senate Bill S2364

2013-2014 Legislative Session

Requires information on each prescription to be filed with the department of health and establishes a report on prescription patterns in the state

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to health
Jan 16, 2013 referred to health

S2364 - Bill Details

See Assembly Version of this Bill:
A4863
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §§3332 & 3371, add §§3375 & 3376, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
S5877

S2364 - Bill Texts

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Requires information on each prescription issued by a practitioner to be submitted to the department of health; grants an exemption from the confidentiality provisions for prescriptions when a disclosure is made to a pharmacist when a patient has obtained controlled substances from another pharmacist, thus indicating drug abuse or diversion; directs the department of health to establish a report on prescription patterns in the state; and establishes a safe disposal of prescription drugs task force.

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BILL NUMBER:S2364

TITLE OF BILL:
An act
to amend the public health law, in relation to filing of prescription
information with the department of health, disclosure of patient
information, establishing a report on prescription patterns in the state
and establishing a safe disposal of prescription drugs task force

PURPOSE:
This bill would help combat the problem of prescription drug abuse by
improving the quality of prescription data collected by the
Department of Health and making this data more accessible to
distributors and law enforcement officials. The bill would also set
up a task force to create comprehensive new rules regarding the
disposal of unused prescription drugs.

SUMMARY OF PROVISIONS:

Section 1: Amends Public Health Law section 3332 to mandate that
prescribers submit electronic records of prescriptions to the
department in such manner required by the commissioner.

Section 2: Amends Public Health Law section 3371 to allow for the
disclosure of patient prescription information to pharmacists and
institutional dispensers where circumstances indicate the possibility
of drug abuse or diversion.

Section 3: Amends the Public Health Law by adding two new sections to
the law:

The new section 3375 of the public health law mandates that the
department, in consultation with relevant law enforcement develop a
report on patterns of prescriptions in the state based on information
collected by the department. Once finalized, the report is to be
updated quarterly and made available upon request.

The new section 3376 of the public health law would establish the Safe
Disposal of Prescription Drug Task Force. The task force, which would
be comprised of fourteen members and chaired by the commissioner,
will work to assess existing laws and regulations on the disposal of
expired or unused prescription drugs, assess the evidence regarding
the role of unused prescriptions on diversion and possible health
effects from current ways of disposing of these drugs, examine what
regulatory and
legal changes would have to be made to enact a new statewide system
for the disposal of these drugs, and within nine months of their
first convening the task force shall present the governor and the
legislature with their report and proposals for possible new programs
governing the safe disposal of prescription drugs.

JUSTIFICATION:
There has been a very dramatic rise in the abuse of prescription drugs
in the last decade. The numbers are striking - in 1998, admissions
for drug abuse treatment of pain relievers accounted for 1% of
admissions and by 2008 that had gone up to 5.6%. According to the


2008 National Survey on Drug use showed that prescription pain
killers were the second most abused drug in those over 12 years old
after marijuana. In fact, drug overdoses had become the second
highest source of injury deaths in the United States by 2007,
surpassing homicides and suicides, and second only to car accidents
and prescription drug overdoses account for the great bulk of that
increase. Between 1997 and 2007 fatal heroin overdoses have remained
relatively steady around 2,000 and cocaine overdoses have risen from
around 4,000 a year to around 6,000. In comparison, Prescription
opioid pain killer overdoses have risen from 2,900 to 11,500, a 296%
increase.

This epidemic has hit both the young and the old. Surveys by the
Partnership for a Drug Free America have shown that 20% of teenagers
surveyed reported having used a prescription painkiller for
non-medical purposes. Information from the National survey and Drug
Use and Health has shown that by 2009 close to 4% of adults over 50
years old reported using prescription drugs for non-medical purposes,
a figure that had risen from 2.2% in 2004.

While New York has not suffered as badly as other States, with a rate
of accidental drug overdose deaths per 100,000 residents lower than
the national average, that does not mean that the State has escaped
the problems that come along with prescription drug abuse. Testimony
by Bridget Brennan, the special Narcotics Prosecutor for NYC in front
of the Public Safety committee of the NYC council illuminates the
scope of the problem. According to Ms. Brennan, there were a million
prescriptions for Oxycontin alone (not counting any other opioid pain
killer) filled in NYC in 2010. This represented a 97% increase over
the last 3 years, with the highest increases in Brooklyn and the
Bronx (where prescriptions grew by over 100% in those three years).
Just as nationally the increased use of these drugs has led to
increased deaths, in NYC the increase in use has led to an increase
in crimes related to prescription drug diversion. According to Ms.
Brennan, in 2007 6% of her office's caseload was related to
prescription drugs. In 2010, 15% of their caseload was related to
prescription drugs. She highlighted a growing connection between
prescription drugs and guns by noting a couple of cases in which
raids found arsenals of weapons along with prescription drugs.

