senate Bill S483

2013-2014 Legislative Session

Relates to continuing medical education requirements for doctors, nurses and pharmacists

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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 higher education
Jan 09, 2013 referred to higher education

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S483 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Add §§6524-a & 6905-a, amd §6827, Ed L
Versions Introduced in 2011-2012 Legislative Session:
S6180

S483 - Bill Texts

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Relates to continuing medical education requirements for doctors, nurses and pharmacists; requires three hours of training on the prevention, treatment and mitigation of opiate analgesics and psychotropic drug addiction.

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BILL NUMBER:S483

TITLE OF BILL:
An act
to amend the education law, in relation to continuing medical education
for doctors, nurses and pharmacists

PURPOSE:
This bill requires that doctors, nurses, and pharmacists complete at
least 3 hours of continuing education on opiate analgesics and
psychotropic drugs each year.

SUMMARY OF PROVISIONS:
Section 1 defines this bill as the Michael David Israel Physician
Training Law.

Section 2 adds a new section to the education law that requires that
all physicians complete three hours of continuing education on the
prescription of opiate analgesics and psychotropic drugs and the
risks of addiction to such drugs. Section 2 also defines opiate
analgesics and psychotropic drugs.

Section 3 adds a new section to the education law that requires that
all nurses complete three hours of continuing education on the
prescription of opiate analgesics and psychotropic drugs and the
risks of addiction to such drugs. Section 3 also defines opiate
analgesics and psychotropic drugs.

Section 4 amends a section to the education law that requires that
at least 3 hours of a pharmacist's 45 hours of continuing education
every 3 years be dedicated to courses on the prevention, treatment,
and mitigation of opiate analgesics and psychotropic drug addiction.

Section 5 allows for prorated continuing education requirements for
new pharmacists.

Section 6 is the enacting clause.

JUSTIFICATION:
Michael David Israel, the son of Avi and Julie Israel, was one of many
young people across New York State who battled with prescription drug
abuse. On June 4, 2011 Michael David Israel tragically took his
own life.

Michael's story is not a unique one. Nationally deaths from
prescription opiates have tripled since 1999, and overdoses from
prescription opiates now hospitalize more people each year than
cocaine or heroin.
Additionally, in a recent University at Buffalo study of 75 addicts,
41 percent reported their addiction began with medicine prescribed
legally by their doctors.

The rate at which doctors are prescribing opiates is also alarming. In
New York State 37 prescriptions are written for hydrocodone,
fentanyl, and oxycodone for every 100 New Yorkers. In Western New


York that rate is almost double, with 65 prescriptions being written
for every 100 residents.

These statistics are concerning, and in some regards alarming. This
bill would require medical professionals to continue to receive
training and education on the dangers of opiate abuse and addiction
as well as strategies to migrate patients from highly addictive pain
management solutions to lower risk pain management solutions.

As new drugs and strategies continue to be developed, it is
important that medical professionals stay up to date on this
growing epidemic.

LEGISLATIVE HISTORY:
2012: S.6180/A.9102 Referred to Higher Education

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect immediately.

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                    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.

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