Bill S5409A-2011

Requires practitioners to check the controlled substance abuse registry before prescribing analgesics

Requires practitioners to check the controlled substance abuse registry before prescribing painkillers and directs the commissioner of public health to establish an enforcement system.

Details

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  • Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Mar 12, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • Jan 11, 2012: PRINT NUMBER 5409A
  • Jan 11, 2012: AMEND (T) AND RECOMMIT TO HEALTH
  • Jan 4, 2012: REFERRED TO HEALTH
  • May 18, 2011: REFERRED TO HEALTH

Memo

BILL NUMBER:S5409A

TITLE OF BILL: An act to amend the public health law, in relation to requiring pharmacists and practitioners to check the controlled substance abuse registry before prescribing analgesics

PURPOSE: This bill requires practitioners to check the controlled substance abuse registry before prescribing pain killers to help crack down on pain killer abuse.

SUMMARY OF PROVISIONS: Section 1 states that this act shall be known as the Michael David Israel Controlled Substance Registry Reform Act.

Section 2 amends section 3308 of the public health law by adding a new subdivision 7 to require the commissioner of health to develop a system to ensure compliance with section 3 of this bill which requires practitioners to check the controlled substance abuse registry before writing a prescription.

Section 3 requires practitioners check the controlled substance registry prior to prescribing any analgesics to determine what other prescriptions the patient is taking, and if their prescription history indicates a possibility of drug abuse.

Section 4 amends the public health to include that pharmacists should check the registry to ensure a patient did not have a prescription filled for the same purpose by another pharmacy.

Section 5 amends the public health law to create the PAIR (Prescription Analgesics Information Registry) which requires real-time reporting to the controlled substance abuse registry and requires pharmacists and doctors match records accordingly in the system and review the system prior to prescribing or dispensing.

In addition, Section 5 requires that data about admittance to substance abuse programs be added to the system so that doctors can see if a patient has a history of substance abuse.

JUSTIFICATION: Abuse of prescription pain killers is a growing and dangerous problem in our state. Fatalities as a result of prescription drug abuse have grown so much that they now are more than the combined total fatalities from the crack epidemic of the 1980s and the black tar heroin epidemic of the 1970s.

One common method that abusers Use to obtain Prescription drugs is through a method called "Doctor Shopping." "Doctor Shopping" is a method in which a person might obtain several prescriptions from several different doctors for the same ailment and then have all the prescriptions filled at various pharmacy locations.

This bill works to reform the broken system in New York State of the Controlled Substance Registry. It provides a real time reporting system that doctors and pharmacists are required to participate in and check prior to prescribing or dispensing controlled substances. By creating a real time system we can crack down on doctor shopping as well as forged prescription.

This bill also gives doctors access to the patients history of admittance to substance abuse centers so they can actively review a patients history of substance abuse. In the case of Michael David Israel, Michael was prescribed controlled substances by his doctor two days after he checked out of a substance abuse center. If the doctor had access to this information he may not have written such a prescription.

The reforms put forward in this bill will help doctors treat patients. They will also help pharmacists prevent doctor Shopping and forgery and will keep controlled substances from making their way onto the street.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: Some small administrative costs to the state.

