S T A T E   O F   N E W   Y O R K
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                                  6336

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 20, 2015
                               ___________

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

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02534-01-5
              

A. 6336                             2

  (I)  "BASELINE  TESTING"  MEANS THE INITIAL PATIENT ASSESSMENT THROUGH
URINE DRUG TESTING TO (1) IDENTIFY THE PRESENCE  OF  ILLICIT  SUBSTANCES
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.