senate Bill S2861A

Relates to certain mandatory medical education requirements

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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

  • 24 / Jan / 2013
    • REFERRED TO HIGHER EDUCATION
  • 03 / Apr / 2013
    • AMEND AND RECOMMIT TO HIGHER EDUCATION
  • 03 / Apr / 2013
    • PRINT NUMBER 2861A
  • 30 / Apr / 2013
    • REPORTED AND COMMITTED TO HEALTH
  • 08 / Jan / 2014
    • REFERRED TO HIGHER EDUCATION

Summary

Relates to certain mandatory medical education requirements; requires mandatory coursework or training relating to prescription pain medication and opiate-dependent patients.

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Bill Details

Versions:
S2861
S2861A
Legislative Cycle:
2013-2014
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Add §6505-d, Ed L; amd §3309-a, Pub Health L

Votes

13
0
13
Aye
0
Nay
5
aye with reservations
0
absent
1
excused
0
abstained
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Sponsor Memo

BILL NUMBER:S2861A

TITLE OF BILL: An act to amend the education law and the public
health law, in relation to certain mandatory medical education

PURPOSE:

To require certain prescribers of prescription pain medication to
complete mandatory coursework or training relating to opiate-dependent
patients.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends the education law to add a new section
that requires certain prescribers of prescription pain medication to
complete mandatory coursework or training relating to opiate-dependent
patients.

Section 2 of the bill amends the public health law to require the work
group established pursuant to section 52 of part D of Chapter 56 of
the Laws of 2012 to report certain recommendations to the commissioner
of health relating to the treatment and management of opiate-dependent
patients.

Section 3 of the bill is the effective date.

JUSTIFICATION:

According to the Center for Disease Control and Prevention (CDC),
about 20% of physicians are responsible for prescribing 80% of all
prescription pain killers. Further, a recent study shows that 3% of
physicians account for over 60% of prescription pain killers. This
data indicates that a small number of prescribers are responsible for
the bulk of prescription drug prescriptions. Consequently, prescribers
whose practice includes significant prescriptions for pain killers
should know about the potential for addiction and the proper treatment
and management of patients that have become dependent on prescription
pain killers.

This legislation addresses this problem by requiring certain
prescribers to complete, on a onetime basis, coursework or training
relating to the treatment and management of opiate-dependent patients
that is provided by highly-regarded organizations such as the American
Medical Association. By doing so, this legislation establishes a
safeguard for patients struggling with chronic pain and helps ensure
that such patients are receiving the best course of treatment for
their condition.

Further, medical education is also valuable in preparing physicians
for emerging challenges in the medical field. To that end, in 2012,
New York State enacted laws that start to address the growing crisis
of prescription drug abuse associated with chronic care pain
management. Given the addictive nature of certain prescription drugs,
their use in treatment has the potential to lead to addiction. In
2012, NYS created an expert-level work group to make recommendations
on possible medical education relating to prescription pain medication
awareness. This was a critical step in solving this developing crisis.


Because the potential for addiction exists when prescription drugs are
used in pain management, the work group should also provide
recommendations on mandatory education for the treatment and
management of opiate-dependent patients. By providing the work group
with the authority to make recommendations on this aspect of the
treatment of chronic pain, this legislation further promotes the best
possible care for patients struggling with this condition.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

Minimal

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall become a law.

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

                                 2861--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 24, 2013
                               ___________

Introduced by Sens. MAZIARZ, GRISANTI, HASSELL-THOMPSON, MARTINS -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Higher Education -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the education law and the public health law, in relation
  to certain mandatory medical education