In order to combat this growing threat, New York State needs to
implement new procedures that will enhance the ability of health care
professionals, the department of health, and law enforcement to deal
with the problem of prescription drug abuse. An important step we can
take is to require that not only dispensers but also physicians
transmit electronic
records of prescriptions to the department of health. This additional
data would assist in finding cases where individuals might be
submitting forged prescriptions in order to gain access to
prescription drugs. The bill would also give pharmacists and
institutional dispensers access to patient prescription drug
information in order for them to combat the scourge of individuals
conducting "doctor shopping."

The department of health would have to develop a report analyzing the
prescription drug data it collects in order to highlight patters that
might expose instances of prescription drug diversion. By regularly


having to update this report, the department will be better able to
spot possible dangerous patterns sooner and will be able to work with
law enforcement officials in a more effective manner to uncover
circumstances of diversion.

Finally, this legislation would establish the safe disposal of
prescription drug task force. Studies like the 2008 National Survey
on Drug Use and Health have shown that left-over and unused
prescription drugs are one source of illegally diverted prescription
drugs. Many localities and organizations conduct drug collection
events that bring in substantial amounts of drugs, which shows that
many individuals hold on to unused prescriptions until they find a
trustworthy method of disposing of them. The state should be
proactive and create a system by which individuals can dispose of
unused prescriptions without having to wait for some organization to
set up an event.

LEGISLATIVE HISTORY:; 2012 - S. 5877 - Referred to
Health Committee

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law; provided that, effective
immediately, any rules and regulations necessary to implement the
provisions of this act on its effective date are authorized and
directed to be completed on or before such date.

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

                                  2364

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sen.  KLEIN  -- 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  filing  of
  prescription  information with the department of health, disclosure of
  patient information, establishing a report on prescription patterns in
  the state and establishing a safe disposal of prescription drugs  task
  force

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

  Section 1. Section 3332 of the public health law is amended by  adding
a new subdivision 5 to read as follows:
  5.  THE  PRACTITIONER SHALL FILE THE INFORMATION INCLUDED ON EACH SUCH
PRESCRIPTION WITH THE DEPARTMENT BY ELECTRONIC  MEANS  IN  SUCH  MANNER,
FORM  AND  DETAIL AS SHALL BE REQUIRED BY REGULATIONS PROMULGATED BY THE
COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION.
  S 2. Paragraph (f) of subdivision 1 of  section  3371  of  the  public
health  law,  as added by section 4 of part A of chapter 447 of the laws
of 2012, is amended to read as follows:
  (f) to a pharmacist OR INSTITUTIONAL DISPENSER to provide  information
regarding prescriptions for controlled substances presented to the phar-
macist OR INSTITUTIONAL DISPENSER for the purposes of subdivision two of
this  section  and  to  facilitate the department's review of individual
challenges to the accuracy of controlled substances  histories  pursuant
to subdivision six of section thirty-three hundred forty-three-a of this
article;
  S  3. The public health law is amended by adding two new sections 3375
and 3376 to read as follows:
  S 3375. REPORT ON PRESCRIPTION PATTERNS IN THE STATE. 1.  THE  DEPART-
MENT  SHALL  DEVELOP  A DRAFT REPORT USING EXISTING PRESCRIPTION DATA IN
ORDER  TO  IDENTIFY  ANY  POSSIBLE  PATTERNS  IN  THE  PRESCRIPTION   OF
CONTROLLED  SUBSTANCES  WITHIN THE STATE, SPECIFICALLY AIMED AT EXPOSING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06718-01-3

