Authorizes the commissioner of health to establish standards, and review and implement requirements for the performance of continuing medical education on pain management, palliative care and addiction.
Ayes (59): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Excused (2): Hassell-Thomps, Smith
TITLE OF BILL: An act to amend the public health law, in relation to the prescription pain medication awareness program and providing for the repeal of such provisions upon expiration thereof
PURPOSE: To require health care professionals authorized to prescribe controlled substances to complete medical education on pain management, palliative care, and addition.
SUMMARY OF PROVISIONS:
Section one amends the Prescription Pain Medication Awareness Program under Public Health Law § 3309-a to require health care professionals licensed under title 8 of the education law to treat humans and authorized to prescribe controlled substances to complete three hours of continuing medical education every two years that involves pain management. The curricula must include but is not limited to, I-Stop and drug enforcement administration requirements for prescribing control substances; pain management; appropriate prescribing; managing acute pain; pain; palliative medicine; preventative, screening and signs of addiction; responses to abuse and addiction; and end of life care. The Commissioner may allow for exemptions if the health care professionals met requirements per the Commissioners satisfaction. The commissioner must report on the impact of this legislation and any recommendations no later than three years after its enactment.
JUSTIFICATION: Many patients suffer endlessly from debilitating pain and other symptoms caused by the inadequate treatment of pain or other symptoms which could be controlled. Many health care professionals are unaware of the resources available to their patients to relieve chronic and acute pain. This issue has lead to an increase in the prescribing of prescription medications to help ease patients suffering, which has resulted in and increase of prescription drug abuse throughout the state. This bill will require health care professionals who prescribe controlled substances to take a continuing medical education (CME) course regarding pain management. This training in pain management will assist in curbing the prescription drug crisis the state currently faces by educating practitioners on proper practices. This bill will ensure that health care practitioners stay current on pain management and palliative care techniques, and not over or under prescribing pain medications.
LEGISLATIVE HISTORY: New bill
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This bill shall take effect one year after it becomes law.
STATE OF NEW YORK ________________________________________________________________________ 7660 IN SENATE May 23, 2014 ___________Introduced by Sens. HANNON, MAZIARZ, BALL, BONACIC, BOYLE, CARLUCCI, FELDER, GALLIVAN, GOLDEN, GRIFFO, LANZA, LARKIN, LITTLE, MARCELLINO, MARCHIONE, MARTINS, NOZZOLIO, O'MARA, RANZENHOFER, RITCHIE, ROBACH, SAVINO, SEWARD, VALESKY, YOUNG -- 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 the prescription pain medication awareness program and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3309-a of the public health law, as added by section 52 of part D of chapter 56 of the laws of 2012, subparagraphs (i), (ii) and (iii) of paragraph (b) of subdivision 2 as amended and subparagraph (iv) of paragraph (b) of subdivision 2 as added by section 1 and subdivisions 3 and 4 as amended by section 2 of part D of chapter 447 of the laws of 2012, is amended to read as follows: S 3309-a. Prescription pain medication awareness program. 1. There is hereby established within the department a prescription pain medication awareness program to educate the public and health care practitioners about the risks associated with prescribing and taking controlled substance pain medications. 2. Within the amounts appropriated, the commissioner, in consultation with the commissioner of the office of alcoholism and substance abuse services, shall
[: (a) Develop]DEVELOP and conduct a public health education media campaign designed to alert youth, parents and the general population about the risks associated with prescription pain medications and the need to properly dispose of any unused medication. In developing this campaign, the commissioner shall consult with and use information provided by the work group established pursuant to subdivision [(b)]FOUR of this section and other relevant professional organizations. The campaign shall include an internet website providing information for parents, children and health care professionals on the risks associated with taking opioids and resources available to those needing assistanceEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. S LBD15377-01-4 S. 7660 2
with prescription pain medication addiction. Such website shall also provide information regarding where individuals may properly dispose of controlled substances in their community and include active links to further information and resources. The campaign shall begin no later than September first, two thousand twelve. 3. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF EDUCA- TION, SHALL ESTABLISH STANDARDS, AND REVIEW AND IMPLEMENT REQUIREMENTS FOR THE PERFORMANCE OF CONTINUING MEDICAL EDUCATION ON PAIN MANAGEMENT, PALLIATIVE CARE AND ADDICTION. EVERY HEALTH CARE PROFESSIONAL LICENSED, REGISTERED OR CERTIFIED UNDER TITLE EIGHT OF THE EDUCATION LAW TO TREAT HUMANS AND REGISTERED UNDER THE FEDERAL CONTROLLED SUBSTANCES ACT AND IN POSSESSION OF A REGISTRATION NUMBER FROM THE DRUG ENFORCEMENT ADMINIS- TRATION, UNITED STATES DEPARTMENT OF JUSTICE, OR ITS SUCCESSOR AGENCY, SHALL, EVERY TWO YEARS, COMPLETE THREE HOURS OF COURSE WORK AS SET FORTH IN THIS SECTION; PROVIDED, HOWEVER, THAT SAID HOURS SHALL BE DEEMED TO COUNT TOWARD THE PROFESSIONAL'S OBLIGATION FOR BOARD CERTIFICATION. (A) EXISTING CURRICULA, INCLUDING CURRICULA DEVELOPED BY A NATIONALLY RECOGNIZED HEALTH CARE PROFESSIONAL, SPECIALTY, OR PROVIDER ASSOCIATION, OR NATIONALLY RECOGNIZED PAIN MANAGEMENT ASSOCIATION, MAY BE CONSIDERED IN IMPLEMENTING THIS SECTION. (B) CURRICULA SHALL INCLUDE, BUT NOT BE LIMITED TO: I-STOP AND DRUG ENFORCEMENT ADMINISTRATION REQUIREMENTS FOR PRESCRIBING CONTROLLED SUBSTANCES; PAIN MANAGEMENT; APPROPRIATE PRESCRIBING; MANAGING ACUTE PAIN; PALLIATIVE MEDICINE; PREVENTION, SCREENING AND SIGNS OF ADDICTION; RESPONSES TO ABUSE AND ADDICTION; AND END OF LIFE CARE. (C) THE COMMISSIONER SHALL PROVIDE AN EXEMPTION FROM THIS REQUIREMENT TO ANYONE WHO REQUESTS SUCH AN EXEMPTION AND WHO DEMONSTRATES TO THE COMMISSIONER'S SATISFACTION THAT: (I) THERE WOULD BE NO NEED FOR HIM OR HER TO COMPLETE SUCH COURSE WORK OR TRAINING BECAUSE OF THE NATURE, AREA OR SPECIALTY OF HIS OR HER PRAC- TICE; OR (II) HE OR SHE HAS COMPLETED COURSE WORK OR TRAINING DEEMED BY THE COMMISSIONER TO BE EQUIVALENT TO THE STANDARDS FOR COURSE WORK OR TRAIN- ING APPROVED UNDER THIS SECTION. (D) THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF EDUCA- TION AND STAKEHOLDERS SHALL REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE CHAIRS OF THE HEALTH AND HIGHER EDUCATION COMMITTEES NO LATER THAN THREE YEARS AFTER THE EFFEC- TIVE DATE OF THIS SUBDIVISION ON THE SUCCESS AND IMPACT OF THIS SECTION AND ANY RECOMMENDATIONS.
[(b)]4. Establish a work group, no later than June first, two thou- sand twelve, which shall be composed of experts in the fields of pallia- tive and chronic care pain management and addiction medicine. Members of the work group shall receive no compensation for their services, but shall be allowed actual and necessary expenses in the performance of their duties pursuant to this section. The work group shall: [(i)](A) Report to the commissioner regarding the development of recommendations and model courses for continuing medical education, refresher courses and other training materials for licensed health care professionals on appropriate use of prescription pain medication. Such recommendations, model courses and other training materials shall be submitted to the commissioner, who shall make such information available for the use in medical education, residency programs, fellowship programs, and for use in continuing medication education programs no later than January first, two thousand thirteen. Such recommendations also shall include recommendations on: [(A)](I) educational and contin-S. 7660 3
uing medical education requirements for practitioners appropriate to address prescription pain medication awareness among health care profes- sionals;
[(B)](II) continuing education requirements for pharmacists related to prescription pain medication awareness; and [(C)](III) continuing education in palliative care as it relates to pain manage- ment, for which purpose the work group shall consult the New York state palliative care education and training council; [(ii)](B) No later than January first, two thousand thirteen, provide outreach and assistance to health care professional organizations to encourage and facilitate continuing medical education training programs for their members regarding appropriate prescribing practices for the best patient care and the risks associated with overprescribing and underprescribing pain medication; [(iii)](C) Provide information to the commissioner for use in the development and continued update of the public awareness campaign, including information, resources, and active web links that should be included on the website; and [(iv)](D) Consider other issues deemed relevant by the commissioner, including how to protect and promote the access of patients with a legitimate need for controlled substances, particularly medications needed for pain management by oncology patients, and whether and how to encourage or require the use or substitution of opioid drugs that employ tamper-resistance technology as a mechanism for reducing abuse and diversion of opioid drugs. [3.]5. On or before September first, two thousand twelve, the commis- sioner, in consultation with the commissioner of the office of alcohol- ism and substance abuse services, the commissioner of education, and the executive secretary of the state board of pharmacy, shall add to the workgroup such additional members as appropriate so that the workgroup may provide guidance in furtherance of the implementation of the I-STOP act. For such purposes, the workgroup shall include but not be limited to consumer advisory organizations, health care practitioners and providers, oncologists, addiction treatment providers, practitioners with experience in pain management, pharmacists and pharmacies, and representatives of law enforcement agencies. [4.]6. The commissioner shall report to the governor, the temporary president of the senate and the speaker of the assembly no later than March first, two thousand thirteen, and annually thereafter, on the work group's findings. The report shall include information on opioid over- dose deaths, emergency room utilization for the treatment of opioid overdose, the utilization of pre-hospital addiction services and recom- mendations to reduce opioid addiction and the consequences thereof. The report shall also include a recommendation as to whether subdivision two of section thirty-three hundred forty-three-a of this article should be amended to require practitioners prescribing or dispensing certain iden- tified schedule V controlled substances to comply with the consultation requirements of such subdivision. S 2. This act shall take effect one year after it shall have become a law and shall expire and be deemed repealed 4 years after such date. Provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.