S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10012

                          I N  A S S E M B L Y

                              June 6, 2014
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Cymbrowitz)
  -- read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to prescription  pain
  medication and heroin awareness program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The section heading and subdivisions 1  and  2  of  section
3309-a  of  the  public  health law, as added by section 52 of part D of
chapter 56 of the laws of 2012, subparagraphs (i),  (ii)  and  (iii)  of
paragraph (b) of subdivision 2 as amended and subparagraph (iv) of para-
graph  (b)  of  subdivision 2 as added by section 1 of part D of chapter
447 of the laws of 2012, are amended to read as follows:
  Prescription pain medication AND HEROIN awareness program. 1. There is
hereby established within the department a prescription pain  medication
AND HEROIN awareness program to educate the public and health care prac-
titioners  about  the  risks  associated  with  [prescribing  and taking
controlled substance pain medications] THESE SUBSTANCES.
  2. Within the amounts appropriated, the commissioner, in  consultation
with  the  commissioner  of the office of alcoholism and substance abuse
services, shall:
  (a) Develop and conduct a public health  education  [media]  AWARENESS
campaign  designed  to  REDUCE  THE  STIGMA  ASSOCIATED  WITH ADDICTION,
EDUCATE PROFESSIONALS AND NON-PROFESSIONALS  ON  HOW  TO  RECOGNIZE  THE
SIGNS  OF ADDICTION, AND alert youth, parents and the general population
about the risks associated with HEROIN AND prescription pain medications
[and], AS WELL AS the need to properly dispose of any unused medication.
In developing this campaign, the commissioner shall consult with and use
information provided by the work group established pursuant to [subdivi-
sion] PARAGRAPH (b) of this [section]  SUBDIVISION  and  other  relevant
professional  organizations.  The  campaign shall [include] UTILIZE AT A
MINIMUM, SOCIAL AND MASS MEDIA, EDUCATIONAL PUBLIC FORUMS AND an  inter-
net  website providing information for parents, children and health care
professionals on the risks associated with taking opioids and  resources
available  to  those needing assistance with HEROIN OR prescription pain

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15520-01-4

A. 10012                            2

medication addiction. Such  website  shall  [also]  provide  information
regarding   where   individuals   may  properly  dispose  of  controlled
substances in their community and include active links to further infor-
mation  and  resources.  IN  ADDITION,  SUCH  WEBSITE SHALL ALSO INCLUDE
INFORMATION REGARDING THE OPIOID OVERDOSE PREVENTION PROGRAM PURSUANT TO
SECTION THIRTY-THREE HUNDRED NINE OF THIS TITLE AND THE  GOOD  SAMARITAN
LAW  PURSUANT TO SECTIONS 220.03 AND 220.78 OF THE PENAL LAW AND SECTION
390.40 OF THE CRIMINAL PROCEDURE LAW. The campaign shall begin no  later
than September first, two thousand twelve.
  (b)  Establish  a  work  group, no later than June first, two thousand
twelve, which shall be composed of experts in the fields  of  palliative
and  chronic care pain management and addiction medicine. Members of the
work group shall receive no compensation for their services,  but  shall
be  allowed  actual  and  necessary expenses in the performance of their
duties pursuant to this section. The work group shall:
  (i) Report to the commissioner regarding the development of  recommen-
dations  and  model  courses for continuing medical education, refresher
courses and other training materials for licensed  health  care  profes-
sionals  on  appropriate  use  of  prescription  pain medication, HOW TO
RECOGNIZE THE SIGNS OF ADDICTION THROUGH SCREENING,  BRIEF  INTERVENTION
AND  REFERRAL  TO  TREATMENT, OR ANY OTHER EVIDENCE BASED MODELS AND THE
EFFECTIVE USE OF MEDICATED ASSISTED TREATMENT FOR HEROIN OR PRESCRIPTION
PAIN MEDICATION ADDICTION. Such recommendations, model courses and other
training materials shall be submitted to  the  commissioner,  who  shall
make  such information available for the use in medical education, resi-
dency programs, fellowship programs, and for use in  continuing  medica-
tion  education programs no later than January first, two thousand thir-
teen AND EVERY TWO YEARS THEREAFTER.  Such  recommendations  also  shall
include  recommendations  on:  (A)  educational  and  continuing medical
education  requirements  for  practitioners   appropriate   to   address
prescription  pain medication awareness among health care professionals;
(B)  continuing  education  requirements  for  pharmacists  related   to
prescription  pain medication awareness; and (C) continuing education in
palliative care as it relates to pain management, for which purpose  the
work  group  shall  consult the New York state palliative care education
and training council;
  (ii) No later than January first, two thousand thirteen, AND EVERY TWO
YEARS THEREAFTER, provide outreach and assistance to health care profes-
sional organizations to  encourage  and  facilitate  continuing  medical
education training programs for their members regarding THE DETECTION OF
ADDICTION,  appropriate  prescribing practices for the best patient care
and the risks associated with overprescribing and underprescribing  pain
medication;
  (iii)  Provide information to the commissioner for use in the develop-
ment and continued update of the public  awareness  campaign,  including
information,  resources, and active web links that should be included on
the website; and
  (iv) Consider  other  issues  deemed  relevant  by  the  commissioner,
including  how  to  protect  and  promote  the access of patients with a
legitimate need  for  controlled  substances,  particularly  medications
needed  for pain management by oncology patients, and whether and how to
encourage or require the use or substitution of opioid drugs that employ
tamper-resistance technology as  a  mechanism  for  reducing  abuse  and
diversion of opioid drugs.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.