NY State Senate Bill 2021-S6168

Senate Bill S6168

2021-2022 Legislative Session

Requires hospital and emergency room physicians to notify a patient's prescriber that such patient is being treated for a controlled substance overdose

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
Apr 13, 2021	referred to health

2021-S6168 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§3371 & 3343-a, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7946
2017-2018: S2639
2019-2020: S3271
2023-2024: S4758

2021-S6168 (ACTIVE) - Summary

Requires hospital and emergency room physicians to consult the prescription monitoring program registry and to notify a patient's prescriber that such patient is being treated for a controlled substance overdose.

2021-S6168 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6168

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring hospital
and emergency room physicians to notify a patient's prescriber that such
patient is being treated for a controlled substance overdose

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires hospital and emergency room physicians to notify a patient's
prescriber that such patient is being treated for a controlled substance
overdose.

 
SUMMARY OF SPECIFIC PROVISIONS:

Sections 1 through 3 of the bill amends Public Health Law Section 3371
to extend provisions relating to the confidentiality of certain health
records to the conveyance of information relating to the treatment of a
patient for a controlled substance overdose

Section 4 of the bill amends the opening paragraph of subdivision 2 of
Public Health Law Section 3343-a by adding a requirement that every
emergency room or hospital practitioner must consult the prescription
monitoring program registry when treating a patient for a controlled
substance overdose and also must notify the patients prescriber of the
controlled substance of the patients overdose

Section 5 of the bill is the effective date

 
JUSTIFICATION:

In the past several years, New York State has recognized that the ramp-
ant abuse and diversion. of opioids has necessitated the implementation
of various anti-abuse policies. It is clear that these policies need to
be approached comprehensively by government, law enforcement and health
care providers.  Since 2013, New York State has required that prescri-
bers are required to consult the Prescription Monitoring Program (PMP)
Registry when prescribing Schedule II, Ill, and IV controlled
substances. The information provided by this registry allows
prescribers/practitioners to better evaluate their patients' treatment
with controlled substances and determine whether there may be abuse of
non-medical use.

This bill is a necessary and common sense extension of the purposes and
requirements of ISTOP and the prescription monitoring registry to insure
that vital medical information is shared among health care practition-
ers. The bill mandates that an emergency room or hospital practitioner
take two steps in treating a patient with an opioid overdose: consult
the prescription monitoring registry and notify the patient's prescriber
of the patient's treatment for an overdose. Such notification provides
the prescriber with information vital to the proper medical treatment of
the patient. Without such notification of the overdose, it is very
possible that the prescriber/practitioner would not know that the
patient had suffered an overdose of the opioid.

 
PRIOR LEGISLATIVE HISTORY:

2020: S.3271 - Referred to Health

2019: S.3271 - Referred to Health

2018: S.2639 - Passed Senate/A.1043 - Referred to Health

2017: S.2639 - Passed Senate/A.1043 - Referred to Health

2016: S.7946 - Passed Senate/A.10229 - Referred to Health

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to paragraph (a) of subdivision 2 of section 3371 of the
public health law as amended by section two of this act shall be subject
to the expiration and reversion of such subdivision pursuant to section
12 of chapter 90 of the laws of 2014, as amended, when upon such date

2021-S6168 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6168
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 13, 2021
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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 hospital
   and emergency room physicians to notify a  patient's  prescriber  that
   such patient is being treated for a controlled substance overdose

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (i) and (j) of subdivision 1 of section 3371  of
 the public health law, as added by section 4 of part A of chapter 447 of
 the laws of 2012, are amended to read as follows:
   (i)  to a medical examiner or coroner who is an officer of or employed
 by a state or local government, pursuant to his or her official  duties;
 [and]
   (j) to an individual for the purpose of providing such individual with
 his  or  her own controlled substance history or, in appropriate circum-
 stances, in the case of a patient who lacks capacity to make health care
 decisions, a person who has legal authority to make such  decisions  for
 the patient and who would have legal access to the patient's health care
 records, if requested from the department pursuant to subdivision six of
 section  thirty-three  hundred  forty-three-a  of this article or from a
 treating practitioner pursuant to subparagraph (iv) of paragraph (a)  of
 subdivision two of this section; AND
   (K)  TO  A  PRACTITIONER  TO INFORM HIM OR HER THAT A PATIENT IS UNDER
 TREATMENT FOR A CONTROLLED SUBSTANCE OVERDOSE BY HOSPITAL  OR  EMERGENCY
 ROOM PRACTITIONER FOR THE PURPOSES OF SUBDIVISION TWO OF THIS SECTION.
   §  2.  Paragraph  (a)  of  subdivision 2 of section 3371 of the public
 health law, as amended by section 56-b chapter 92 of the laws  of  2021,
 is amended to read as follows:
   (a)  a  practitioner,  or  a  designee authorized by such practitioner
 pursuant to paragraph (b) of subdivision  two  of  section  thirty-three
 hundred  forty-three-a,  section  thirty-three hundred sixty-one of this
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06740-02-1

