senate Bill S6745

2011-2012 Legislative Session

Provides that the initial prescription or dispensing of a controlled substance for acute pain shall be limited to a 3 - 10 day supply

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Mar 29, 2012 advanced to third reading
Mar 28, 2012 2nd report cal.
Mar 27, 2012 1st report cal.467
Mar 16, 2012 referred to health

Votes

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Mar 27, 2012 - Health committee Vote

S6745
14
1
committee
14
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Health Committee Vote: Mar 27, 2012

nay (1)
aye wr (2)

Co-Sponsors

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S6745 - Bill Details

Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Amd §3331, Pub Health L; amd §§3216, 3221 & 4303, Ins L

S6745 - Bill Texts

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Provides that the initial prescription or dispensing of a controlled substance for acute pain shall be limited to a 3-10 day supply; prohibits the imposition of an additional health insurance copayment if a subsequent prescription is issued for an aggregate of not more than a 30 day supply of such controlled substance.

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BILL NUMBER:S6745

TITLE OF BILL:
An act to amend the public health law, in relation to limiting the
initial prescription of a controlled substance for the alleviation of
acute pain to between a three to ten day supply; and to amend the
insurance law, in relation to coverage of such prescriptions

PURPOSE OR GENERAL IDEA OF BILL:
This bill would limit the number of schedule II or III controlled
substance pain pills initially prescribed to someone suffering from
acute pain. This serves two important purposes: (1) it encourages
patients whose acute pain lasts longer than initially expected to
follow up with a doctor, and (2) it lessens the number of pills left
in medicine cabinets and available for diversion.

SUMMARY OF PROVISIONS:
Section 1 of the bill adds subsections (b) and (c) to Subdivision 5 of
section 3331 of the public health law. Subsection (b) permits
authorized practitioners, within the scope of their professional
opinion or discretion, to dispense between three and ten days of any
schedule II or III controlled substance to a patient suffering from
acute pain. Subsection (c), which provides a definition of acute pain.
The term encompasses accidental and intentional pain lasting only a
short or finite period of time. The subsection expressly excludes
chronic pain, cancer pain, or palliative care practices from the
definition of acute pain.

Sections 2 through 4 of the bill amend section 3216, 3221, and 4303 of
the insurance law respectively. The limitation shall apply only to the
amount of prescription drug constituting a thirty day supply,
including the limited supply provided pursuant to Subdivision 5 of
section 3331 of the public health law.

Section 5 of the bill provides for an effective date.

JUSTIFICATION:
Prescription drug abuse is a growing crisis in both New York State and
the country at large. In this state, there has been armed violence,
deaths by overdose and suicide, and increasing rates of addiction. To
address this crisis, the Senate Standing Committee on Health held two
Roundtables on the topic in August 2011 and February 2012. The
Roundtables included panelists from all aspects of this debate,
including law enforcement, doctors, addiction specialists, government
agencies, and family members who have lost loved ones to prescription
painkiller abuse. One overwhelming comment from these Roundtables
concerned the volume of prescription pain medicine sitting unattended
in medicine cabinets throughout the state.

In 2010, there were 22.5 million prescriptions issued for prescription
painkillers-not including refills-in New York State. That is more two
million more prescriptions written than there are citizens in this
state. This bill resolves two major recommendations from the
Roundtable, (a) eliminating excess medication for the treatment of
acute pain and (b) decreasing the volume of pills left in medicine
cabinets. Treating acute pain often involves patients recovering from


surgical procedures, short-term trauma, or dental procedures. By
definition, acute pain is also finite pain-with the exception of
certain situations involving terminal cancer pain. However, it is not
uncommon for a doctor to prescribe 30 pills for pain following a
dental procedure. Most patients will use 2-3 pills and the excess sits
in their medicine cabinets, where it runs the risk of diversion.
Recent news tells the story of teenagers taking whatever pills are
available in the home medicine cabinet and taking or selling them on
the street. Prescription painkillers are a wonderful tool, and allow
us to treat pain as never before in human history, but they are also
highly addictive.

