NY State Senate Bill 2023-S3521

Senate Bill S3521

2023-2024 Legislative Session

Requires health practitioners to discuss with patients the risks associated with certain pain medications before prescribing such medications

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Current 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 03, 2024	referred to health
Jan 31, 2023	referred to health

co-Sponsors

2023-S3521 (ACTIVE) - Details

See Assembly Version of this Bill:: A1227
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
2021-2022: S6043, A3405

2023-S3521 (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.

2023-S3521 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3521

SPONSOR: FERNANDEZ
 
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 OR GENERAL IDEA OF BILL:

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.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S6043 / A3405

2019-2020: S4277 / A7285

 
FISCAL IMPLICATIONS:

None to the state

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth 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 to be made and
completed on or before such effective date.

2023-S3521 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3521
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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.
                                                            LBD01235-01-3

 S. 3521                             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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Senate Bill S3521

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Sponsored By

Nathalia Fernandez