S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8523
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 19, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Higher Education
 
 AN ACT to amend the  public  health  law,  in  relation  to  prescribing
   opioids to a minor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The public health law is amended by adding  a  new  section
 3346 to read as follows:
   § 3346. PRESCRIBING OPIOIDS TO MINORS. 1. AS USED IN THIS SECTION, THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ANOTHER ADULT AUTHORIZED TO CONSENT TO THE MINOR'S MEDICAL TREAT-
 MENT"  MEANS  AN  ADULT  TO  WHOM A MINOR'S PARENT OR GUARDIAN HAS GIVEN
 WRITTEN AUTHORIZATION TO CONSENT TO THE MINOR'S MEDICAL TREATMENT;
   (B) "MEDICAL EMERGENCY" MEANS A SITUATION  THAT  IN  A  PRACTITIONER'S
 GOOD  FAITH MEDICAL JUDGMENT CREATES AN IMMEDIATE THREAT OF SERIOUS RISK
 TO THE LIFE OR PHYSICAL HEALTH OF A MINOR; AND
   (C) "MINOR" MEANS AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE WHO IS NOT
 EMANCIPATED. FOR PURPOSES OF THIS SECTION, AN INDIVIDUAL UNDER  EIGHTEEN
 YEARS  OF  AGE  IS  EMANCIPATED  ONLY IF THE INDIVIDUAL HAS MARRIED, HAS
 ENTERED THE ARMED SERVICES OF THE UNITED STATES, HAS BECOME EMPLOYED AND
 SELF-SUSTAINING, OR OTHERWISE HAS BECOME INDEPENDENT FROM THE  CARE  AND
 CONTROL OF THE INDIVIDUAL'S PARENT, GUARDIAN, OR CUSTODIAN.
   2. (A) A PRACTITIONER SHALL NOT PRESCRIBE TO A MINOR MORE THAN A SEVEN
 DAY SUPPLY OF ANY CONTROLLED SUBSTANCE CONTAINING AN OPIOID.
   (B)  EXCEPT  AS  PROVIDED IN SUBDIVISION THREE OF THIS SECTION, BEFORE
 ISSUING FOR A MINOR THE FIRST PRESCRIPTION IN A SINGLE COURSE OF  TREAT-
 MENT FOR A PARTICULAR COMPOUND THAT IS A CONTROLLED SUBSTANCE CONTAINING
 AN  OPIOID,  REGARDLESS  OF  WHETHER  THE DOSAGE IS MODIFIED DURING THAT
 COURSE OF TREATMENT, A PRACTITIONER SHALL:
   (I) ASSESS WHETHER THE  MINOR  HAS  EVER  SUFFERED,  OR  IS  CURRENTLY
 SUFFERING,  FROM  MENTAL HEALTH OR SUBSTANCE ABUSE DISORDERS AND WHETHER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04258-01-7

