Senate Bill S332

2019-2020 Legislative Session

Relates to prescribing opioids to a minor

download bill text pdf

Sponsored By

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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2019-S332 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §3346, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7337
2017-2018: S5949
2021-2022: S1914
2023-2024: S4482

2019-S332 (ACTIVE) - Summary

Relates to prescribing opioids to a minor; prohibits practitioners from prescribing to a minor more than a seven day supply of any controlled substance containing an opioid and requires practitioners to obtain written parental consent before issuing a first prescription of a controlled substance containing an opioid to a minor; establishes exceptions.

2019-S332 (ACTIVE) - Sponsor Memo

2019-S332 (ACTIVE) - Bill Text download pdf

                            
 
                     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-
              

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