S T A T E O F N E W Y O R K
________________________________________________________________________
10012
I N A S S E M B L Y
June 6, 2014
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Cymbrowitz)
-- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to prescription pain
medication and heroin awareness program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The section heading and subdivisions 1 and 2 of section
3309-a of the public health law, as added by section 52 of part D of
chapter 56 of the laws of 2012, subparagraphs (i), (ii) and (iii) of
paragraph (b) of subdivision 2 as amended and subparagraph (iv) of para-
graph (b) of subdivision 2 as added by section 1 of part D of chapter
447 of the laws of 2012, are amended to read as follows:
Prescription pain medication AND HEROIN awareness program. 1. There is
hereby established within the department a prescription pain medication
AND HEROIN awareness program to educate the public and health care prac-
titioners about the risks associated with [prescribing and taking
controlled substance pain medications] THESE SUBSTANCES.
2. Within the amounts appropriated, the commissioner, in consultation
with the commissioner of the office of alcoholism and substance abuse
services, shall:
(a) Develop and conduct a public health education [media] AWARENESS
campaign designed to REDUCE THE STIGMA ASSOCIATED WITH ADDICTION,
EDUCATE PROFESSIONALS AND NON-PROFESSIONALS ON HOW TO RECOGNIZE THE
SIGNS OF ADDICTION, AND alert youth, parents and the general population
about the risks associated with HEROIN AND prescription pain medications
[and], AS WELL AS the need to properly dispose of any unused medication.
In developing this campaign, the commissioner shall consult with and use
information provided by the work group established pursuant to [subdivi-
sion] PARAGRAPH (b) of this [section] SUBDIVISION and other relevant
professional organizations. The campaign shall [include] UTILIZE AT A
MINIMUM, SOCIAL AND MASS MEDIA, EDUCATIONAL PUBLIC FORUMS AND an inter-
net website providing information for parents, children and health care
professionals on the risks associated with taking opioids and resources
available to those needing assistance with HEROIN OR prescription pain
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15520-01-4
A. 10012 2
medication addiction. Such website shall [also] provide information
regarding where individuals may properly dispose of controlled
substances in their community and include active links to further infor-
mation and resources. IN ADDITION, SUCH WEBSITE SHALL ALSO INCLUDE
INFORMATION REGARDING THE OPIOID OVERDOSE PREVENTION PROGRAM PURSUANT TO
SECTION THIRTY-THREE HUNDRED NINE OF THIS TITLE AND THE GOOD SAMARITAN
LAW PURSUANT TO SECTIONS 220.03 AND 220.78 OF THE PENAL LAW AND SECTION
390.40 OF THE CRIMINAL PROCEDURE LAW. The campaign shall begin no later
than September first, two thousand twelve.
(b) Establish a work group, no later than June first, two thousand
twelve, which shall be composed of experts in the fields of palliative
and chronic care pain management and addiction medicine. Members of the
work group shall receive no compensation for their services, but shall
be allowed actual and necessary expenses in the performance of their
duties pursuant to this section. The work group shall:
(i) Report to the commissioner regarding the development of recommen-
dations and model courses for continuing medical education, refresher
courses and other training materials for licensed health care profes-
sionals on appropriate use of prescription pain medication, HOW TO
RECOGNIZE THE SIGNS OF ADDICTION THROUGH SCREENING, BRIEF INTERVENTION
AND REFERRAL TO TREATMENT, OR ANY OTHER EVIDENCE BASED MODELS AND THE
EFFECTIVE USE OF MEDICATED ASSISTED TREATMENT FOR HEROIN OR PRESCRIPTION
PAIN MEDICATION ADDICTION. Such recommendations, model courses and other
training materials shall be submitted to the commissioner, who shall
make such information available for the use in medical education, resi-
dency programs, fellowship programs, and for use in continuing medica-
tion education programs no later than January first, two thousand thir-
teen AND EVERY TWO YEARS THEREAFTER. Such recommendations also shall
include recommendations on: (A) educational and continuing medical
education requirements for practitioners appropriate to address
prescription pain medication awareness among health care professionals;
(B) continuing education requirements for pharmacists related to
prescription pain medication awareness; and (C) continuing education in
palliative care as it relates to pain management, for which purpose the
work group shall consult the New York state palliative care education
and training council;
(ii) No later than January first, two thousand thirteen, AND EVERY TWO
YEARS THEREAFTER, provide outreach and assistance to health care profes-
sional organizations to encourage and facilitate continuing medical
education training programs for their members regarding THE DETECTION OF
ADDICTION, appropriate prescribing practices for the best patient care
and the risks associated with overprescribing and underprescribing pain
medication;
(iii) Provide information to the commissioner for use in the develop-
ment and continued update of the public awareness campaign, including
information, resources, and active web links that should be included on
the website; and
(iv) Consider other issues deemed relevant by the commissioner,
including how to protect and promote the access of patients with a
legitimate need for controlled substances, particularly medications
needed for pain management by oncology patients, and whether and how to
encourage or require the use or substitution of opioid drugs that employ
tamper-resistance technology as a mechanism for reducing abuse and
diversion of opioid drugs.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.