S T A T E   O F   N E W   Y O R K
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                                  8566--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 10, 2017
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on  Alcoholism and Drug Abuse -- recommitted to the Committee on Alco-
   holism and Drug Abuse in accordance with Assembly Rule 3,  sec.  2  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 AN ACT to amend the public health law,  in  relation  to  directing  the
   commissioner of the department of health to promulgate rules and regu-
   lations promoting recovery from opioid abuse and reducing diversion of
   addiction medicines
 
   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
 3309-b to read as follows:
   §  3309-B. PROMOTING RECOVERY FROM OPIOID ABUSE AND REDUCING DIVERSION
 OF ADDICTION MEDICINES. 1. THE COMMISSIONER SHALL, IN CONSULTATION  WITH
 THE  OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, PROMULGATE RULES
 AND REGULATIONS PERTAINING TO INDIVIDUAL PHYSICIANS AND GROUP  PRACTICES
 INCLUDING,  BUT  NOT  LIMITED TO, PHYSICIAN'S OFFICE-BASED OPIOID TREAT-
 MENT, OPIOID TREATMENT PROGRAMS AND ANY OTHER TREATMENT PRACTICES  SERV-
 ING  MORE  THAN FIFTY PATIENTS AT A TIME WHO HAVE A PRIMARY OR SECONDARY
 DIAGNOSIS OF OPIATE MISUSE OR  ADDICTION.  SUCH  RULES  AND  REGULATIONS
 SHALL AT A MINIMUM INCLUDE THE FOLLOWING PROVISIONS:
   (A)  ALL  PATIENTS  SEEKING TREATMENT FOR OPIATE USE DISORDER SHALL BE
 GIVEN AN ORIENTATION INCLUDING FACTUAL INFORMATION AND AN EASILY  UNDER-
 STOOD  EXPLANATION  OF  EACH ADDICTION MEDICATION OPTION APPROVED BY THE
 UNITED STATES FOOD AND DRUG ADMINISTRATION. SUCH EDUCATION MUST BE DOCU-
 MENTED IN THE PATIENT RECORD  ALONG  WITH  DOCUMENTATION  REGARDING  THE
 PATIENT'S CHOICE OF ONE OF THE MEDICATION OPTIONS OR NONE OF THEM.  SUCH
 DOCUMENTATION  SHALL  BE  SIGNED BY THE PATIENT, OR THE COMMISSIONER MAY
 SPECIFY SOME OTHER  FORM  OF  DOCUMENTATION  SHOWING  THAT  THE  MEDICAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13158-03-8
              

 A. 8566--A                          2
 
 PROVIDER  MADE  A GOOD FAITH EFFORT TO OBTAIN SUCH INFORMED CONSENT FROM
 THE PATIENT;
   (B) IF A PATIENT CHOOSES AN ADDICTION MEDICATION NOT AVAILABLE THROUGH
 THE  MEDICAL  PRACTITIONER,  SUCH PRACTITIONER MUST MAKE A REFERRAL TO A
 TREATMENT SETTING WHERE THE PATIENT CAN  ACCESS  HIS  OR  HER  PREFERRED
 MEDICATION OPTION;
   (C)  THE  MEDICAL PROVIDER SHALL UTILIZE THE LEVEL OF CARE FOR ALCOHOL
 AND DRUG TREATMENT REFERRAL WEB APPLICATION PROVIDED BY  THE  OFFICE  OF
 ALCOHOLISM  AND  SUBSTANCE  ABUSE SERVICES OR ANOTHER PATIENT ASSESSMENT
 INSTRUMENT APPROVED BY THE OFFICE  OF  ALCOHOLISM  AND  SUBSTANCE  ABUSE
 SERVICES TO HELP DETERMINE AN APPROPRIATE LEVEL OF PATIENT CARE;
   (D)  IN THE EVENT THAT THE PATIENT USING OPIATES DECLINES TO ENGAGE IN
 TREATMENT THE MEDICAL PROVIDER SHALL PROVIDE SUCH PATIENT WITH  INFORMA-
 TION ABOUT ACCESSIBLE HARM REDUCTION SERVICES;
   (E) TREATMENT COUNSELING SHALL BE PROVIDED TO ALL INDIVIDUALS FOR WHOM
 AN ADDICTION MEDICATION IS PRESCRIBED OR DISPENSED. SUCH TREATMENT COUN-
 SELING  MAY BE PROVIDED BY A QUALIFIED ADDICTION PROFESSIONAL, AS DETER-
 MINED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, EMPLOYED
 BY THE MEDICAL PRACTICE OR THROUGH A CONTRACT WITH AN OFFICE OF ALCOHOL-
 ISM AND SUBSTANCE ABUSE SERVICES CERTIFIED TREATMENT PROGRAM;
   (F) THE MEDICAL PROVIDER SHALL  DEVELOP  A  TREATMENT  PLAN  FOR  EACH
 PATIENT AND SUCH PLAN SHALL BE REVIEWED, AT A MINIMUM, EVERY SIX MONTHS.
 THE  STANDARDS FOR DEVELOPING INDIVIDUAL TREATMENT PLANS SHALL BE DETER-
 MINED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND SHALL
 BE CONSISTENT WITH THE STANDARDS USED IN OTHER OFFICE OF ALCOHOLISM  AND
 SUBSTANCE ABUSE SERVICES LICENSED OUTPATIENT TREATMENT PROGRAMS;
   (G)  THE  MEDICAL  PROVIDER SHALL INFORM PATIENTS ABOUT AVAILABLE PEER
 RECOVERY SUPPORT SERVICES; AND
   (H) WHEN AN ADDICTION MEDICATION IS NOT TAKEN  UNDER  DIRECT  CLINICAL
 SUPERVISION,  THE MEDICAL PROVIDER SHALL UTILIZE DIVERSION CONTROL PRAC-
 TICES TO ENSURE SUCH MEDICATION IS TAKEN AS PRESCRIBED AND NOT DIVERTED.
 SUCH PRACTICES  SHALL  BE  DETERMINED  BY  THE  COMMISSIONER  AND  SHALL
 INCLUDE:
   (I)  LIMITS  ON  THE AMOUNT OF MEDICATION PRESCRIBED AND THE NUMBER OF
 REFILLS GIVEN TO A PATIENT UNTIL SUCH PATIENT HAS ESTABLISHED A  PATTERN
 OF RELIABILITY; AND
   (II) MINIMUM TOXICOLOGY SCREENING STANDARDS.
   2.  FOR  ALL MEDICAL PROVIDERS SUBJECT TO THESE RULES AND REGULATIONS,
 THE COMMISSIONER SHALL ENSURE THAT PROVIDERS ARE MONITORED  FOR  COMPLI-
 ANCE.  SUCH MONITORING SHALL BE DONE DIRECTLY BY THE DEPARTMENT OR BY AN
 INDEPENDENT ORGANIZATION SPECIFIED BY THE COMMISSIONER.
   3. THE COMMISSIONER SHALL ESTABLISH APPROPRIATE PENALTIES FOR  MEDICAL
 PRACTITIONERS WHO FAIL TO COMPLY WITH SUCH RULES AND REGULATIONS PROMUL-
 GATED UNDER SUBDIVISION ONE OF THIS SECTION.
   §  2.  This  act shall take effect January 1, 2019; 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 to be made and completed on or before such
 effective date.