S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    332
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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
 THE MINOR HAS TAKEN OR IS CURRENTLY TAKING PRESCRIPTION DRUGS FOR TREAT-
              

 MENT OF THOSE DISORDERS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04786-01-9

 S. 332                              2

   (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.    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.