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

  Section 1.   The education law is amended  by  adding  a  new  section
6505-d to read as follows:
  S  6505-D.  MANDATORY  COURSEWORK OR TRAINING RELATING TO PRESCRIPTION
PAIN MEDICATION AND OPIATE-DEPENDENT PATIENTS. 1. EVERY  PRESCRIBER,  AS
SUCH  TERM IS DEFINED IN SUBDIVISION TWO OF THIS SECTION, SHALL COMPLETE
ON A ONE-TIME BASIS NOT LESS THAN EIGHT HOURS OF COURSEWORK OR  TRAINING
RELATING  TO  THE  TREATMENT AND MANAGEMENT OF OPIATE-DEPENDENT PATIENTS
THAT IS PROVIDED BY THE AMERICAN  SOCIETY  OF  ADDICTION  MEDICINE,  THE
AMERICAN  ACADEMY  OF ADDICTION PSYCHIATRY, THE AMERICAN MEDICAL ASSOCI-
ATION, THE AMERICAN OSTEOPATHIC ASSOCIATION,  THE  AMERICAN  PSYCHIATRIC
ASSOCIATION,  OR ANY OTHER ORGANIZATION THAT THE COMMISSIONER DETERMINES
IS APPROPRIATE FOR THE PURPOSES OF  THIS  SECTION.  SUCH  COURSEWORK  OR
TRAINING MAY BE COMPLETED IN A CLASSROOM SETTING, THROUGH INTERNET-BASED
INSTRUCTION, OR OTHERWISE AS APPROVED BY THE COMMISSIONER. EACH PRESCRI-
BER  SHALL  DOCUMENT  TO  THE  DEPARTMENT AT THE TIME OF REGISTRATION OR
RE-REGISTRATION THAT THE PRESCRIBER HAS COMPLETED COURSEWORK OR TRAINING
IN ACCORDANCE  WITH  THIS  SECTION.  THE  DEPARTMENT  SHALL  PROVIDE  AN
EXEMPTION  FROM  THE  REQUIREMENTS OF THIS SECTION TO ANY PRESCRIBER WHO
REQUESTS SUCH AN EXEMPTION AND WHO SHOWS, TO THE DEPARTMENT'S  SATISFAC-
TION,  THAT  SUCH  PRESCRIBER IS NOT SUBJECT TO THE REQUIREMENTS OF THIS
SECTION PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  2. FOR THE PURPOSES OF THIS SECTION, THE TERM "PRESCRIBER" SHALL  MEAN
ANY   PRACTITIONER  THAT  IS  (A)  AUTHORIZED  TO  PRESCRIBE  CONTROLLED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06414-02-3

S. 2861--A                          2

SUBSTANCES PURSUANT TO HIS OR HER LICENSED  PROFESSIONAL  PRACTICE,  AND
(B)  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.
  3. THIS SECTION SHALL APPLY TO ANY PRESCRIBER THAT (A) HAS TEN OR MORE
PATIENTS  BEING  TREATED  FOR  CHRONIC PAIN FOR WHICH THE PRESCRIBER HAS
PRESCRIBED THE USE OF PRESCRIPTION PAIN MEDICATION, OR (B) HAS AT  LEAST
ONE  PATIENT BEING TREATED FOR CHRONIC PAIN FOR WHICH THE PRESCRIBER HAS
PRESCRIBED A DAILY DOSE OF AT LEAST 100 MG OF  MORPHINE  OR  ITS  EQUIV-
ALENT.
  S  2.  Paragraph  (b) of subdivision 2 of section 3309-a of the public
health law is amended by adding  a  new  subparagraph  (v)  to  read  as
follows:
  (V)  NO  LATER THAN JANUARY FIRST, TWO THOUSAND FIFTEEN, REPORT TO THE
COMMISSIONER RECOMMENDATIONS FOR MANDATORY CONTINUING MEDICAL  EDUCATION
RELATING  TO  THE TREATMENT AND MANAGEMENT OF OPIATE-DEPENDENT PATIENTS.
THE RECOMMENDATIONS FOR  SUCH  MANDATORY  CONTINUING  MEDICAL  EDUCATION
SHALL BE IN ADDITION TO, AND NOT IN LIEU OF, THE MANDATORY COURSEWORK OR
TRAINING  REQUIRED  PURSUANT TO SECTION SIXTY-FIVE HUNDRED FIVE-D OF THE
EDUCATION LAW.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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