NY State Senate Bill 2015-S660

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to health
Jan 07, 2015	referred to health

co-Sponsors

2015-S660 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §3317, Pub Health L; add §19.18-b, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6179
2013-2014: S547
2017-2018: S687
2019-2020: S1530

2015-S660 (ACTIVE) - Summary

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.

2015-S660 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S660

 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 :

2014: S.547 Referred to Health
2012: S.6169/A.9097 Referred to Health

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall lake effect immediately.

2015-S660 (ACTIVE) - Bill Text download pdf

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

                                   660

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sens. KENNEDY, AVELLA, HASSELL-THOMPSON, KRUEGER -- 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03249-01-5

S. 660                              2

  (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-b
to read as follows:
S 19.18-B 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

S. 660                              3

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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Senate Bill S660

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

co-Sponsors

2015-S660 (ACTIVE) - Details

2015-S660 (ACTIVE) - Summary

2015-S660 (ACTIVE) - Sponsor Memo

2015-S660 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S660

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Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status - In Senate Committee Health Committee

co-Sponsors

Tony Avella

Ruth Hassell-Thompson

Liz Krueger

2015-S660 (ACTIVE) - Details

2015-S660 (ACTIVE) - Summary

2015-S660 (ACTIVE) - Sponsor Memo

2015-S660 (ACTIVE) - Bill Text download pdf

Comments