EFFECTIVE DATE: This act shall take effect immediately; provided, however, that section two of this act shall take effect on the one hundred twentieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 5409--A 2011-2012 Regular Sessions IN SENATE May 18, 2011 ___________
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to requiring pharma- cists and practitioners to check the controlled substance abuse regis- try before prescribing analgesics THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "Michael David Israel controlled substance registry reform act". S 2. Section 3308 of the public health law is amended by adding a new subdivision 7 to read as follows: 7. THE COMMISSIONER SHALL DEVELOP A SYSTEM TO ENSURE COMPLIANCE WITH SECTION THIRTY-THREE HUNDRED TWENTY-THREE OF THIS ARTICLE. SUCH SYSTEM SHALL, AT A MINIMUM: (A) CROSS-CHECK THE PRESCRIPTIONS SUBMITTED BY PHARMACISTS WITH THE PRACTITIONERS CONSULTING THE REGISTRY PURSUANT TO SECTION THIRTY-THREE HUNDRED TWENTY-THREE OF THIS ARTICLE. (B) ESTABLISH AN APPROPRIATE FINE SCALE FOR PRACTITIONERS FOUND BY THE DEPARTMENT TO NOT BE CONSULTING THE REGISTRY IN VIOLATION OF SECTION THIRTY-THREE HUNDRED TWENTY-THREE OF THIS ARTICLE FOLLOWED BY MORE SERI- OUS PUNISHMENTS FOR REPEAT OFFENSES. S 3. The public health law is amended by adding a new section 3323 to read as follows: S 3323. PRACTITIONERS' AND PHARMACISTS' DUTIES PRIOR TO PRESCRIBING ANALGESICS. EVERY PRACTITIONER AND PHARMACIST SHALL, PRIOR TO PRESCRIB- ING ANY ANALGESIC, CONSULT THE CENTRAL REGISTRY ESTABLISHED PURSUANT TO THIS ARTICLE TO DETERMINE:
1. WHAT OTHER PRESCRIPTIONS THE PATIENT BEING PRESCRIBED SUCH ANALGES- IC IS CURRENTLY TAKING; 2. WHETHER SUCH PATIENT MAY BE UNDER TREATMENT WITH A PRESCRIPTION ANALGESIC BY ANOTHER PRACTITIONER; AND 3. WHETHER SUCH PATIENT'S PRESCRIPTION HISTORY INDICATES A POSSIBILITY OF DRUG ABUSE, ADDICTION OR DIVERSION. S 4. Paragraphs (d) and (e) of subdivision 1 of section 3371 of the public health law, as amended by chapter 178 of the laws of 2010, are amended and a new paragraph (f) is added to read as follows: (d) to a central registry established pursuant to this article; [and] (e) to a practitioner to inform him or her that a patient may be under treatment with a controlled substance by another practitioner[.]; OR (F) TO A PHARMACIST TO INFORM THE PHARMACIST THAT A PERSON WHO PRESENTS OR HAS PRESENTED A PRESCRIPTION FOR ONE OR MORE PRESCRIPTION ANALGESICS AT THE PHARMACY MAY HAVE ALSO OBTAINED ONE OR MORE PRESCRIPTION ANALGESICS FROM ANOTHER PHARMACY. S 5. The public health law is amended by adding a new section 3323-a to read as follows: S 3323-A. PAIR REPORTING PROGRAM. 1. ESTABLISHMENT OF SYSTEM. THE COMMISSIONER SHALL, IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, ESTABLISH AND MAINTAIN A SYSTEM FOR COLLECTING, MONITORING AND REPORTING DATA CONCERNING THE PRESCRIBING AND DISPENSING OF SCHEDULE II, III, IV, OR V CONTROLLED SUBSTANCES, OR ANY OTHER SUBSTANCES SPECIFIED BY THE COMMISSIONER, THAT ARE PRESCRIBED OR DISPENSED. SUCH SYSTEM SHALL ALLOW PRACTITIONERS AND PHARMACISTS TO MONITOR AND REPORT SUCH DATA BY MEANS OF AN INTERNET PORTAL AND A WEBSITE