Relates to certain mandatory medical education requirements; requires mandatory coursework or training relating to prescription pain medication and opiate-dependent patients.
TITLE OF BILL: An act to amend the education law and the public health law, in relation to certain mandatory medical education
To require certain prescribers of prescription pain medication to complete mandatory coursework or training relating to opiate-dependent patients.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends the education law to add a new section that requires certain prescribers of prescription pain medication to complete mandatory coursework or training relating to opiate-dependent patients.
Section 2 of the bill amends the public health law to require the work group established pursuant to section 52 of part D of Chapter 56 of the Laws of 2012 to report certain recommendations to the commissioner of health relating to the treatment and management of opiate-dependent patients.
Section 3 of the bill is the effective date.
According to the Center for Disease Control and Prevention (CDC), about 20% of physicians are responsible for prescribing 80% of all prescription pain killers. Further, a recent study shows that 3% of physicians account for over 60% of prescription pain killers. This data indicates that a small number of prescribers are responsible for the bulk of prescription drug prescriptions. Consequently, prescribers whose practice includes significant prescriptions for pain killers should know about the potential for addiction and the proper treatment and management of patients that have become dependent on prescription pain killers.
This legislation addresses this problem by requiring certain prescribers to complete, on a onetime basis, coursework or training relating to the treatment and management of opiate-dependent patients that is provided by highly-regarded organizations such as the American Medical Association. By doing so, this legislation establishes a safeguard for patients struggling with chronic pain and helps ensure that such patients are receiving the best course of treatment for their condition.
Further, medical education is also valuable in preparing physicians for emerging challenges in the medical field. To that end, in 2012, New York State enacted laws that start to address the growing crisis of prescription drug abuse associated with chronic care pain management. Given the addictive nature of certain prescription drugs, their use in treatment has the potential to lead to addiction. In 2012, NYS created an expert-level work group to make recommendations on possible medical education relating to prescription pain medication awareness. This was a critical step in solving this developing crisis.
Because the potential for addiction exists when prescription drugs are used in pain management, the work group should also provide recommendations on mandatory education for the treatment and management of opiate-dependent patients. By providing the work group with the authority to make recommendations on this aspect of the treatment of chronic pain, this legislation further promotes the best possible care for patients struggling with this condition.
PRIOR LEGISLATIVE HISTORY:
This act shall take effect on the one hundred eightieth day after it shall become a law.
STATE OF NEW YORK ________________________________________________________________________ 2861--A 2013-2014 Regular Sessions IN SENATE January 24, 2013 ___________Introduced by Sens. MAZIARZ, GRISANTI, HASSELL-THOMPSON, MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law and the public health law, in relation to certain mandatory medical education THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The education law is amended by adding a new section 6505-d to read as follows: S 6505-D. MANDATORY COURSEWORK OR TRAINING RELATING TO PRESCRIPTION PAIN MEDICATION AND OPIATE-DEPENDENT PATIENTS. 1. EVERY PRESCRIBER, AS SUCH TERM IS DEFINED IN SUBDIVISION TWO OF THIS SECTION, SHALL COMPLETE ON A ONE-TIME BASIS NOT LESS THAN EIGHT HOURS OF COURSEWORK OR TRAINING RELATING TO THE TREATMENT AND MANAGEMENT OF OPIATE-DEPENDENT PATIENTS THAT IS PROVIDED BY THE AMERICAN SOCIETY OF ADDICTION MEDICINE, THE AMERICAN ACADEMY OF ADDICTION PSYCHIATRY, THE AMERICAN MEDICAL ASSOCI- ATION, THE AMERICAN OSTEOPATHIC ASSOCIATION, THE AMERICAN PSYCHIATRIC ASSOCIATION, OR ANY OTHER ORGANIZATION THAT THE COMMISSIONER DETERMINES IS APPROPRIATE FOR THE PURPOSES OF THIS SECTION. SUCH COURSEWORK OR TRAINING MAY BE COMPLETED IN A CLASSROOM SETTING, THROUGH INTERNET-BASED INSTRUCTION, OR OTHERWISE AS APPROVED BY THE COMMISSIONER. EACH PRESCRI- BER SHALL DOCUMENT TO THE DEPARTMENT AT THE TIME OF REGISTRATION OR RE-REGISTRATION THAT THE PRESCRIBER HAS COMPLETED COURSEWORK OR TRAINING IN ACCORDANCE WITH THIS SECTION. THE DEPARTMENT SHALL PROVIDE AN EXEMPTION FROM THE REQUIREMENTS OF THIS SECTION TO ANY PRESCRIBER WHO REQUESTS SUCH AN EXEMPTION AND WHO SHOWS, TO THE DEPARTMENT'S SATISFAC- TION, THAT SUCH PRESCRIBER IS NOT SUBJECT TO THE REQUIREMENTS OF THIS SECTION PURSUANT TO SUBDIVISION THREE OF THIS SECTION. 2. FOR THE PURPOSES OF THIS SECTION, THE TERM "PRESCRIBER" SHALL MEAN ANY PRACTITIONER THAT IS (A) AUTHORIZED TO PRESCRIBE CONTROLLEDEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06414-02-3 S. 2861--A 2
SUBSTANCES PURSUANT TO HIS OR HER LICENSED PROFESSIONAL PRACTICE, AND (B) REGISTERED UNDER THE FEDERAL CONTROLLED SUBSTANCES ACT AND IN POSSESSION OF A REGISTRATION NUMBER FROM THE DRUG ENFORCEMENT ADMINIS- TRATION, UNITED STATES DEPARTMENT OF JUSTICE, OR ITS SUCCESSOR AGENCY. 3. THIS SECTION SHALL APPLY TO ANY PRESCRIBER THAT (A) HAS TEN OR MORE PATIENTS BEING TREATED FOR CHRONIC PAIN FOR WHICH THE PRESCRIBER HAS PRESCRIBED THE USE OF PRESCRIPTION PAIN MEDICATION, OR (B) HAS AT LEAST ONE PATIENT BEING TREATED FOR CHRONIC PAIN FOR WHICH THE PRESCRIBER HAS PRESCRIBED A DAILY DOSE OF AT LEAST 100 MG OF MORPHINE OR ITS EQUIV- ALENT. S 2. Paragraph (b) of subdivision 2 of section 3309-a of the public health law is amended by adding a new subparagraph (v) to read as follows: (V) NO LATER THAN JANUARY FIRST, TWO THOUSAND FIFTEEN, REPORT TO THE COMMISSIONER RECOMMENDATIONS FOR MANDATORY CONTINUING MEDICAL EDUCATION RELATING TO THE TREATMENT AND MANAGEMENT OF OPIATE-DEPENDENT PATIENTS. THE RECOMMENDATIONS FOR SUCH MANDATORY CONTINUING MEDICAL EDUCATION SHALL BE IN ADDITION TO, AND NOT IN LIEU OF, THE MANDATORY COURSEWORK OR TRAINING REQUIRED PURSUANT TO SECTION SIXTY-FIVE HUNDRED FIVE-D OF THE EDUCATION LAW. S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law.