senate Bill S6179

Requires disclosure of addiction risks for certain prescription drugs

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

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

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 patient sign form acknowledging education of such risks.

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Bill Details

See Assembly Version of this Bill:
A9097
Versions:
S6179
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Add §3317, Pub Health L; add §19.18, Ment Hyg L

Sponsor 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.

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

                                  6179

                            I N  S E N A T E

                            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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13590-02-1

S. 6179                             2

  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

S. 6179                             3

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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