AND ANY OTHER ELECTRONIC MEANS DEEMED APPROPRIATE BY THE COMMISSIONER. SUCH SYSTEM SHALL ENABLE PRACTI- TIONERS AND PHARMACISTS TO MONITOR AND REPORT SUCH DATA AT THE TIME A PRESCRIPTION IS ISSUED OR SUCH SUBSTANCE IS DISPENSED. THE COMMISSIONER SHALL ADOPT AND SUCH SYSTEM SHALL MAINTAIN PROCEDURES AND SAFEGUARDS TO ENSURE THE PRIVACY AND CONFIDENTIALITY OF PATIENT INFORMATION AND TO ENSURE THAT ANY DATA COLLECTED OR REPORTED IS NOT UNLAWFULLY ACCESSED OR DISCLOSED. THE COMMISSIONER SHALL ALSO ESTABLISH ACCEPTABLE ERROR TOLER- ANCE RATES FOR DATA AND PROCEDURES FOR PRACTITIONERS AND PHARMACISTS TO FOLLOW IN THE EVENT OF A TECHNOLOGICAL FAILURE. 2. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE MEANING GIVEN TO TERMS IN SECTION THIRTY-THREE HUNDRED TWO OF THIS ARTICLE SHALL BE CONTROLLING, PROVIDED THAT: (A) "PAIR" SHALL MEAN PRESCRIPTION ANALGESICS INFORMATION REGISTRY. (B) PATIENT IDENTIFIER SHALL MEAN A PATIENT'S: (1) FULL NAME; (2) ADDRESS; (3) DATE OF BIRTH; AND (4) SOCIAL SECURITY NUMBER OR AN ALTERNATIVE IDENTIFICATION NUMBER ESTABLISHED BY THE COMMISSIONER. 3. REPORTING REQUIREMENTS. A PRACTITIONER OR PHARMACIST THAT DISPENSES SCHEDULE II, III, IV OR V CONTROLLED SUBSTANCES SHALL REPORT THE FOLLOW- ING INFORMATION REGARDING EACH DISPENSATION IN A MANNER CONSISTENT WITH SUBDIVISION FOUR OF THIS SECTION: (A) PATIENT IDENTIFIER; (B) NATIONAL DRUG CODE OF THE DRUG DISPENSED; (C) METRIC QUANTITY OF DRUG DISPENSED; (D) DATE OF DISPENSING; (E) ESTIMATED DAY'S SUPPLY DISPENSED; (F) DRUG ENFORCEMENT ADMINISTRATION REGISTRATION NUMBER OF THE PRES- CRIBER;
(G) SERIAL NUMBER ASSIGNED BY THE DISPENSER; AND (H) THE DRUG ENFORCEMENT ADMINISTRATION REGISTRATION NUMBER OF THE DISPENSER. 4. DATA REPORTED. EVERY PRACTITIONER OR PHARMACIST WITHIN THE STATE OR ANY OTHER DISPENSER WHO HAS OBTAINED A LICENSE, PERMIT OR OTHER AUTHORI- ZATION TO OPERATE FROM THE COMMISSIONER OF EDUCATION, OR ANY AGENT THER- EOF, SHALL REPORT TO THE PAIR SYSTEM THE DATA SPECIFIED IN PARAGRAPH (A) OR (B) OF THIS SUBDIVISION THROUGH AN INTERNET PORTAL AND WEBSITE MAIN- TAINED BY THE COMMISSIONER AND ANY OTHER METHOD DEEMED APPROPRIATE BY THE COMMISSIONER, UPON ISSUING A PRESCRIPTION OR DISPENSING A SCHEDULE II, III, IV, OR V CONTROLLED SUBSTANCE OR ANY OTHER SUBSTANCE SPECIFIED BY THE COMMISSIONER; PROVIDED THAT SUCH REPORTING SHALL NOT BE REQUIRED FOR ANY SUCH SUBSTANCE ADMINISTERED DIRECTLY TO A PATIENT, OR FOR SUCH SUBSTANCE DISPENSED PURSUANT TO SECTION THREE THOUSAND THREE HUNDRED THIRTY-FOUR, THREE THOUSAND THREE HUNDRED THIRTY-SEVEN OR THREE THOUSAND THREE HUNDRED FORTY-TWO OF THIS ARTICLE OR ANY RULE OR REGULATION PROMULGATED UNDER THOSE SECTIONS. (A) DATA TO BE REPORTED BY PRACTITIONERS. DATA CONCERNING SCHEDULE II, III, IV, OR V CONTROLLED SUBSTANCES OR ANY OTHER SUBSTANCES SPECIFIED BY THE COMMISSIONER THAT ARE PRESCRIBED SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING: PRACTITIONER PRESCRIPTION NUMBER; PRACTITIONER NATIONAL IDENTIFICATION NUMBER; PATIENT NAME; PATIENT ADDRESS, INCLUDING STREET, CITY, STATE, ZIP CODE; PATIENT DATE OF BIRTH; PATIENT'S SEX; PATIENT'S SOCIAL SECURITY NUMBER; DATE PRESCRIPTION ISSUED; METRIC