 A. 8523                             2
 
 THE MINOR HAS TAKEN OR IS CURRENTLY TAKING PRESCRIPTION DRUGS FOR TREAT-
 MENT OF THOSE DISORDERS;
   (II)  DISCUSS  WITH  THE  MINOR  AND  THE MINOR'S PARENT, GUARDIAN, OR
 ANOTHER ADULT AUTHORIZED TO CONSENT TO THE MINOR'S MEDICAL TREATMENT ALL
 OF THE FOLLOWING:
   (A) THE RISKS OF ADDICTION AND OVERDOSE ASSOCIATED WITH THE CONTROLLED
 SUBSTANCE CONTAINING AN OPIOID;
   (B) THE INCREASED RISK OF ADDICTION TO CONTROLLED SUBSTANCES OF  INDI-
 VIDUALS SUFFERING FROM BOTH MENTAL AND SUBSTANCE ABUSE DISORDERS;
   (C)  THE  DANGERS OF TAKING CONTROLLED SUBSTANCES CONTAINING AN OPIOID
 WITH BENZODIAZEPINES, ALCOHOL, OR OTHER CENTRAL NERVOUS  SYSTEM  DEPRES-
 SANTS; AND
   (D)  ANY  OTHER  INFORMATION  IN  THE  PATIENT  COUNSELING INFORMATION
 SECTION OF THE LABELING FOR CONTROLLED SUBSTANCES CONTAINING  AN  OPIOID
 REQUIRED UNDER 21 C.F.R.  201.57(C)(18); AND
   (III)  OBTAIN  WRITTEN  CONSENT  FOR THE PRESCRIPTION FROM THE MINOR'S
 PARENT, GUARDIAN, OR, SUBJECT  TO  SUBDIVISION  FOUR  OF  THIS  SECTION,
 ANOTHER  ADULT  AUTHORIZED  TO CONSENT TO THE MINOR'S MEDICAL TREATMENT.
 THE PRACTITIONER SHALL RECORD THE CONSENT ON A FORM  PRESCRIBED  BY  THE
 COMMISSIONER.  THE  FORM  SHALL  BE SEPARATE FROM ANY OTHER DOCUMENT THE
 PRACTITIONER  USES  TO  OBTAIN  INFORMED  CONSENT  FOR  OTHER  TREATMENT
 PROVIDED TO THE MINOR. THE FORM SHALL CONTAIN ALL OF THE FOLLOWING:
   (A)  THE  NAME  AND QUANTITY OF THE CONTROLLED SUBSTANCE CONTAINING AN
 OPIOID BEING PRESCRIBED AND THE AMOUNT OF THE INITIAL DOSE;
   (B) A STATEMENT INDICATING THAT A CONTROLLED SUBSTANCE IS  A  DRUG  OR
 OTHER  SUBSTANCE  THAT THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION
 HAS IDENTIFIED AS HAVING A POTENTIAL FOR ABUSE;
   (C) A STATEMENT CERTIFYING THAT THE PRACTITIONER  DISCUSSED  WITH  THE
 MINOR  AND  THE MINOR'S PARENT, GUARDIAN, OR ANOTHER ADULT AUTHORIZED TO
 CONSENT TO THE  MINOR'S  MEDICAL  TREATMENT  THE  MATTERS  DESCRIBED  IN
 SUBPARAGRAPH (II) OF THIS PARAGRAPH;
   (D) THE NUMBER OF REFILLS, IF ANY, AUTHORIZED BY THE PRESCRIPTION; AND
   (E)  THE  SIGNATURE  OF THE MINOR'S PARENT, GUARDIAN, OR ANOTHER ADULT
 AUTHORIZED TO CONSENT TO THE MINOR'S MEDICAL TREATMENT AND THE  DATE  OF
 SIGNING.
   3. THE REQUIREMENTS IN SUBDIVISION TWO OF THIS SECTION DO NOT APPLY IF
 THE  MINOR'S  TREATMENT WITH A CONTROLLED SUBSTANCE CONTAINING AN OPIOID
 MEETS ANY OF THE FOLLOWING CRITERIA:
   (A) THE TREATMENT IS ASSOCIATED WITH OR INCIDENT TO A MEDICAL EMERGEN-
 CY; OR
   (B)  IN  THE  PRACTITIONER'S  PROFESSIONAL  JUDGMENT,  FULFILLING  THE
 REQUIREMENTS  OF  SUBDIVISION  TWO  OF  THIS SECTION WITH RESPECT TO THE
 MINOR'S TREATMENT WOULD BE A DETRIMENT TO THE MINOR'S HEALTH OR SAFETY.
   4. IF THE INDIVIDUAL WHO SIGNS THE CONSENT FORM REQUIRED  BY  SUBDIVI-
 SION  TWO  OF THIS SECTION IS ANOTHER ADULT AUTHORIZED TO CONSENT TO THE
 MINOR'S MEDICAL TREATMENT, THE PRACTITIONER  SHALL  PRESCRIBE  NOT  MORE
 THAN  A SINGLE, SEVENTY-TWO HOUR SUPPLY AND INDICATE ON THE PRESCRIPTION
 THE QUANTITY THAT IS TO BE DISPENSED PURSUANT TO THE PRESCRIPTION.
   5. A SIGNED CONSENT FORM OBTAINED UNDER THIS SECTION  SHALL  BE  MAIN-
 TAINED IN THE MINOR'S MEDICAL RECORD.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law; 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 are  authorized
 and directed to be made and completed on or before such effective date.