S T A T E O F N E W Y O R K
________________________________________________________________________
6336
2015-2016 Regular Sessions
I N A S S E M B L Y
March 20, 2015
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Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to requiring baseline
and periodic and/or targeting drug testing to be utilized by clini-
cians prescribing prescription narcotic drugs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3331 of the public health law is amended by adding
a new subdivision 8 to read as follows:
8. (A) BASELINE AND PERIODIC AND/OR TARGETING DRUG TESTING SHALL BE
UTILIZED BY CLINICIANS PRESCRIBING PRESCRIPTION NARCOTIC DRUGS, AS
DEFINED BY SUBDIVISIONS (B) AND (C) OF SCHEDULE II OF SECTION
THIRTY-THREE HUNDRED SIX OF THIS ARTICLE, TO ESTABLISH A GENERAL ASSESS-
MENT FOR NEW PATIENTS AND IN MONITORING ADHERENCE TO EXISTING PATIENT
TREATMENT PLANS, AS WELL AS DETECTING THE USE OF NON-PRESCRIBED DRUGS.
(B) (I) TESTING SHALL BE REQUIRED PRIOR TO THE ISSUANCE OF THE INITIAL
PRESCRIPTION AND SHALL INCLUDE CONFIRMATORY OR QUANTITATIVE METHODS,
SUCH AS BUT NOT LIMITED TO LIQUID CHROMATOGRAPHY - MASS SPECTROMETRY
TECHNOLOGY.
(II) A CLINICIAN SHALL NOT ISSUE IN EXCESS OF A FOUR-DAY SUPPLY OF A
PRESCRIPTION NARCOTIC DRUG WITHOUT FIRST OBTAINING CONFIRMATORY OR QUAN-
TITATIVE TESTING RESULTS PRIOR TO AN INITIAL PRESCRIPTION BEING ISSUED.
(C) SUCH TESTING, AT A MINIMUM, SHALL OCCUR TWICE ANNUALLY. PATIENTS
BEING TREATED FOR ADDICTION SHALL BE TESTED AS FREQUENTLY AS NECESSARY
TO ENSURE THERAPEUTIC ADHERENCE.
(D) THE DEPARTMENT IS DIRECTED TO ENSURE THAT CONFIRMATORY AND QUANTI-
TATIVE CHROMATOGRAPHIC DRUG TESTING METHODOLOGIES ARE SUBJECT TO
REIMBURSEMENT FOR CLINICAL HEALTH CARE PROVIDERS, INCLUDING CLINICAL
LABORATORIES.
(E) FOR THE PURPOSES OF THIS SUBDIVISION, THE FOLLOWING DEFINITIONS
SHALL APPLY:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02534-01-5
A. 6336 2
(I) "BASELINE TESTING" MEANS THE INITIAL PATIENT ASSESSMENT THROUGH
URINE DRUG TESTING TO (1) IDENTIFY THE PRESENCE OF ILLICIT SUBSTANCES
PRIOR TO PRESCRIBING THE CONTROLLED MEDICATIONS, OR (2) CONFIRM THE
PRESENCE OR ABSENCE OF A PRESCRIBED DRUG OR DRUG CLASS.
(II) "PERIODIC TESTING" MEANS RANDOM URINE DRUG TESTING, AT RANDOM
VISITS WITH A RANDOM SELECTION OF DRUGS TO BE TESTED. THE FREQUENCY OF
PERIODIC TESTING SHALL BE BASED ON MEDICAL NECESSITY AND A COMPLETE
CLINICAL ASSESSMENT OF THE INDIVIDUAL PATIENT'S RISK POTENTIAL FOR ABUSE
AND DIVERSION.
(III) "TARGETED TESTING" MEANS A TEST ORDERED AT THE DISCRETION OF A
CLINICIAN, BASED ON OBSERVATION OF THE PATIENT AND RELATED CIRCUM-
STANCES, THAT ENHANCE CLINICAL DECISION MAKING.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.