QUANTITY; NATIONAL DRUG CODE NUMBER OF THE DRUG; NUMBER OF DAYS SUPPLY; PRACTI- TIONER DRUG ENFORCEMENT ADMINISTRATION NUMBER; DATE PRESCRIPTION WRIT- TEN; SERIAL NUMBER OF OFFICIAL PRESCRIPTION FORM, OR AN IDENTIFIER DESIGNATED BY THE DEPARTMENT; PAYMENT METHOD; AND NUMBER OF REFILLS AUTHORIZED. (B) DATA TO BE REPORTED BY PHARMACISTS. DATA CONCERNING SCHEDULE II, III, IV, OR V CONTROLLED SUBSTANCES OR ANY OTHER SUBSTANCES SPECIFIED BY THE COMMISSIONER THAT ARE DISPENSED SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING: PHARMACY PRESCRIPTION NUMBER; PHARMACY'S NATIONAL IDEN- TIFICATION NUMBER; PATIENT NAME; PATIENT ADDRESS, INCLUDING STREET, CITY, STATE, ZIP CODE; PATIENT DATE OF BIRTH; PATIENT'S SEX; PATIENT'S SOCIAL SECURITY NUMBER; DATE PRESCRIPTION FILLED; METRIC QUANTITY; NATIONAL DRUG CODE NUMBER OF THE DRUG; NUMBER OF DAYS SUPPLY; PRACTI- TIONER DRUG ENFORCEMENT ADMINISTRATION NUMBER; DATE PRESCRIPTION WRIT- TEN; SERIAL NUMBER OF OFFICIAL PRESCRIPTION FORM, OR AN IDENTIFIER DESIGNATED BY THE COMMISSIONER; PAYMENT METHOD; NUMBER OF REFILLS AUTHORIZED; AND REFILL NUMBER. (C) DATA TO BE REPORTED BY FACILITIES. UPON A PATIENT'S ADMISSION TO AN INPATIENT OR OUTPATIENT TREATMENT FACILITY FOR DRUG ABUSE, OR UPON SUCH PATIENT'S ADMISSION TO A DETOXIFICATION CENTER OR ANY OTHER FACILI- TY, INCLUDING A GENERAL HOSPITAL, THAT TREAT SUCH PATIENT'S DRUG ABUSE OR ADDICTION, SUCH HOSPITAL, DETOXIFICATION CENTER OR TREATMENT FACILITY SHALL REPORT SUCH PATIENT'S TREATMENT TO THE DEPARTMENT WITHIN SEVEN DAYS OF ADMISSION. THE HOSPITAL, DETOXIFICATION CENTER OR TREATMENT FACILITY SHALL REPORT THROUGH THE PAIR SYSTEM THE FOLLOWING DATA: PATIENT NAME; PATIENT ADDRESS, INCLUDING STREET, CITY, STATE, ZIP CODE; PATIENT DATE OF BIRTH; PATIENT'S SEX; PATIENT'S SOCIAL SECURITY NUMBER; LENGTH OF PATIENT'S STAY; THE TYPE OF TREATMENT PATIENT RECEIVES AND THE CONTROLLED SUBSTANCE PATIENT WAS ADMITTED FOR; AND DATE PATIENT WAS RELEASED. SUCH INFORMATION SHALL BE SUBMITTED TO THE ASPIRIN SYSTEM WITHIN SEVEN DAYS OF PATIENT'S ADMISSION. SUCH INFORMATION SHALL BE TRANSMITTED IN A MANNER CONSISTENT WITH THE PROVISIONS OF THIS SECTION.
5. DUTY TO CONSULT DATABASE; PROHIBITIONS. EVERY PRACTITIONER OR PHAR- MACIST WITHIN THE STATE, INCLUDING ANY OTHER DISPENSER WHO HAS OBTAINED A LICENSE, PERMIT, OR OTHER AUTHORIZATION TO OPERATE FROM THE COMMIS- SIONER OF EDUCATION, SHALL MAKE INQUIRY TO THE ON-LINE CONTROLLED SUBSTANCE REPORTING SYSTEM ESTABLISHED PURSUANT TO SUBDIVISION ONE OF THIS SECTION PRIOR TO PRESCRIBING OR DISPENSING ANY SCHEDULE II, III, IV, OR V CONTROLLED SUBSTANCE OR ANY OTHER SUBSTANCE SPECIFIED BY THE COMMISSIONER; PROVIDED THAT THIS SUBDIVISION AND PARAGRAPHS (A) AND (B) HEREOF, SHALL NOT APPLY TO ANY SUCH SUBSTANCE ADMINISTERED DIRECTLY TO A PATIENT OR FOR ANY SUCH SUBSTANCE DISPENSED PURSUANT TO SECTIONS THREE THOUSAND THREE HUNDRED THIRTY-FOUR, THREE THOUSAND THREE HUNDRED THIR- TY-SEVEN OR THREE THOUSAND THREE HUNDRED FORTY-TWO OF THIS ARTICLE AND ANY RULE PROMULGATED THEREUNDER. (A) NO PRACTITIONER SHALL PRESCRIBE ANY SCHEDULE II, III, IV, OR V CONTROLLED SUBSTANCE OR ANY OTHER SUBSTANCE SPECIFIED BY THE COMMISSION- ER WITHOUT