NY State Senate Bill 2021-S6043

Senate Bill S6043

2021-2022 Legislative Session

Requires health practitioners to discuss with patients the risks associated with certain pain medications before prescribing such 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 05, 2022	referred to health
Mar 31, 2021	referred to health

2021-S6043 (ACTIVE) - Details

See Assembly Version of this Bill:: A3405
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §§3309-b & 3309-c, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4277, A7285
2023-2024: S3521, A1227

2021-S6043 (ACTIVE) - Summary

Requires health practitioners to discuss with patients the risks associated with certain pain medications before prescribing such medications; requires that for the first opioid analgesic prescription of a calendar year the prescribing physician shall counsel the patient on the risks of overdose.

2021-S6043 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6043

SPONSOR: HARCKHAM
 
TITLE OF BILL:

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

 
PURPOSE:

Amends the public health law to better protect the health and safety of
patients undergoing opioid or related schedule II controlled substance
prescription dosage for treatment as well as inform patients of the
side-effects that may result from such use.

 
SUMMARY OF PROVISIONS:

Section 1 amends the public health law by adding a new section3309-b.

Section 2 amends the public health law by adding a new section3309-c.

Section 3 provides the effective date.

 
JUSTIFICATION:

When patients receive opioid and other schedule II controlled substance
prescriptions for pain relief, they are often uninformed of the risks
and side-effects associated with the use of aforesaid medications such
as; physical and psychological dependencies and abuse.  Moreover,
patients are frequently neglected to be provided with information of
alternative prescriptions available to them, or why the prescription is
necessary to their well-being.  This legislation will help in preventing
patients from being left in the dark regarding the risk management, side
effects, alternative methods, and imperatives of their prescribed medi-
cation.

 
LEGISLATIVE HISTORY:

2019-20: S4277 referred to Health; same as A7285 (Rosenthal L) referred
to health;

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
On the sixteenth day after it shall become law.

2021-S6043 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6043
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 31, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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  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

 S. 6043                             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.

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