Requires disclosure of addiction risks for certain prescription drugs; requires physicians, nurses and pharmacists to provide information on prevention, mitigation and treatment of prescription drug addiction and to have the patient sign a form acknowledging education of such risks.

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S547-2013 Actions

• Jan 9, 2013: REFERRED TO HEALTH

S547-2013 Memo

BILL NUMBER:S547

TITLE OF BILL:
An act
to amend
the public health law and the mental hygiene law, in relation to
requiring disclosure of addiction risks for certain prescription drugs

PURPOSE:
This bill requires disclosure of addiction risks for certain
prescription drugs.

SUMMARY OF PROVISIONS:
Section 1 defines the bill as Michael David Israel patient information
act.

Section 2 defines opiate analgesics and psychotropic drugs and amends
public health law to require that prescribers and pharmacists make
patients aware of the risk of addiction and local resources to treat
addiction to prescription drugs prior to prescribing or dispensing
such drugs.

Section 2 also requires that patients sign a waiver stating that they
understand the risks of addiction and that they have been provided
with information about local resources in the event that they become
addicted. In addition section 2 provides a fine scale for failure to
provide patients with such information.

Section 3 defines opiate analgesics and psychotropic drugs and amends
mental hygiene law to require that mental health prescribers and
pharmacists make patients aware of the risk of addiction and local
resources to treat addiction to prescription drugs prior to
prescribing or dispensing such drugs.

Section 3 also requires that patients sign a waiver stating that they
understand the risks of addiction and that they have been provided
with information about local resources in the event that they become
addicted. In addition section 3 provides a fine scale for failure to
provide patients with such information.

Section 4 is the enacting clause.

JUSTIFICATION:
Michael David Israel, the son of Avi and Julie Israel,
was one of many young people across New York State who battled with
prescription drug abuse, On June 4, 2011 Michael David Israel
tragically took his own life.

Michael's story is not a unique one. Nationally deaths from
prescription opiates have tripled since 1999, and overdoses from
prescription opiates now hospitalize more people each year than
cocaine or heroin, Additionally, in a recent University at Buffalo
study of 75 addicts, 41 percent reported their addiction began with
medicine prescribed legally by their doctors.


The rate at which doctors are prescribing opiates is also alarming In
New York State 37 prescriptions are written for hydrocodone,
fentanyl, and oxycodone for every 100 New Yorkers. In Western New
York that rate is almost double, with 65 prescriptions being written
for every 100 residents. These statistics are concerning, and in some
regards alarming.

This bill would require that patients receive information about the
potential risks of addiction to certain kinds of drugs as well as the
local resources available to them if they feel they are becoming
addicted. In the case of Michael David Israel, more information from
the outset about the danger of opiate painkillers as well as local
treatment options could have helped save Michael's life.

LEGISLATIVE HISTORY:
2012: S.6169/A.9097 Referred to Health

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall lake effect immediately.

S547-2013 Text

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

                                     547

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
    printed to be committed to the Committee on Health

  AN ACT to amend the public health law and the  mental  hygiene  law,  in
    relation  to  requiring  disclosure  of  addiction  risks  for certain
    prescription drugs

    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 patient information act".
    S 2.  The public health law is amended by adding a new section 3317 to
  read as follows:

    S 3317.  REQUIRED DISCLOSURES. 1. DEFINITIONS. FOR  PURPOSES  OF  THIS
  SECTION:

    (A) "OPIATE ANALGESICS" SHALL MEAN THE MEDICINES BUPRENORPHINE, BUTOR-
  PHANOL,  CODEINE,  HYDROCODONE,  HYDROMORPHONE, LEVORPHANOL, MEPERIDINE,
  METHADONE, MORPHINE, NALBUPHINE, OXYCODONE, OXYMORPHONE, PENTAZOCINE AND
  PROPOXYPHENE AS WELL AS THEIR BRAND NAMES, ISOMERS AND COMBINATIONS.
    (B) "PSYCHOTROPIC DRUGS SHALL MEAN ANY DRUG OR MEDICINE  THAT  AFFECTS
  MENTAL ACTIVITY, BEHAVIOR OR PERCEPTION INCLUDING ANTI-PSYCHOTICS, ANTI-
  DEPRESSANTS, ANTI-ANXIETY DRUGS OR ANXIOLYTICS AND HYPNOTICS.
    2.  DISCLOSURES. WHENEVER A PRACTITIONER, PHARMACIST, REGISTERED NURSE
  OR ANY OTHER PERSON WHO IS AUTHORIZED TO DISTRIBUTE SUBSTANCES REGULATED
  BY THIS ARTICLE, DISPENSES OPIATE ANALGESICS OR PSYCHOTROPIC DRUGS  SUCH
  PRESCRIBING PHYSICIAN, NURSE OR PHARMACIST SHALL:

