NY State Senate Bill 2017-S6815A

Senate Bill S6815A

2017-2018 Legislative Session

Relates to directing the commissioner to promulgate rules and regulations to reduce the diversion of addiction medications

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health 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
Jan 18, 2018	print number 6815a
Jan 18, 2018	amend and recommit to health
Jan 03, 2018	referred to health
Jun 20, 2017	referred to rules

Bill Amendments

Original

A (Active)

2017-S6815 - Details

See Assembly Version of this Bill:: A8566
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §3309-b, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3317
2021-2022: S6183
2023-2024: S4757

2017-S6815 - Summary

Relates to directing the commissioner of the department of health to promulgate rules and regulations promoting recovery from opioid abuse and reducing diversion of addiction medicines.

2017-S6815 - Sponsor Memo

                                
 
BILL NUMBER: S6815      Revised 9/27/17

SPONSOR: LANZA
 
TITLE OF BILL:  An act to amend the public health law, in relation to
directing the commissioner of the department of health to promulgate
rules and regulations promoting recovery from opioid abuse and reducing
diversion of addiction medicines

 
PURPOSE OR GENERAL IDEA OF BILL:

Directs the New York State Health Commissioner to promulgate rules and
regulation to reduce the diversion of addiction medications.

 
SUMMARY OF PROVISIONS:

Section 1. This section amends the Public Health law by adding a new
section, 3309-b to promote recovery from opioid abuse and reduce the
diversion of addiction medicines.

Section 2. This section provides the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

 
JUSTIFICATION:

The opioid epidemic has created the need to expand the availability of
treatment for persons with substance use disorders. The Comprehensive
Addiction Recovery Act enacted by Congress in 2016 includes a provision
that permits individual and group medical practices to increase the
number of patients they can treat with Buprenorphine products to 275 to
address opioid addiction. With this expansion of treatment, it is imper-
ative to implement quality standards that assure evidence-based clinical
practice and proper safeguards to reduce diversion and risk for relapse.

This legislation aims to establish clinical standards for these medial
practices that include evidence-based treatment protocols recommended by
the New York State Office of Alcoholism and Substance Abuse Services.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect January 1, 2018; 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 effec-
tive date are authorized to be made and completed on or before such
effective date.

2017-S6815 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6815
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 20, 2017
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13158-01-7

 S. 6815                             2
 
 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, 2018; 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.

2017-S6815A (ACTIVE) - Details

See Assembly Version of this Bill:: A8566
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §3309-b, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3317
2021-2022: S6183
2023-2024: S4757

2017-S6815A (ACTIVE) - Summary

Relates to directing the commissioner of the department of health to promulgate rules and regulations promoting recovery from opioid abuse and reducing diversion of addiction medicines.

2017-S6815A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6815A              Revised 1/18/18

SPONSOR: LANZA
 
TITLE OF BILL:  An act to amend the public health law, in relation to
directing the commissioner of the department of health to promulgate
rules and regulations promoting recovery from opioid abuse and reducing
diversion of addiction medicines

 
PURPOSE OR GENERAL IDEA OF BILL:

Directs the New York State Health Commissioner to promulgate rules and
regulation to reduce the diversion of addiction medications.

 
SUMMARY OF PROVISIONS:

Section 1. This section amends the Public Health law by adding a new
section, 3309-b to promote recovery from opioid abuse and reduce the
diversion of addiction medicines.

Section 2. This section provides the effective date.  DIFFERENCE BETWEEN
ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

 
JUSTIFICATION:

The opioid epidemic has created the need to expand the availability of
treatment for persons with substance use disorders. The Comprehensive
Addiction Recovery Act enacted by Congress in 2016 includes a provision
that permits individual and group medical practices to increase the
number of patients they can treat with Buprenorphine products to 275 to
address opioid addiction. With this expansion of treatment, it is imper-
ative to implement quality standards that assure evidence-based clinical
practice and proper safeguards to reduce diversion and risk for relapse.

This legislation aims to establish clinical standards for these medial
practices that include evidence-based treatment protocols recommended by
the New York State Office of Alcoholism and Substance Abuse Services.

 
PRIOR LEGISLATIVE HISTORY:

2017: S.6815 - Referred to Rules / A.8566 - Referred to Alcoholism &
Drug Abuse

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
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 effec-
tive date are authorized to be made and completed on or before such
effective date.

2017-S6815A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6815--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 20, 2017
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
   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.
                                                            LBD13158-02-8

 S. 6815--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.

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