Bill S6179-2011

Requires disclosure of addiction risks for certain prescription drugs

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 patient sign form acknowledging education of such risks.

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  • Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Mar 12, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • Jan 11, 2012: REFERRED TO HEALTH

Memo

BILL NUMBER:S6179

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: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall lake effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6179 IN SENATE January 11, 2012 ___________
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 (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. (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.

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