NY State Senate Bill 2015-S7946

Senate Bill S7946

2015-2016 Legislative Session

Requires hospital and emergency room physicians to notify a patient's prescriber that such patient is being treated for a controlled substance overdose

download bill text pdf

Archive: Last Bill Status - In Assembly 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	referred to health delivered to assembly passed senate ordered to third reading cal.1978 committee discharged and committed to rules
May 27, 2016	referred to health

Votes

- Jun 17, 2016 - Floor Vote
  S7946
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2016
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (1)
      
      Diaz
  Jun 17, 2016 - Rules Committee Vote
  S7946
  
  25
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 17, 2016
      
      aye (25)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky

2015-S7946 (ACTIVE) - Details

See Assembly Version of this Bill:: A10229
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Amd §§3371 & 3343-a, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S2639, A1043
2019-2020: S3271
2021-2022: S6168
2023-2024: S4758

2015-S7946 (ACTIVE) - Summary

Requires hospital and emergency room physicians to consult the prescription monitoring program registry and to notify a patient's prescriber that such patient is being treated for a controlled substance overdose.

2015-S7946 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7946

 TITLE OF BILL :

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

 PURPOSE OR GENERAL IDEA OF BILL :

Requires hospital and emergency room physicians to notify a patient's
prescriber that such patient is being treated for a controlled
substance over dose.

 SUMMARY OF SPECIFIC PROVISIONS :

Sections 1 through 3 of the bill amends Public Health Law Section 3371
to extend provisions relating to the confidentiality of certain health
records to the conveyance of information relating to the treatment of
a patient for a controlled substance overdose.

Section 4 of the bill amends the opening paragraph of subdivision 2 of
Public Health Law Section 3343-a by adding a requirement that every
emergency room or hospital practitioner must consult the prescription
monitoring program registry when treating a patient for a controlled

substance overdose and also must notify the patients prescriber of the
controlled substance of the patients overdose.

Section 5 of the bill is the effective date.

 JUSTIFICATION :

In the past several years, New York State has recognized that the
rampant abuse and diversion of opioids has necessitated the
implementation of various anti-abuse policies. It is clear that these
policies need to be approached comprehensively by government, law
enforcement and health care providers.

Since 2013, New York State has required that prescribers are required
to consult the Prescription Monitoring Program (PMP) Registry when
prescribing Schedule II, Ill, and IV controlled substances. The
information provided by this registry allows prescribers/practitioners
to better evaluate their patients' treatment with controlled
substances and determine whether there may be abuse of non-medical
use.

This bill is a necessary and common sense extension of the purposes
and requirements of (STOP and the prescription monitoring registry to
insure that vital medical information is shared among health care
practitioners. The bill mandates that an emergency room or hospital
practitioner take two steps in treating a patient with an opioid
overdose: consult the prescription monitoring registry and notify the
patient's prescriber of the patient's treatment for an overdose. Such
notification provides the prescriber with information vital to the
proper medical treatment of the patient. Without such notification of
the overdose, it is very possible that the prescriber/practitioner
would not know that the patient had suffered an overdose of the
opioid.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
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 when upon
such date the provisions of section three of this act shall take
effect.

2015-S7946 (ACTIVE) - Bill Text download pdf

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

                                  7946

                            I N  S E N A T E

                              May 27, 2016
                               ___________

Introduced  by  Sen.  LANZA  -- 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 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

S. 7946                             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.

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