S. 2364                             2

ANY  PATTERNS  THAT  SUGGEST  CASES  OF  THE  DIVERSION  OF   CONTROLLED
SUBSTANCES.  THE DEPARTMENT SHALL CONSULT WITH THE DEPARTMENT OF LAW AND
ANY RELEVANT LAW ENFORCEMENT AGENCIES AND OFFICES IN THE  STATE  IN  THE
DEVELOPMENT OF SUCH DRAFT REPORT.
  2.  UPON  APPROVAL  OF THE DRAFT REPORT, THE DEPARTMENT SHALL MAKE THE
REPORT AVAILABLE TO LAW ENFORCEMENT AGENCIES UPON REQUEST.
  3. THE DEPARTMENT SHALL UPDATE SUCH REPORT ON A QUARTERLY BASIS.
  4. NOTHING IN THIS SECTION SHALL BE DEEMED TO AUTHORIZE THE DISCLOSURE
OF  INFORMATION  OTHERWISE  PROHIBITED  BY  FEDERAL  LAW  OR  ANY  OTHER
PROVISION OF THIS CHAPTER.
  S  3376.  SAFE  DISPOSAL OF PRESCRIPTION DRUGS TASK FORCE. 1. THERE IS
HEREBY ESTABLISHED, IN THE DEPARTMENT, A SAFE DISPOSAL  OF  PRESCRIPTION
DRUGS TASK FORCE. SUCH TASK FORCE SHALL BE COMPOSED OF FOURTEEN MEMBERS,
WHICH  SHALL  INCLUDE THE COMMISSIONER OR HIS OR HER DESIGNEE, AND THIR-
TEEN MEMBERS APPOINTED BY THE COMMISSIONER. OF THE MEMBERS APPOINTED  BY
THE  COMMISSIONER,  A MEMBER SHALL BE APPOINTED FROM EACH OF THE FOLLOW-
ING: THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE  OF  THE  CITY  OF  NEW
YORK, A PUBLIC HEALTH OFFICER, THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION,  THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES, A PHARMACIST OR A
MEMBER OF A TRADE ORGANIZATION REPRESENTING PHARMACISTS, A PHYSICIAN  OR
A  MEMBER  OF A TRADE ASSOCIATION REPRESENTING PHYSICIANS, A PERSON WITH
EXPERTISE IN HOSPITAL ADMINISTRATION, A REPRESENTATIVE OF THE PHARMACEU-
TICAL INDUSTRY, A PERSON WITH  EXPERTISE  IN  WASTE  MANAGEMENT,  A  LAW
ENFORCEMENT  OFFICIAL,  AND  A  PERSON WITH EXPERTISE IN TOXICOLOGY. THE
COMMISSIONER OR HIS OR HER DESIGNEE SHALL  BE  THE  CHAIR  OF  THE  TASK
FORCE.
  2.  THE  MEMBERS  OF  THE TASK FORCE SHALL SERVE WITHOUT COMPENSATION,
PROVIDED, HOWEVER, THAT THE MEMBERS APPOINTED BY THE COMMISSIONER  SHALL
BE  ALLOWED THEIR NECESSARY AND ACTUAL EXPENSES INCURRED IN THE PERFORM-
ANCE OF THEIR DUTIES PURSUANT TO THIS SECTION.
  3. THE TASK FORCE SHALL:
  (A) ASSESS EXISTING LAWS, ESPECIALLY THIS CHAPTER, THE PENAL  LAW  AND
THE  ENVIRONMENTAL  CONSERVATION LAW, AND EXISTING REGULATIONS GOVERNING
THE ABILITY OF INDIVIDUALS AND ORGANIZATIONS OR FACILITIES TO DISPOSE OF
EXPIRED OR UNUSED PRESCRIPTION DRUGS;
  (B) EXAMINE ALL AVAILABLE EVIDENCE AND SCIENTIFIC  EVIDENCE  REGARDING
THE  DIVERSION  OF  EXPIRED  OR UNUSED PRESCRIPTION DRUGS AS WELL AS ANY
EVIDENCE REGARDING THE POSSIBLE  HEALTH  CONSEQUENCES  OF  THE  EXISTING
METHODS OF DISPOSAL OF EXPIRED OR UNUSED PRESCRIPTION DRUGS;
  (C) DETERMINE POSSIBLE LEGISLATIVE AND REGULATORY CHANGES NECESSARY TO
ENACT  ANY  PROGRAM  DESIGNED  TO  FACILITATE THE DISPOSAL OF EXPIRED OR
UNUSED PRESCRIPTION DRUGS IN A SAFE AND SECURE MANNER; AND
  (D) PREPARE PROPOSALS BASED ON ITS FINDINGS  FOR  STATE-WIDE  PROGRAMS
THAT  WOULD  IMPROVE  UPON  EXISTING RULES AND REGULATIONS GOVERNING THE
DISPOSAL OF EXPIRED OR UNUSED PRESCRIPTION DRUGS.
  4. THE TASK FORCE SHALL WITHIN NINE MONTHS OF FIRST CONVENING, PREPARE
AND SUBMIT A REPORT TO THE GOVERNOR  AND  THE  LEGISLATURE  WHICH  SHALL
INCLUDE  ITS  FINDINGS  ON  THE  EXISTING LEGAL AND REGULATORY FRAMEWORK
GOVERNING THE DISPOSAL OF EXPIRED  OR  UNUSED  PRESCRIPTION  DRUGS,  THE
HEALTH  AND SAFETY DANGERS CREATED BY DIVERSION OF THESE DRUGS AND THEIR
CURRENT MANNER OF DISPOSAL, AND  CHANGES  NECESSARY  TO  ENACT  ANY  NEW
SYSTEM OR PROGRAM FOR THE SAFE DISPOSAL OF PRESCRIPTION DRUGS.
  5.  THE  TASK  FORCE  SHALL  CONSULT  WITH ANY ORGANIZATION, EDUCATION
INSTITUTION, GOVERNMENT AGENCY OR INDIVIDUAL POSSESSING RELEVANT  INFOR-
MATION OR EXPERTISE.

S. 2364                             3

  S  4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided that  section
two  of  this  act  shall  take  effect on the same date and in the same
manner as section 4 of part A of chapter 447 of the laws of  2012  takes
effect;  and  provided,  further, that, effective immediately, any rules
and regulations necessary to implement the provisions of this act on its
effective date are authorized and directed to be completed on or  before
such date.

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