REVIEWING A PATIENT'S CONTROLLED SUBSTANCE PRESCRIPTION HISTORY AS SET FORTH IN THE ON-LINE CONTROLLED SUBSTANCE REPORTING SYSTEM TO DETERMINE THAT SUCH PRESCRIPTION IS MEDICALLY NECESSARY AND WOULD NOT OTHERWISE VIOLATE SECTION THREE THOUSAND THREE HUNDRED FIFTY OF THIS ARTICLE, OR, FOR PRESCRIPTIONS ELIGIBLE FOR REIMBURSEMENT BY THE MEDICAID PROGRAM, SECTION ONE HUNDRED FORTY-FIVE-B OF THE SOCIAL SERVICES LAW. (B) NO PHARMACIST SHALL DISPENSE ANY SCHEDULE II, III, IV, OR V CONTROLLED SUBSTANCE OR ANY OTHER SUBSTANCE SPECIFIED BY THE COMMISSION- ER WITHOUT CONFIRMING THE EXISTENCE OF A MATCHING REPORT PROVIDED BY A PRACTITIONER THROUGH THE ON-LINE CONTROLLED SUBSTANCE REPORTING SYSTEM. 6. REPORTING PERIOD. THE DATA IDENTIFIED IN SUBDIVISION THREE OF THIS SECTION SHALL BE TRANSMITTED IMMEDIATELY ON THE DATE OF DISPENSING UNLESS THE DEPARTMENT GRANTS AN EXTENSION. SUCH AN EXTENSION SHALL BE GRANTED BY THE DEPARTMENT FOR ELECTRONIC OR MECHANICAL FAILURES AND FOR ANY OTHER REASON PROMULGATED BY THE COMMISSIONER. 7. WAIVERS. A PRACTITIONER OR PHARMACIST WHO DOES NOT HAVE AN AUTO- MATED RECORDKEEPING SYSTEM CAPABLE OF PRODUCING AN ELECTRONIC REPORT IN THE FORMAT ESTABLISHED BY "ASAP TELECOMMUNICATIONS FORMAT FOR CONTROLLED SUBSTANCES", SHALL BE GRANTED A WAIVER FROM THE ELECTRONIC REPORTING REQUIREMENT IF THE DISPENSER: (A) MAKES A WRITTEN REQUEST TO THE BRANCH WITHIN TWENTY-FOUR HOURS OF DISCOVERY AND OF THE CIRCUMSTANCES NECESSITATING THE REQUEST, OR ON THE NEXT DATE THAT STATE OFFICES ARE OPEN FOR BUSINESS FOLLOWING THE DISCOV- ERY; AND (B) AGREES IN WRITING TO IMMEDIATELY BEGIN REPORTING THE DATA BY SUBMITTING A COMPLETED "PAIR REPORTING FORM" OR COMPARABLE DOCUMENT APPROVED IN WRITING AND PROMULGATED BY THE DEPARTMENT. 8. PATIENT IDENTIFICATION NUMBER. (A) A PATIENT OR THE PERSON OBTAIN- ING THE CONTROLLED SUBSTANCE ON BEHALF OF THE PATIENT SHALL DISCLOSE TO THE DISPENSER THE PATIENT'S SOCIAL SECURITY NUMBER FOR PURPOSES OF THE DISPENSER'S MANDATORY REPORTING TO PAIR. (B) IF A PATIENT IS AN ADULT WHO DOES NOT HAVE A SOCIAL SECURITY NUMBER, THE PATIENT'S DRIVER'S LICENSE NUMBER SHALL BE DISCLOSED. (C) IF A PATIENT IS AN ADULT WHO HAS NOT BEEN ASSIGNED A SOCIAL SECU- RITY NUMBER OR A DRIVER'S LICENSE NUMBER, THE NUMBER 000-00-0000 SHALL BE USED. (D) IF A PATIENT IS A CHILD WHO DOES NOT HAVE A SOCIAL SECURITY NUMBER OR A DRIVER'S LICENSE NUMBER, THE SOCIAL SECURITY NUMBER, DRIVER'S LICENSE NUMBER, OR THE NUMBER "000-00-0000", AS APPLICABLE, OF THE PARENT OR GUARDIAN SHALL BE USED.
(E) IF A PATIENT IS AN ANIMAL, THE OWNER'S SOCIAL SECURITY NUMBER, DRIVER'S LICENSE NUMBER, OR THE NUMBER "000-00-0000", AS APPLICABLE, SHALL BE USED. 9. THE COMMISSIONER SHALL HAVE THE POWER TO ISSUE RULES AND REGU- LATIONS REGARDING THE USE OF SUCH ELECTRONIC SYSTEMS AND SHALL PROMUL- GATE SUCH POLICIES AND REGULATIONS AS NECESSARY TO ENSURE THE PRIVACY OF PATIENT INFORMATION AND INTEGRITY OF DATA TRANSMISSION. S 6. This act shall take effect immediately; provided, however, that section three of this act shall take effect on the one hundred twentieth day after it shall have become a law.

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