S T A T E O F N E W Y O R K
________________________________________________________________________
5949
2017-2018 Regular Sessions
I N S E N A T E
May 8, 2017
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Introduced by Sen. AKSHAR -- 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 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
S. 5949 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.