This bill ameliorates the excess volume of pills on the street, but it
also provides better continuity of care. Acute pain can be a powerful
diagnostic tool for medical professionals. It is common for this form
of pain to follow various timelines. If pain worsens or lasts for a
longer time, it can be an important signal that something else is
happening. Providing excess medication helps patients dampen their
current pain, but it also prevents them from seeking additional
medical help that they might need. This bill limits the amount of
medication, so that patients feeling additional pain will seek medical
intervention earlier. The bill also ensures patients will only pay a
single copayment for the first 30 days of medication, even if the
medication comes in the form of several prescriptions over the course
of those 30 days.

PRIOR LEGISLATIVE HISTORY:
New bill

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
On the sixtieth day after it shall have become law.

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

                                  6745

                            I N  S E N A T E

                             March 16, 2012
                               ___________

Introduced  by  Sens. HANNON, GOLDEN, LARKIN, MARTINS, MAZIARZ, McDONALD
  -- 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  limiting  the
  initial  prescription of a controlled substance for the alleviation of
  acute pain to between a three to ten day  supply;  and  to  amend  the
  insurance law, in relation to coverage of such prescriptions

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

  Section 1. Subdivision 5 of section 3331 of the public health law,  as
amended  by  chapter  965  of  the  laws  of 1974, is amended to read as
follows:
  5. (A) No more than a thirty day supply or, pursuant to regulations of
the commissioner enumerating  conditions  warranting  specified  greater
supplies,  no more than a three month supply of a schedule II, III or IV
substance, as determined by the directed dosage and frequency of dosage,
may be dispensed by an authorized practitioner at one time.
  (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION, AN AUTHORIZED PRACTITIONER, WITHIN THE SCOPE OF HIS OR HER PROFES-
SIONAL  OPINION  OR  DISCRETION,  MAY DISPENSE OR PRESCRIBE NO MORE THAN
BETWEEN A THREE AND TEN DAY SUPPLY OF ANY SCHEDULE II OR III  CONTROLLED
SUBSTANCE TO AN ULTIMATE USER UPON THE INITIAL CONSULTATION OR TREATMENT
OF SUCH USER FOR ACUTE PAIN.  THEREAFTER, THE DISPENSING AND PRESCRIBING
OF  THE CONTROLLED SUBSTANCE SHALL BE SUBJECT TO THE PROVISIONS OF PARA-
GRAPH (A) OF THIS SUBDIVISION.
  (C) FOR THE PURPOSES OF THIS SUBDIVISION,  "ACUTE  PAIN"  MEANS  PAIN,
WHETHER  ACCIDENTAL  OR  INTENTIONAL,  THAT LASTS ONLY A SHORT OR FINITE
PERIOD OF TIME. SUCH TERM SHALL NOT INCLUDE CHRONIC PAIN, CANCER PAIN OR
PALLIATIVE CARE PRACTICES.
  S 2. Subsection (i) of section 3216 of the insurance law is amended by
adding a new paragraph 29 to read as follows:
  (29) NO POLICY DELIVERED OR ISSUED FOR DELIVERY IN  THIS  STATE  WHICH
PROVIDES  COVERAGE  FOR PRESCRIPTION DRUGS AND WHICH PROVIDES FOR COPAY-
MENTS BY COVERED PERSONS, SHALL IMPOSE UPON ANY COVERED PERSON,  WHO  IS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14760-04-2

