to consult the registry shall not apply
to:
  S 5. This act shall take effect immediately; provided,  however,  that
the  amendments to paragraph (a) of subdivision 2 of section 3371 of the
public health law as amended by section two of this act shall be subject
to the expiration and reversion of such subdivision pursuant to  section
12  of  chapter  90 of the laws of 2014, as amended, when upon such date
the provisions of section three of this act shall take effect.