    (A) DESCRIBE THE RISKS OF ADDICTION TO THE PATIENT;
    (B) AFTER CONSULTING THE PATIENT'S MEDICAL HISTORY, INFORM THE PATIENT
  OF HIS OR HER CHANCE OF ADDICTION;
    (C)  PROVIDE  THE  PATIENT  WITH  INFORMATION ABOUT COPING WITH OPIATE
  ANALGESIC OR PYSCHOTROPIC DRUG ADDICTION AND AVAILABLE  LOCAL  RESOURCES
  INCLUDING DETOXIFICATION CENTERS, COUNSELING SERVICES AND HOTLINES; AND

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03873-01-3

 S. 547                              2

    (D)  HAVE  THE PATIENT SIGN A FORM APPROVED BY THE DEPARTMENT ACKNOWL-
  EDGING THAT HE OR SHE HAS BEEN INFORMED OF  THE  PREVENTION,  MITIGATION
  AND TREATMENT OF SUCH ADDICTION.
    3.  ENFORCEMENT BY DEPARTMENT. (A) THE DEPARTMENT SHALL BE RESPONSIBLE
  FOR PUBLISHING INFORMATIONAL PAMPHLETS REGARDING THE DANGERS  OF  OPIATE
  ANALGESICS AND PSYCHOTROPIC DRUGS AND DISTRIBUTION. SUCH PAMPHLETS SHALL
  TAKE  THE FORM PRESCRIBED BY THE COMMISSIONER. THE DEPARTMENT SHALL ALSO
  PROVIDE THE FORM REQUIRED IN PARAGRAPH (D) OF SUBDIVISION  TWO  OF  THIS
  SECTION.
    (B) THE DEPARTMENT SHALL BE RESPONSIBLE FOR THE RECEIPT, INVESTIGATION
  AND SUBSTANTIATION OF ANY COMPLAINTS OR TIPS ABOUT PHYSICIANS, NURSES OR
  PHARMACISTS  WHO  FAIL  TO  PROVIDE  THE  INFORMATION  MANDATED  IN THIS
  SECTION. FAILURE TO PROVIDE SUCH  INFORMATION  SHALL  BE  PUNISHABLE  AS
  FOLLOWS:

    (I) FIRST OFFENSE; FINE OF UP TO ONE THOUSAND DOLLARS;
    (II) SECOND OFFENSE: FINE OF UP TO FIVE THOUSAND DOLLARS;
    (III) THIRD OFFENSE: SUSPENSION OF LICENSE UP TO SIX MONTHS;
    (IV) FOURTH OFFENSE: SUSPENSION OF LICENSE UP TO ONE YEAR;
    (V)  FIFTH  OFFENSE: PERMANENT SUSPENSION OR REVOCATION OF LICENSE AND
  REFERRED TO THE RESPECTIVE LICENSING BOARDS UNDER THIS ARTICLE.
    A SIGNED PATIENT FORM SHALL BE  PRIMA  FACIE  PROOF  THAT  THE  PERSON
  PRESCRIBING  SUCH  MEDICATIONS  HAS COMPLIED WITH THE PROVISIONS OF THIS
  SECTION.
    S 3. The mental hygiene law is amended by adding a new  section  19.18
  to read as follows:

  S 19.18 REQUIRED DISCLOSURES.
    (A) DEFINITIONS. FOR PURPOSES OF THIS SECTION:

    (1) "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF HEALTH.
    (2) "OPIATE ANALGESICS" SHALL MEAN THE MEDICINES BUPRENORPHINE, BUTOR-
  PHANOL,  CODEINE,  HYDROCODONE,  HYDROMORPHONE, LEVORPHANOL, MEPERIDINE,
  METHADONE, MORPHINE, NALBUPHINE, OXYCODONE, OXYMORPHONE, PENTAZOCINE AND
  PROPOXYPHENE AS WELL AS THEIR BRAND NAMES, ISOMERS AND COMBINATIONS.
    (3) "PSYCHOTROPIC DRUGS" SHALL MEAN ANY DRUG OR MEDICINE THAT  AFFECTS
  MENTAL ACTIVITY, BEHAVIOR OR PERCEPTION INCLUDING ANTI-PSYCHOTICS, ANTI-
  DEPRESSANTS, ANTI-ANXIETY DRUGS OR ANXIOLYTICS AND HYPNOTICS.
    (B) DISCLOSURES. WHENEVER A PRACTITIONER, PHARMACIST, REGISTERED NURSE
  OR ANY OTHER PERSON WHO IS AUTHORIZED TO DISTRIBUTE SUBSTANCES REGULATED
  BY  THIS  ARTICLE  OR  THOSE REGULATED UNDER ARTICLE THIRTY-THREE OF THE
  PUBLIC HEALTH LAW, DISPENSES OPIATE ANALGESICS  OR  PSYCHOTROPIC  DRUGS,
  SUCH PRESCRIBING PHYSICIAN, NURSE OR PHARMACIST SHALL:

    (1) DESCRIBE THE RISKS OF ADDICTION TO THE PATIENT;
    (2)  AFTER CONSULTING THE PATIENT'S MENTAL HISTORY, INFORM THE PATIENT
  OF HIS OR HER CHANCE OF ADDICTION;
    (3) PROVIDE THE PATIENT WITH  INFORMATION  ABOUT  COPING  WITH  OPIATE
  ANALGESIC  OR  PSYCHOTROPIC DRUG ADDICTION AND AVAILABLE LOCAL RESOURCES
  INCLUDING DETOXIFICATION CENTERS, COUNSELING SERVICES AND HOTLINES; AND
    (4) HAVE THE PATIENT SIGN A FORM APPROVED BY THE  DEPARTMENT  ACKNOWL-
  EDGING  THAT  HE  OR SHE HAS BEEN INFORMED OF THE PREVENTION, MITIGATION
  AND TREATMENT OF SUCH ADDICTION.
    (C) ENFORCEMENT BY DEPARTMENT. (1) THE DEPARTMENT SHALL BE RESPONSIBLE
  FOR PUBLISHING INFORMATIONAL PAMPHLETS REGARDING THE DANGERS  OF  OPIATE
  ANALGESICS AND PSYCHOTROPIC DRUGS FOR DISTRIBUTION. SUCH PAMPHLETS SHALL
  TAKE  THE  FORM PRESCRIBED BY THE COMMISSIONER OF HEALTH. THE DEPARTMENT
  SHALL ALSO PROVIDE THE FORM REQUIRED IN PARAGRAPH  FOUR  OF  SUBDIVISION
  (B) OF THIS SECTION.

 S. 547                              3

    (2) THE DEPARTMENT SHALL BE RESPONSIBLE FOR THE RECEIPT, INVESTIGATION
  AND SUBSTANTIATION OF ANY COMPLAINTS OR TIPS ABOUT PHYSICIANS, NURSES OR
  PHARMACISTS  WHO  FAIL  TO  PROVIDE  THE  INFORMATION  MANDATED  IN THIS
  SECTION. FAILURE TO PROVIDE SUCH  INFORMATION  SHALL  BE  PUNISHABLE  AS
  FOLLOWS:

    (I) FIRST OFFENSE: FINE OF UP TO ONE THOUSAND DOLLARS;
    (II) SECOND OFFENSE: FINE OF UP TO FIVE THOUSAND DOLLARS;
    (III) THIRD OFFENSE: SUSPENSION OF LICENSE UP TO SIX MONTHS;
    (IV) FOURTH OFFENSE: SUSPENSION OF LICENSE UP TO ONE YEAR;
    (V)  FIFTH  OFFENSE: PERMANENT SUSPENSION OR REVOCATION OF LICENSE AND
  REFERRED TO THE RESPECTIVE LICENSING BOARDS UNDER  ARTICLE  THIRTY-THREE
  OF THE PUBLIC HEALTH LAW.
    A  SIGNED  PATIENT  FORM  SHALL  BE  PRIMA FACIE PROOF THAT THE PERSON
  PRESCRIBING SUCH MEDICATIONS HAS COMPLIED WITH THE  PROVISIONS  OF  THIS
  SECTION.
    S 4. This act shall take effect immediately.