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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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 (5)
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

Co-Sponsors

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S6745 - Details

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

S6745 - Summary

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.

S6745 - Sponsor Memo

S6745 - Bill Text download pdf

                    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.

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