S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3405
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to  requiring  health
   practitioners  to  discuss  with  patients  the  risks associated with
   certain pain medications before prescribing such medications;  and  in
   relation to opioid analgesic prescriptions

   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. PRACTITIONER AND PATIENT DISCUSSIONS; OPIOID PRESCRIPTIONS.
 1. PRIOR TO ISSUING THE INITIAL PRESCRIPTION OF A SCHEDULE II CONTROLLED
 SUBSTANCE FOR THE TREATMENT OF PAIN OR ANY OTHER OPIOID DRUG WHICH IS  A
 PRESCRIPTION  DRUG  FOR ACUTE OR CHRONIC PAIN AND AGAIN PRIOR TO ISSUING
 THE THIRD PRESCRIPTION OF THE COURSE OF TREATMENT, A PRACTITIONER  SHALL
 DISCUSS  WITH  THE  PATIENT,  OR THE PATIENT'S PARENT OR GUARDIAN IF THE
 PATIENT IS UNDER EIGHTEEN YEARS OF AGE AND IS NOT AN EMANCIPATED  MINOR,
 THE  RISKS ASSOCIATED WITH THE DRUGS BEING PRESCRIBED, INCLUDING BUT NOT
 LIMITED TO:
   (A) THE RISKS OF ADDICTION AND OVERDOSE ASSOCIATED WITH  OPIOID  DRUGS
 AND THE DANGERS OF TAKING OPIOID DRUGS WITH ALCOHOL, BENZODIAZEPINES AND
 OTHER CENTRAL NERVOUS SYSTEM DEPRESSANTS;
   (B) THE REASONS WHY THE PRESCRIPTION IS NECESSARY;
   (C) ALTERNATIVE TREATMENTS THAT MAY BE AVAILABLE; AND
   (D)  THE  RISKS ASSOCIATED WITH THE USE OF THE DRUGS BEING PRESCRIBED,
 SPECIFICALLY THAT OPIOIDS ARE  HIGHLY  ADDICTIVE,  EVEN  WHEN  TAKEN  AS
 PRESCRIBED,  THAT THERE IS A RISK OF DEVELOPING A PHYSICAL OR PSYCHOLOG-
 ICAL DEPENDENCE ON THE CONTROLLED  SUBSTANCE,  AND  THAT  THE  RISKS  OF
 TAKING  MORE  OPIOIDS  THAN PRESCRIBED, OR MIXING SEDATIVES, BENZODIAZE-
 PINES  OR  ALCOHOL  WITH  OPIOIDS,  CAN  RESULT  IN  FATAL   RESPIRATORY
 DEPRESSION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00932-01-1

 A. 3405                             2
 
   2.  THE  DEPARTMENT  SHALL DEVELOP AND MAKE AVAILABLE TO PRACTITIONERS
 GUIDELINES FOR THE DISCUSSION REQUIRED BY THIS SECTION.
   §  2.  The public health law is amended by adding a new section 3309-c
 to read as follows:
   § 3309-C. OPIOID ANALGESIC PRESCRIPTION. 1. FOR THE FIRST OPIOID ANAL-
 GESIC PRESCRIPTION OF A CALENDAR YEAR THAT IS GREATER THAN A ONE  WEEK'S
 SUPPLY, THE PRESCRIBING PHYSICIAN SHALL COUNSEL THE PATIENT ON THE RISKS
 OF  OVERDOSE,  AND  INFORM  THE PATIENT OF THE AVAILABILITY OF AN OPIOID
 ANTAGONIST, INCLUDING, BUT NOT LIMITED TO, NALOXONE.
   2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A)  "OPIOID  ANALGESICS" MEANS THE MEDICINES BUPRENORPHINE, BUTORPHA-
 NOL,  CODEINE,  HYDROCODONE,  HYDROMORPHONE,  LEVORPHANOL,   MEPERIDINE,
 METHADONE,  MORPHINE,  NALBUPHINE,  OXYCODONE, OXYMORPHONE, PENTAZOCINE,
 PROPOXYPHENE AS WELL AS THEIR BRAND NAMES, ISOMERS AND COMBINATIONS.
   (B) "OPIOID ANTAGONIST" MEANS AN FDA-APPROVED DRUG THAT, WHEN ADMINIS-
 TERED, NEGATES OR NEUTRALIZES IN WHOLE OR IN  PART  THE  PHARMACOLOGICAL
 EFFECTS  OF  AN  OPIOID IN THE BODY. THE OPIOID ANTAGONIST IS LIMITED TO
 NALOXONE OR OTHER  MEDICATIONS  APPROVED  BY  THE  DEPARTMENT  FOR  THIS
 PURPOSE.
   § 3. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.