NY State Senate Bill 2011-S5890

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to health
Sep 14, 2011	referred to rules

2011-S5890 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§3308 & 3371, add §3323, Pub Health L

2011-S5890 (ACTIVE) - Summary

Provides pharmacists access to New York's prescription drug monitoring program resources and requires practitioners and pharmacists to check the controlled substance abuse registry before prescribing analgesics.

2011-S5890 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5890         REVISED 12/28/11

TITLE OF BILL:
An act
to amend
the public health law, in relation to providing pharmacists access to
New York's prescription drug monitoring program resources and requiring
practitioners and pharmacists to check the controlled substance abuse
registry before prescribing analgesics

PURPOSE:
This bill requires practitioners and pharmacists to check the
controlled substance abuse registry before prescribing pain killers
to help crack down on pain killer abuse.

SUMMARY OF PROVISIONS:
Section 1 amends section 3308 of the public health law by adding a new
subdivision 7 to require the commissioner of health to develop a
system to ensure compliance with section 2 of this bill which
requires practitioners to check the controlled substance abuse
registry before writing a prescription and requires pharmacists to
check the controlled substance abuse registry before filling a
prescription.

Section 2 requires practitioners check the controlled substance
registry prior to prescribing any analgesics to determine what other

prescriptions the patient is taking, and if their prescription
history indicates a possibility of drug abuse. Section 2 also
requires pharmacists to check the controlled substance registry prior
to filling a prescription for any analgesics to determine what other
prescriptions the patient is taking, and if their prescription
history indicates a possibility of drug abuse.

Section 3 provides pharmacists access to New York's prescription drug
monitoring program resources.

JUSTIFICATION:
Abuse of prescription pain killers is a growing and dangerous problem
in our state. Fatalities as a result of prescription drug abuse have
grown so much that they now are more than the combined total
fatalities from the crack epidemic of the 1980s and the black tar
heroin epidemic of the 1970s.

Often abusers obtain several prescriptions from several different
doctors for the same ailment and then have all the prescriptions
filled at various pharmacy locations.

In order to help prevent this New York State has a Controlled
Substance Abuse Registry that is operated by the state Department of
Health and can be accessed by practitioners. However, currently there
is no requirement that practitioners check this registry prior to
prescribing pain medication to a patient. This bill would require
practitioners to check that registry to ensure that the patient is
not actively engaged in doctor shopping.


In addition, this bill opens the registry to pharmacists. Pharmacists
would be able learn of any suspicions of drug misuse, abuse or
diversion. This information could prove to be lifesaving whether for
individuals seeking to abuse prescription drugs or individuals who
have a complicated medical history. In addition to allowing
pharmacists access to the registry, this bill requires that
pharmacists check the registry before filling prescriptions.

In order to enforce these requirements, this bill would ensure that
the commissioner of the Department of Health develops an adequate
enforcement and fine schedule for practitioners and pharmacists who
fail to check this registry.

The need for these measures are highlighted by the tragic death of
Michael David Israel. Michael was a young, bright, and caring man who
struggled with an addiction with opiate painkillers prescribed for a
congenital condition.
Over the course of two months, Michael was prescribed 185 pills of
hydrocodone. He obtained such a large quantity of pills by getting
prescriptions from different doctors and getting the prescriptions
filled at different pharmacies. Everything that happened was legal.
Practitioners have no duty to check the Controlled Substance Abuse
Registry before prescribing.

Unfortunately, due to his addiction, Michael took his own life.
Had the measures proposed in this bill been in place, doctors and
pharmacists would have been able to identify Michael's growing
dependence on highly addictive painkillers. Steps could have been
taken to provide Michael with prompt treatment for his addiction.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
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.

2011-S5890 (ACTIVE) - Bill Text download pdf

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

                                  5890

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                           September 14, 2011
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the public health law, in relation to providing  pharma-
  cists  access  to  New  York's  prescription  drug  monitoring program
  resources and requiring practitioners and  pharmacists  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  AND  PHARMACISTS  CONSULTING  THE  REGISTRY  PURSUANT  TO
SECTION THIRTY-THREE HUNDRED TWENTY-THREE OF THIS ARTICLE.
  (B) ESTABLISH AN APPROPRIATE FINE SCALE FOR PRACTITIONERS  OR  PHARMA-
CISTS  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 SERIOUS 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'  AND  PHARMACISTS'  DUTIES  IN  RELATION   TO
PRESCRIPTION ANALGESICS. 1. EVERY PRACTITIONER SHALL, PRIOR TO PRESCRIB-
ING  ANY ANALGESIC, CONSULT THE CENTRAL REGISTRY ESTABLISHED PURSUANT TO
THIS ARTICLE TO DETERMINE:
  (A) WHAT OTHER PRESCRIPTIONS THE PATIENT BEING PRESCRIBED  SUCH  ANAL-
GESIC IS CURRENTLY TAKING;
  (B)  WHETHER  SUCH  PATIENT MAY BE UNDER TREATMENT WITH A PRESCRIPTION
ANALGESIC BY ANOTHER PRACTITIONER; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13436-01-1

S. 5890                             2

  (C) WHETHER SUCH PATIENT'S PRESCRIPTION HISTORY INDICATES A  POSSIBIL-
ITY OF DRUG ABUSE, ADDICTION OR DIVERSION.
  2.  EVERY  PHARMACIST  SHALL,  PRIOR TO FILLING A PRESCRIPTION FOR ANY
ANALGESIC, CONSULT THE CENTRAL REGISTRY  ESTABLISHED  PURSUANT  TO  THIS
ARTICLE TO DETERMINE:
  (A)  WHETHER  SUCH  PATIENT MAY BE UNDER TREATMENT WITH A PRESCRIPTION
ANALGESIC OBTAINED AT ANOTHER PHARMACY; AND
  (B) WHETHER SUCH PATIENT'S PRESCRIPTION HISTORY INDICATES A  POSSIBIL-
ITY OF DRUG ABUSE, ADDICTION OR DIVERSION.
  S  3.  Paragraphs  (d) and (e) of subdivision 1 of section 3371 of the
public health law, as amended by chapter 178 of the laws  of  2010,  are
amended and a new paragraph (f) is added to read as follows:
  (d) to a central registry established pursuant to this article; [and]
  (e) to a practitioner to inform him or her that a patient may be under
treatment with a controlled substance by another practitioner; OR
  (F)  TO  A  PHARMACIST  TO  INFORM  THE  PHARMACIST  THAT A PERSON WHO
PRESENTS OR HAS PRESENTED A PRESCRIPTION FOR ONE  OR  MORE  PRESCRIPTION
ANALGESICS   AT  THE  PHARMACY  MAY  HAVE  ALSO  OBTAINED  ONE  OR  MORE
PRESCRIPTION ANALGESICS FROM ANOTHER PHARMACY.
  S 4. 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.

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Senate Bill S5890

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Archive: Last Bill Status - In Senate Committee Health Committee

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2011-S5890 (ACTIVE) - Details

2011-S5890 (ACTIVE) - Summary

2011-S5890 (ACTIVE) - Sponsor Memo

2011-S5890 (ACTIVE) - Bill Text download pdf

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Sponsored By

Patrick M. Gallivan

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

2011-S5890 (ACTIVE) - Details

2011-S5890 (ACTIVE) - Summary

2011-S5890 (ACTIVE) - Sponsor Memo

2011-S5890 (ACTIVE) - Bill Text download pdf

Comments