S T A T E O F N E W Y O R K
________________________________________________________________________
483
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to continuing medical
education for doctors, nurses and pharmacists
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "Michael
David Israel physician training law".
S 2. The education law is amended by adding a new section 6524-a to
read as follows:
S 6524-A. MANDATORY CONTINUING MEDICAL EDUCATION. 1. ALL PHYSICIANS,
IN ORDER TO MAINTAIN THEIR LICENSE IN GOOD STANDING, MUST COMPLETE THREE
HOURS OF CONTINUING MEDICAL EDUCATION ON THE PRESCRIPTION OF OPIATE
ANALGESICS AND PSYCHOTROPIC DRUGS AND THE RISKS OF ADDICTION IN THEIR
ADMINISTRATION. THE CLASSES SHALL BE TAUGHT AND ADMINISTERED BY THE
OFFICE OF THE PROFESSIONS ACCORDING TO REGULATIONS SET BY THE COMMIS-
SIONER AND SHALL FOCUS ON THE PREVENTION, TREATMENT AND MITIGATION OF
SUCH ADDICTIONS.
2. FOR PURPOSES OF THIS SECTION:
A. "OPIATE ANALGESICS" SHALL MEAN THE MEDICINES BUPRENORPHINE, BUTOR-
PHANOL, CODEINE, HYDROCODONE, HYDROMORPHONE, LEVORPHANOL, MEPERIDINE,
METHADONE, MORPHINE, NALBUPHINE, OXYCODONE, OXYMORPHONE, PENTAZOCINE AND
PROPOXYPHENE AS WELL AS THEIR BRAND NAMES, ISOMERS AND COMBINATIONS.
B. "PSYCHOTROPIC DRUGS" SHALL MEAN ANY DRUG OR MEDICINE THAT AFFECTS
MENTAL ACTIVITY, BEHAVIOR OR PERCEPTION INCLUDING ANTI-PSYCHOTICS, ANTI-
DEPRESSANTS, ANTI-ANXIETY DRUGS OR ANXIOLYTICS AND HYPNOTICS.
S 3. The education law is amended by adding a new section 6905-a to
read as follows:
S 6905-A. MANDATORY CONTINUING MEDICAL EDUCATION. 1. ALL PHYSICIANS,
IN ORDER TO MAINTAIN THEIR LICENSE IN GOOD STANDING, MUST COMPLETE THREE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03046-01-3
S. 483 2
HOURS OF CONTINUING MEDICAL EDUCATION ON THE PRESCRIPTION OF OPIATE
ANALGESICS AND PSYCHOTROPIC DRUGS AND THE RISKS OF ADDICTION IN THEIR
ADMINISTRATION. THE CLASSES SHALL BE TAUGHT AND ADMINISTERED BY THE
OFFICE OF THE PROFESSIONS ACCORDING TO REGULATIONS SET BY THE COMMIS-
SIONER AND SHALL FOCUS ON THE PREVENTION, TREATMENT AND MITIGATION OF
SUCH ADDICTIONS.
2. FOR PURPOSES OF THIS SECTION:
A. "OPIATE ANALGESICS" SHALL MEAN THE MEDICINES BUPRENORPHINE, BUTOR-
PHANOL, CODEINE, HYDROCODONE, HYDROMORPHONE, LEVORPHANOL, MEPERIDINE,
METHADONE, MORPHINE, NALBUPHINE, OXYCODONE, OXYMORPHONE, PENTAZOCINE AND
PROPOXYPHENE AS WELL AS THEIR BRAND NAMES, ISOMERS AND COMBINATIONS.
B. "PSYCHOTROPIC DRUGS" SHALL MEAN ANY DRUG OR MEDICINE THAT AFFECTS
MENTAL ACTIVITY, BEHAVIOR OR PERCEPTION INCLUDING ANTI-PSYCHOTICS, ANTI-
DEPRESSANTS, ANTI-ANXIETY DRUGS OR ANXIOLYTICS AND HYPNOTICS.
S 4. Subdivision 2 of section 6827 of the education law, as amended by
chapter 21 of the laws of 2011, is amended to read as follows:
2. During each triennial registration period an applicant for regis-
tration shall complete a minimum of forty-five hours of acceptable
formal continuing education, as specified in subdivision four of this
section, provided that no more than twenty-two hours of such continuing
education shall consist of self-study courses AND PROVIDED THAT AT LEAST
THREE HOURS ARE DEDICATED TO COURSES ON THE PREVENTION, TREATMENT AND
MITIGATION OF OPIATE ANALGESIC AND PSYCHOTROPIC DRUG ADDICTION, AS SUCH
TERMS ARE DEFINED IN SECTION SIXTY-FIVE HUNDRED TWENTY-FOUR-A OF THIS
TITLE. Any pharmacist participating in collaborative drug therapy
management pursuant to section six thousand eight hundred one-a of this
article shall complete at least five hours of acceptable formal continu-
ing education in the area or areas of practice generally related to any
collaborative drug therapy management protocols to which the pharmacist
may be subject. Any pharmacist whose first registration date following
the effective date of this section occurs less than three years from
such effective date, but on or after January first, nineteen hundred
ninety-eight, shall complete continuing education hours on a prorated
basis at the rate of one and one-quarter hours per month for the period
beginning January first, nineteen hundred ninety-seven up to the first
registration date thereafter. A licensee who has not satisfied the
mandatory continuing education requirements shall not be issued a trien-
nial registration certificate by the department and shall not practice
unless and until a conditional registration certificate is issued as
provided for in subdivision three of this section. Continuing education
hours taken during one triennium may not be transferred to a subsequent
triennium.
S 5. Subdivision 2 of section 6827 of the education law, as added by
chapter 311 of the laws of 1996, is amended to read as follows:
2. During each triennial registration period an applicant for regis-
tration shall complete a minimum of forty-five hours of acceptable
formal continuing education, as specified in subdivision four of this
section, provided that no more than twenty-two hours of such continuing
education shall consist of self-study courses AND PROVIDED THAT AT LEAST
THREE HOURS ARE DEDICATED TO COURSES ON THE PREVENTION, TREATMENT AND
MITIGATION OF OPIATE ANALGESIC AND PSYCHOTROPIC DRUG ADDICTION, AS SUCH
TERMS ARE DEFINED IN SECTION SIXTY-FIVE HUNDRED TWENTY-FOUR-A OF THIS
TITLE. Any pharmacist whose first registration date following the
effective date of this section occurs less than three years from such
effective date, but on or after January first, nineteen hundred ninety-
eight, shall complete continuing education hours on a prorated basis at
S. 483 3
the rate of one and one-quarter hours per month for the period beginning
January first, nineteen hundred ninety-seven up to the first registra-
tion date thereafter. A licensee who has not satisfied the mandatory
continuing education requirements shall not be issued a triennial regis-
tration certificate by the department and shall not practice unless and
until a conditional registration certificate is issued as provided for
in subdivision three of this section. Continuing education hours taken
during one triennium may not be transferred to a subsequent triennium.
S 6. This act shall take effect immediately, provided however that the
amendments made to subdivision 2 of section 6827 of the education law
made by section four of this act shall be subject to the expiration and
reversion of such subdivision pursuant to section 5 of chapter 21 of the
laws of 2011, as amended, when upon such date the provisions of section
five of this act shall take effect and provided further, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized and
directed to be made and completed on or before such effective date.