S. 6745                             2

PRESCRIBED  A  LIMITED  AMOUNT  OF A PRESCRIPTION DRUG FOR ACUTE PAIN IN
ACCORDANCE  WITH  PARAGRAPH  (B)  OF   SUBDIVISION   FIVE   OF   SECTION
THIRTY-THREE  HUNDRED THIRTY-ONE OF THE PUBLIC HEALTH LAW, AN ADDITIONAL
COPAYMENT  IF  AN  AUTHORIZED PRESCRIBER, WITHIN THE SCOPE OF HIS OR HER
PROFESSIONAL OPINION, PRESCRIBES AN ADDITIONAL AMOUNT OF A  PRESCRIPTION
DRUG  FOR  ACUTE  PAIN,  AS DEFINED IN SUCH SUBDIVISION. THIS LIMITATION
SHALL APPLY ONLY TO THE AMOUNT OF PRESCRIPTION DRUG CONSTITUTING A THIR-
TY DAY SUPPLY, INCLUDING THE LIMITED SUPPLY PROVIDED  PURSUANT  TO  SUCH
PARAGRAPH.
  S 3. Subsection (k) of section 3221 of the insurance law is amended by
adding a new paragraph 18 to read as follows:
  (18)  NO  GROUP  OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
THE STATE WHICH PROVIDES  COVERAGE  FOR  PRESCRIPTION  DRUGS  AND  WHICH
PROVIDES  FOR  COPAYMENTS  BY  COVERED  PERSONS,  SHALL  IMPOSE UPON ANY
COVERED PERSON, WHO IS PRESCRIBED A LIMITED  AMOUNT  OF  A  PRESCRIPTION
DRUG FOR ACUTE PAIN IN ACCORDANCE WITH PARAGRAPH (B) OF SUBDIVISION FIVE
OF  SECTION THIRTY-THREE HUNDRED THIRTY-ONE OF THE PUBLIC HEALTH LAW, AN
ADDITIONAL COPAYMENT IF AN AUTHORIZED PRESCRIBER, WITHIN  THE  SCOPE  OF
HIS  OR  HER  PROFESSIONAL OPINION, PRESCRIBES AN ADDITIONAL AMOUNT OF A
PRESCRIPTION DRUG FOR ACUTE PAIN, AS DEFINED IN SUCH  SUBDIVISION.  THIS
LIMITATION  SHALL  APPLY ONLY TO THE AMOUNT OF PRESCRIPTION DRUG CONSTI-
TUTING A THIRTY DAY SUPPLY, INCLUDING THE LIMITED SUPPLY PROVIDED PURSU-
ANT TO SUCH PARAGRAPH.
  S 4. Section 4303 of the insurance law is  amended  by  adding  a  new
subsection (ii) to read as follows:
  (II) NO MEDICAL EXPENSE INDEMNITY CORPORATION, HOSPITAL SERVICE CORPO-
RATION  OR  HEALTH  SERVICE  CORPORATION  WHICH  PROVIDES  COVERAGE  FOR
PRESCRIPTION DRUGS AND WHICH PROVIDES FOR COPAYMENTS BY COVERED PERSONS,
SHALL IMPOSE UPON ANY COVERED PERSON, WHO IS PRESCRIBED A LIMITED AMOUNT
OF A PRESCRIPTION DRUG FOR ACUTE PAIN IN ACCORDANCE WITH  PARAGRAPH  (B)
OF  SUBDIVISION  FIVE  OF SECTION THIRTY-THREE HUNDRED THIRTY-ONE OF THE
PUBLIC HEALTH LAW, AN ADDITIONAL COPAYMENT IF AN AUTHORIZED  PRESCRIBER,
WITHIN THE SCOPE OF HIS OR HER PROFESSIONAL OPINION, PRESCRIBES AN ADDI-
TIONAL  AMOUNT OF A PRESCRIPTION DRUG FOR ACUTE PAIN, AS DEFINED IN SUCH
SUBDIVISION.  THIS  LIMITATION  SHALL  APPLY  ONLY  TO  THE  AMOUNT   OF
PRESCRIPTION DRUG CONSTITUTING A THIRTY DAY SUPPLY, INCLUDING THE LIMIT-
ED SUPPLY PROVIDED PURSUANT TO SUCH PARAGRAPH.
  S  5.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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