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

                                  2263

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M.  of A. GOTTFRIED, CYMBROWITZ, GALEF, GUNTHER, PAULIN,
  PEOPLES-STOKES, SCHIMMINGER, BOYLAND,  LAVINE,  MARKEY,  ROSENTHAL  --
  Multi-Sponsored by -- M. of A. BING, DINOWITZ, HOOPER, JOHN, V. LOPEZ,
  LUPARDO,  MAYERSOHN,  McENENY,  J. RIVERA,  ROBINSON, SWEENEY, TITONE,
  WEISENBERG -- read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to pain management

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

  Section 1. Legislative findings and intent. The legislature finds that
thousands  of New Yorkers suffer needlessly from debilitating pain every
year, a condition that can be remedied by the appropriate  use  of  pain
medications and other pain management methods. Health care professionals
often  hesitate to prescribe or administer these medications for fear of
reprisal by public health or criminal justice authorities.  This  legis-
lation  follows  the well-established public policy that the prescribing
and administration of pain medications is a  legitimate  medical  inter-
vention  that can improve the quality of life and avoid needless suffer-
ing. It is a well established medical,  moral  and  ethical  proposition
that it is acceptable to relieve pain by medications, even if the result
is  or  may  be  decreased  consciousness and shortening of life and the
indirect hastening of death. However many health care practitioners fear
that the legal system may  not  recognize  that  principle.  While  this
legislation  intends  to  encourage  the appropriate prescribing of pain
medications, it does not intend in any way to diminish New York  state's
strong public policy and laws against the abuse of drugs.
  S  2. The public health law is amended by adding a new article 28-F to
read as follows:
                               ARTICLE 28-F
                             PAIN MANAGEMENT
SECTION 2899-M.   DEFINITIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD01121-02-9

              

A. 2263                             2

        2899-N. LIMITATION  ON  PROFESSIONAL  DISCIPLINE   OR   CRIMINAL
                  LIABILITY.
        2899-O. ACTS SUBJECT TO PROFESSIONAL DISCIPLINE OR PROSECUTION.
        2899-P. APPLICABILITY.
  S  2899-M.  DEFINITIONS.  AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. "ACCEPTED GUIDELINE" MEANS A PEER REVIEWED CLINICAL PRACTICE GUIDE-
LINE FOR PAIN MANAGEMENT DEVELOPED, AS APPLICABLE, BY  A  NATIONALLY-RE-
COGNIZED HEALTH CARE PROFESSIONAL OR SPECIALTY ASSOCIATION, OR A NATION-
ALLY-RECOGNIZED PAIN MANAGEMENT ASSOCIATION.
  2.  "HEALTH  CARE  PRACTITIONER"  MEANS  A  HEALTH  CARE  PRACTITIONER
LICENSED OR CERTIFIED UNDER TITLE EIGHT OF THE  EDUCATION  LAW,  WHO  IS
AUTHORIZED  TO  ORDER,  PRESCRIBE, ADMINISTER OR DISPENSE PAIN-RELIEVING
MEDICATIONS OR OTHER TREATMENT FOR THE RELIEF OF PAIN.
  3. "PAIN-RELIEVING MEDICATION" MEANS A PRESCRIPTION DRUG, INCLUDING  A
CONTROLLED  SUBSTANCE  CLASSIFIED  AS  SCHEDULE  II  OR OTHER CONTROLLED
SUBSTANCE, USED FOR PAIN RELIEF.
  4. "PROFESSIONAL DISCIPLINE" MEANS PROFESSIONAL DISCIPLINE UNDER TITLE
TWO-A OF ARTICLE TWO OF THIS CHAPTER OR TITLE  EIGHT  OF  THE  EDUCATION
LAW.
  S 2899-N. LIMITATION ON PROFESSIONAL DISCIPLINE OR CRIMINAL LIABILITY.
A  HEALTH  CARE PRACTITIONER SHALL NOT BE SUBJECT TO PROFESSIONAL DISCI-
PLINE OR CRIMINAL LIABILITY FOR ORDERING, PRESCRIBING, ADMINISTERING  OR
DISPENSING  PAIN-RELIEVING  MEDICATIONS  OR  OTHER  TREATMENTS  FOR  THE
PURPOSE OF ALLEVIATING OR CONTROLLING PAIN WHEN  PRACTICING  WITHIN  THE
HEALTH  CARE  PRACTITIONER'S  LAWFUL SCOPE OF PRACTICE AND IN ACCORDANCE
WITH THE REASONABLE STANDARD OF CARE OF THE HEALTH  CARE  PRACTITIONER'S
PROFESSION, INCLUDING AN ACCEPTED GUIDELINE.
  S  2899-O.  ACTS SUBJECT TO PROFESSIONAL DISCIPLINE OR PROSECUTION. 1.
NOTHING IN THIS ARTICLE SHALL PROHIBIT PROFESSIONAL DISCIPLINE OR CRIMI-
NAL PROSECUTION OF A HEALTH CARE PRACTITIONER FOR FAILURE TO COMPLY WITH
APPLICABLE STATE OR FEDERAL LAW, INCLUDING MEDICAL RECORD KEEPING; HOMI-
CIDE OR PROMOTING, ASSISTING, CAUSING OR AIDING SUICIDE UNDER THE  PENAL
LAW; OR UNLAWFUL PRESCRIBING; OR UNLAWFUL DIVERSION.
  2. NOTHING IN THIS ARTICLE SHALL PROHIBIT PROFESSIONAL DISCIPLINE OF A
HEALTH  CARE  PRACTITIONER  FOR  FAILURE TO ADEQUATELY PRESCRIBE, ORDER,
ADMINISTER OR DISPENSE PAIN-RELIEVING MEDICATIONS  OR  OTHER  TREATMENTS
FOR  THE  RELIEF  OF  PAIN IN ACCORDANCE WITH THE REASONABLE STANDARD OF
CARE OF THE HEALTH CARE PRACTITIONER'S PROFESSION, INCLUDING AN ACCEPTED
GUIDELINE.
  S 2899-P. APPLICABILITY. THIS ARTICLE SHALL APPLY TO THE TREATMENT  OF
ALL  PATIENTS  WITH  PAIN, INCLUDING DYING PATIENTS, PATIENTS WITH ACUTE
PAIN AND PATIENTS WITH CHRONIC PAIN, REGARDLESS OF THE  PATIENT'S  PRIOR
OR  CURRENT CHEMICAL DEPENDENCY OR ADDICTION; PROVIDED THAT A REASONABLE
STANDARD OF CARE OF THE HEALTH CARE PRACTITIONER'S PROFESSION, INCLUDING
ACCEPTED GUIDELINES, MAY MAKE SPECIAL PROVISIONS RELATING  TO  PRIOR  OR
CURRENT CHEMICAL DEPENDENCY OR ADDICTION.
  S 3. This act shall take effect immediately, provided that subdivision
2 of section 2899-o of the public health law, as added by section two of
this  act,  shall take effect on the first of January of the second year
after it shall have become a law.