senate Bill S5409A

2011-2012 Legislative Session

Requires practitioners to check the controlled substance abuse registry before prescribing analgesics

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 12, 2012 committee discharged and committed to rules
notice of committee consideration - requested
Jan 11, 2012 print number 5409a
amend (t) and recommit to health
Jan 04, 2012 referred to health
May 18, 2011 referred to health

S5409 - Details

See Assembly Version of this Bill:
A9121
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §§3308 & 3371, add §§3323 & 3323-a, Pub Health L

S5409 - Summary

Requires practitioners to check the controlled substance abuse registry before prescribing painkillers and directs the commissioner of public health to establish an enforcement system.

S5409 - Sponsor Memo

S5409 - Bill Text download pdf

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

                                  5409

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 18, 2011
                               ___________

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, in relation to requiring  practi-
  tioners  to  check  the  controlled  substance  abuse  registry before
  prescribing analgesics

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

  Section 1.  Section 3308 of the public health law is amended by adding
a new subdivision 7 to read as follows:
  7.  THE  COMMISSIONER SHALL DEVELOP A SYSTEM TO ENSURE COMPLIANCE WITH
SECTION THIRTY-THREE HUNDRED TWENTY-THREE OF THIS ARTICLE.  SUCH  SYSTEM
SHALL, AT A MINIMUM:
  (A)  CROSS-CHECK  THE  PRESCRIPTIONS SUBMITTED BY PHARMACISTS WITH THE
PRACTITIONERS CONSULTING THE REGISTRY PURSUANT TO  SECTION  THIRTY-THREE
HUNDRED TWENTY-THREE OF THIS ARTICLE.
  (B) ESTABLISH AN APPROPRIATE FINE SCALE FOR PRACTITIONERS FOUND BY THE
DEPARTMENT  TO  NOT  BE  CONSULTING THE REGISTRY IN VIOLATION OF SECTION
THIRTY-THREE HUNDRED TWENTY-THREE OF THIS ARTICLE FOLLOWED BY MORE SERI-
OUS PUNISHMENTS FOR REPEAT OFFENSES.
  S 2. The public health law is amended by adding a new section 3323  to
read as follows:
  S  3323. PRACTITIONERS' DUTIES PRIOR TO PRESCRIBING ANALGESICS.  EVERY
PRACTITIONER SHALL, PRIOR TO  PRESCRIBING  ANY  ANALGESIC,  CONSULT  THE
CENTRAL REGISTRY ESTABLISHED PURSUANT TO THIS ARTICLE TO DETERMINE:
  1. WHAT OTHER PRESCRIPTIONS THE PATIENT BEING PRESCRIBED SUCH ANALGES-
IC IS CURRENTLY TAKING;
  2.  WHETHER  SUCH  PATIENT  MAY BE UNDER TREATMENT WITH A PRESCRIPTION
ANALGESIC BY ANOTHER PRACTITIONER; AND
  3. WHETHER SUCH PATIENT'S PRESCRIPTION HISTORY INDICATES A POSSIBILITY
OF DRUG ABUSE, ADDICTION OR DIVERSION.
  S 3. This act shall take effect immediately; provided,  however,  that
section  two  of this act shall take effect on the one hundred twentieth
day after it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

S5409A (ACTIVE) - Details

See Assembly Version of this Bill:
A9121
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §§3308 & 3371, add §§3323 & 3323-a, Pub Health L

S5409A (ACTIVE) - Summary

Requires practitioners to check the controlled substance abuse registry before prescribing painkillers and directs the commissioner of public health to establish an enforcement system.

S5409A (ACTIVE) - Sponsor Memo

S5409A (ACTIVE) - Bill Text download pdf

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

                                 5409--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 18, 2011
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health --  recommitted  to
  the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to amend the public health law, in relation to requiring pharma-
  cists and practitioners to check the controlled substance abuse regis-
  try before prescribing analgesics

  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 controlled substance registry reform act".
  S 2. Section 3308 of the public health law is amended by adding a  new
subdivision 7 to read as follows:
  7.  THE  COMMISSIONER SHALL DEVELOP A SYSTEM TO ENSURE COMPLIANCE WITH
SECTION THIRTY-THREE HUNDRED TWENTY-THREE OF THIS ARTICLE.  SUCH  SYSTEM
SHALL, AT A MINIMUM:
  (A)  CROSS-CHECK  THE  PRESCRIPTIONS SUBMITTED BY PHARMACISTS WITH THE
PRACTITIONERS CONSULTING THE REGISTRY PURSUANT TO  SECTION  THIRTY-THREE
HUNDRED TWENTY-THREE OF THIS ARTICLE.
  (B) ESTABLISH AN APPROPRIATE FINE SCALE FOR PRACTITIONERS FOUND BY THE
DEPARTMENT  TO  NOT  BE  CONSULTING THE REGISTRY IN VIOLATION OF SECTION
THIRTY-THREE HUNDRED TWENTY-THREE OF THIS ARTICLE FOLLOWED BY MORE SERI-
OUS PUNISHMENTS FOR REPEAT OFFENSES.
  S 3. The public health law is amended by adding a new section 3323  to
read as follows:
  S  3323.  PRACTITIONERS'  AND PHARMACISTS' DUTIES PRIOR TO PRESCRIBING
ANALGESICS.  EVERY PRACTITIONER AND PHARMACIST SHALL, PRIOR TO PRESCRIB-
ING ANY ANALGESIC, CONSULT THE CENTRAL REGISTRY ESTABLISHED PURSUANT  TO
THIS ARTICLE TO DETERMINE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11567-06-1

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