 S. 6168                             2
 
 article or section thirty of the cannabis law, for the purposes of:  (i)
 informing  the practitioner that a patient may be under treatment with a
 controlled substance by another practitioner OR THAT A PATIENT IS  UNDER
 TREATMENT  FOR A CONTROLLED SUBSTANCE OVERDOSE; (ii) providing the prac-
 titioner with notifications of controlled substance activity  as  deemed
 relevant  by the department, including but not limited to a notification
 made available on a monthly or other periodic basis through the registry
 of controlled substances activity pertaining  to  his  or  her  patient;
 (iii)   allowing   the   practitioner,   through   consultation  of  the
 prescription monitoring program registry, to review his or her patient's
 controlled  substances  history  as  required  by  section  thirty-three
 hundred  forty-three-a,  section  thirty-three hundred sixty-one of this
 article or section thirty of the cannabis law; and (iv) providing to his
 or her patient, or person authorized pursuant to paragraph (j) of subdi-
 vision one of this section, upon  request,  a  copy  of  such  patient's
 controlled substance history as is available to the practitioner through
 the prescription monitoring program registry; or
   §  3.  Paragraph  (a)  of  subdivision 2 of section 3371 of the public
 health law, as added by section 5 of part A of chapter 447 of  the  laws
 of 2012, is amended to read as follows:
   (a)  a  practitioner,  or  a  designee authorized by such practitioner
 pursuant to paragraph (b) of subdivision  two  of  section  thirty-three
 hundred  forty-three-a of this article, for the purposes of: (i) inform-
 ing the practitioner that a  patient  may  be  under  treatment  with  a
 controlled  substance by another practitioner OR THAT A PATIENT IS UNDER
 TREATMENT FOR A CONTROLLED SUBSTANCE OVERDOSE; (ii) providing the  prac-
 titioner  with  notifications of controlled substance activity as deemed
 relevant by the department, including but not limited to a  notification
 made available on a monthly or other periodic basis through the registry
 of  controlled  substances  activity  pertaining  to his or her patient;
 (iii)  allowing  the   practitioner,   through   consultation   of   the
 prescription monitoring program registry, to review his or her patient's
 controlled  substances  history  as  required  by  section  thirty-three
 hundred forty-three-a of this article; and (iv) providing to his or  her
 patient,  or  person authorized pursuant to paragraph (j) of subdivision
 one of this section, upon request, a copy of such  patient's  controlled
 substance  history  as  is  available  to  the  practitioner through the
 prescription monitoring program registry; or
   § 4. The opening paragraph  of  paragraph  (a)  of  subdivision  2  of
 section 3343-a of the public health law, as added by section 2 of part A
 of chapter 447 of the laws of 2012, is amended to read as follows:
   Every  practitioner  shall consult the prescription monitoring program
 registry prior to prescribing or  dispensing  any  controlled  substance
 listed  on schedule II, III or IV of section thirty-three hundred six of
 this article, for  the  purpose  of  reviewing  a  patient's  controlled
 substance history as set forth in such registry AND EVERY EMERGENCY ROOM
 OR  HOSPITAL  PRACTITIONER  SHALL  CONSULT  THE  PRESCRIPTION MONITORING
 PROGRAM REGISTRY WHEN TREATING A  PATIENT  FOR  A  CONTROLLED  SUBSTANCE
 OVERDOSE  AND  SHALL  NOTIFY  THE PATIENT'S PRESCRIBER OF SUCH OVERDOSE;
 provided, however, that  nothing  in  this  section  shall  preclude  an
 authorized  practitioner, other than a veterinarian, from consulting the
 registry at his or her option prior to  prescribing  or  dispensing  any
 controlled  substance.  The duty to consult the registry shall not apply
 to:
   § 5. This act shall take effect immediately; provided,  however,  that
 the  amendments to paragraph (a) of subdivision 2 of section 3371 of the

 S. 6168                             3
 
 public health law as amended by section two of this act shall be subject
 to the expiration and reversion of such subdivision pursuant to  section
 12  of  chapter  90 of the laws of 2014, as amended, when upon such date
 the provisions of section three of this act shall take effect.

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