NY State Senate Bill 2015-S609

Senate Bill S609

2015-2016 Legislative Session

Requires baseline and periodic and/or targeting drug testing to be utilized by clinicians prescribing prescription narcotic drugs

download bill text pdf

Archive: Last 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 06, 2016	referred to health
Jan 07, 2015	referred to health

2015-S609 (ACTIVE) - Details

See Assembly Version of this Bill:: A6336
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3331, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7918
2017-2018: S606, A3301
2019-2020: A2823

2015-S609 (ACTIVE) - Summary

Requires baseline and periodic and/or targeting drug testing to be utilized by clinicians prescribing prescription narcotic drugs.

2015-S609 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S609

 TITLE OF BILL :  An act to amend the public health law, in relation
to requiring baseline and periodic and/or targeting drug testing to be
utilized by clinicians prescribing prescription narcotic drugs

 PURPOSE OR GENERAL IDEA OF BILL :

This bill will require prescribers of narcotic drugs to perform
baseline and periodic and/or targeted testing.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Adds a new subdivision 8 to Section 3331 of the Public
Health Law. Requires baseline testing for clinicians prescribing
prescription narcotic drugs and periodic and/or targeted testing.
Testing must occur before the dispensing of the initial prescription.
The clinician shall not issue more than a 4 day supply without first
obtaining testing results. Testing shall be conducted at least twice a
year. Requires DOH to ensure that drug testing methods are subject to
reimbursement.

Section 2. Effective Date.

 JUSTIFICATION :

The purpose of this testing is to ensure that individuals are taking
the prescribed pills as directed, in the doses prescribed, with no
other illicit substances. Due to the highly addictive nature of these
narcotics, prescribers should be able to conduct testing ensuring
compliance with their prescribing practices. Drug testing is a
reliable, effective method for determining patient adherence to
treatment plans. This method is more accurate than self-reporting and
will help reduce on doctor shopping and increase detection of
individuals abusing these substances. Confirmatory or quantitative
testing methods allow for doctors to identify the specific drug,
rather than just the drug class - a vitally important feature. Such
testing is also less likely to produce a false positive or negative.
For example, an individual who is prescribed buprenorphine but is
actually taking oxycodone may show positive for the opiate class in
testing.

Typically, urine drug testing requires a initial test and if the
results are positive, an additional, more conclusive test is taken.
This model of testing is, in the long run, more expensive and less
accurate. This bill will provide for more comprehensive initial
testing when an individual is prescribed an addictive, narcotic drug.

 PRIOR LEGISLATIVE HISTORY :

2014: S.7918 Died in Rules

 FISCAL IMPLICATIONS :

Minimal to None.

 EFFECTIVE DATE :
The sixtieth day after it shall become law.

2015-S609 (ACTIVE) - Bill Text download pdf

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

                                   609

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  BOYLE  -- 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 baseline
  and periodic and/or targeting drug testing to be  utilized  by  clini-
  cians prescribing prescription narcotic drugs

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

  Section 1. Section 3331 of the public health law is amended by  adding
a new subdivision 8 to read as follows:
  8.  (A)  BASELINE  AND PERIODIC AND/OR TARGETING DRUG TESTING SHALL BE
UTILIZED BY  CLINICIANS  PRESCRIBING  PRESCRIPTION  NARCOTIC  DRUGS,  AS
DEFINED   BY  SUBDIVISIONS  (B)  AND  (C)  OF  SCHEDULE  II  OF  SECTION
THIRTY-THREE HUNDRED SIX OF THIS ARTICLE, TO ESTABLISH A GENERAL ASSESS-
MENT FOR NEW PATIENTS AND IN MONITORING ADHERENCE  TO  EXISTING  PATIENT
TREATMENT PLANS, AS WELL AS DETECTING THE USE OF NON-PRESCRIBED DRUGS.
  (B) (I) TESTING SHALL BE REQUIRED PRIOR TO THE ISSUANCE OF THE INITIAL
PRESCRIPTION  AND  SHALL  INCLUDE  CONFIRMATORY OR QUANTITATIVE METHODS,
SUCH AS BUT NOT LIMITED TO LIQUID  CHROMATOGRAPHY  -  MASS  SPECTROMETRY
TECHNOLOGY.
  (II)  A  CLINICIAN SHALL NOT ISSUE IN EXCESS OF A FOUR-DAY SUPPLY OF A
PRESCRIPTION NARCOTIC DRUG WITHOUT FIRST OBTAINING CONFIRMATORY OR QUAN-
TITATIVE TESTING RESULTS PRIOR TO AN INITIAL PRESCRIPTION BEING ISSUED.
  (C) SUCH TESTING, AT A MINIMUM, SHALL OCCUR TWICE ANNUALLY.   PATIENTS
BEING  TREATED  FOR ADDICTION SHALL BE TESTED AS FREQUENTLY AS NECESSARY
TO ENSURE THERAPEUTIC ADHERENCE.
  (D) THE DEPARTMENT IS DIRECTED TO ENSURE THAT CONFIRMATORY AND QUANTI-
TATIVE  CHROMATOGRAPHIC  DRUG  TESTING  METHODOLOGIES  ARE  SUBJECT   TO
REIMBURSEMENT  FOR  CLINICAL  HEALTH  CARE PROVIDERS, INCLUDING CLINICAL
LABORATORIES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02534-01-5

S. 609                              2

  (E) FOR THE PURPOSES OF THIS SUBDIVISION,  THE  FOLLOWING  DEFINITIONS
SHALL APPLY:
  (I)  "BASELINE  TESTING"  MEANS THE INITIAL PATIENT ASSESSMENT THROUGH
URINE DRUG TESTING TO (1) IDENTIFY THE PRESENCE  OF  ILLICIT  SUBSTANCES
PRIOR  TO  PRESCRIBING  THE  CONTROLLED  MEDICATIONS, OR (2) CONFIRM THE
PRESENCE OR ABSENCE OF A PRESCRIBED DRUG OR DRUG CLASS.
  (II) "PERIODIC TESTING" MEANS RANDOM URINE  DRUG  TESTING,  AT  RANDOM
VISITS  WITH  A RANDOM SELECTION OF DRUGS TO BE TESTED. THE FREQUENCY OF
PERIODIC TESTING SHALL BE BASED ON  MEDICAL  NECESSITY  AND  A  COMPLETE
CLINICAL ASSESSMENT OF THE INDIVIDUAL PATIENT'S RISK POTENTIAL FOR ABUSE
AND DIVERSION.
  (III)  "TARGETED  TESTING" MEANS A TEST ORDERED AT THE DISCRETION OF A
CLINICIAN, BASED ON OBSERVATION  OF  THE  PATIENT  AND  RELATED  CIRCUM-
STANCES, THAT ENHANCE CLINICAL DECISION MAKING.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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