Senate Bill S6091B

2015-2016 Legislative Session

Limits the initial prescription of a controlled substance for the alleviation of acute pain

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 17, 2016	referred to codes delivered to assembly passed senate
May 04, 2016	amended on third reading (t) 6091b
Feb 02, 2016	advanced to third reading
Feb 01, 2016	2nd report cal.
Jan 26, 2016	1st report cal.83
Jan 06, 2016	referred to health
Dec 09, 2015	print number 6091a
Dec 09, 2015	amend and recommit to rules
Nov 13, 2015	referred to rules

Votes

- May 17, 2016 - Floor Vote
  S6091B
  
  Aye
  
  54
  
  Nay
  
  4
  
  Absent
  
  0
  
  Excused
  
  5
  
  Abstained
  
  0
  - - Floor Vote: May 17, 2016
      
      aye (54)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Martins
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (4)
      
      Krueger
      
      Persaud
      
      Rivera
      
      Sanders Jr.
      
      excused (5)
      
      Breslin
      
      Diaz
      
      Marchione
      
      Nozzolio
      
      Seward
  Jan 26, 2016 - Health Committee Vote
  S6091B
  
  Aye
  
  13
  
  Nay
  
  2
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Health Committee Vote: Jan 26, 2016
      
      aye (13)
      
      Felder
      
      Golden
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Larkin
      
      Little
      
      Martins
      
      Murphy
      
      Seward
      
      Stavisky
      
      Valesky
      
      Young
      
      nay (2)
      
      Persaud
      
      Rivera
      
      aye wr (2)
      
      Farley
      
      Montgomery

Bill Amendments

Original

B (Active)

co-Sponsors

2015-S6091 - Details

See Assembly Version of this Bill:: A8601
Current Committee:: Assembly Codes
Law Section:: Public Health Law
Laws Affected:: Amd §3331, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6745
2013-2014: S2949, A10111

2015-S6091 - Summary

Limits the initial prescription of a controlled substance for the alleviation of acute pain.

2015-S6091 - Sponsor Memo

                                 BILL NUMBER:  S6091

 TITLE OF BILL :  An act to amend the public health law, in relation
to limiting the initial prescription of a controlled substance for the
alleviation of acute pain to between a three to ten day supply; and to
amend the insurance law, in relation to coverage of such prescriptions

 PURPOSE :

This bill would limit the number of schedule II or III controlled
substance pain pills initially prescribed to someone suffering from
acute pain. This serves two important purposes: (1) it encourages
patients whose acute pain lasts longer than initially expected to
follow up with a doctor, and (2) it lessens the number of pills left
in medicine cabinets and available for diversion.

 SUMMARY OF PROVISIONS :

Section 1 of the bill adds Public Health Law Sec. 3331(5)(b) and (c).
Subsection (b) permits authorized practitioners, within the scope of
their professional opinion or discretion, to dispense between three
and ten days of any schedule II or III controlled substance to a
patient suffering from acute pain. Subsection (c) provides a
definition of acute pain. The term encompasses accidental and
intentional pain lasting only a short or finite period of time. The
subsection expressly excludes chronic pain, cancer pain, or palliative

care practices from the definition of acute pain.

Sections 2 through 4 of the bill amend section 3216, 3221, and 4303 of
the Insurance Law respectively. These sections prohibit additional
co-payments for prescriptions prescribed pursuant to Public Health Law
Sec. 3331(5)(b). The limitation shall apply only to the amount of
prescription drug constituting a thirty day supply, including the
limited supply provided pursuant to Subdivision 5 of section 3331 of
the public health law.

Section 5 of the bill provides for an effective date.

 JUSTIFICATION :

Prescription drug abuse is a growing crisis in both New York State and
the country at large. In this state, there has been armed violence,
deaths by overdose and suicide, and increasing rates of addiction. To
address this crisis, the Senate Standing Committee on Health held two
Roundtables on the topic in August 2011 and February 2012. The
Roundtables included panelists from all aspects of this debate,
including law enforcement, doctors, addiction specialists, government
agencies, and family members who have lost loved ones to prescription
painkiller abuse. A persistent theme from these Roundtables was the
concern regarding the volume of prescription pain medicine sitting
unattended in medicine cabinets throughout the state.

In 2010, there were 22.5 million prescriptions issued for prescription
painkillers, not including refills in New York State. That is more
than two million more prescriptions written than there are citizens in
this state. This bill addresses two major recommendations from the
Roundtable, (1) eliminating excess medication for the treatment of
acute pain and (2) decreasing the volume of pills left in medicine
cabinets. Treating acute pain often involves patients recovering from
surgical procedures, short-term trauma, or dental procedures. By
definition, acute pain is also finite pain-with the exception of
certain situations involving terminal cancer pain. However, it is not
uncommon for a doctor to prescribe 30 pills for pain following a
dental procedure. Most patients will use 2-3 pills and the excess sits
in their medicine cabinets, where it runs the risk of diversion.
Approximately 70% of prescription painkiller abusers get their drugs
from a family member or friend. Recent news tells the story of
teenagers taking whatever pills are available in the home medicine
cabinet and taking or selling them on the street. Prescription
painkillers are a wonderful tool, and allow us to treat pain as never
before in human history, but they are also highly addictive.

This bill ameliorates the excess volume of pills on the street, while
also providing better continuity of care. Acute pain can be a powerful
diagnostic tool for medical professionals. It is common for this form
of pain to follow various timelines. If pain worsens or lasts for a
longer time, it can be an important signal that something else is
happening. Providing excess medication helps patients dampen their
current pain, but it also prevents them from seeking additional
medical help that they might need. This bill limits the amount of
medication, so that patients feeling additional pain will seek medical
intervention earlier. The bill also ensures patients will only pay a
single co-payment for the first 30 days of medication, even if the
medication comes in the form of several prescriptions over the course
of those 30 days.

 LEGISLATIVE HISTORY :

2013-14: S.2949A - Passed Senate
2012: S.6745

 FISCAL IMPLICATIONS :

none

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become a law.

2015-S6091 - Bill Text download pdf

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

                                  6091

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            November 13, 2015
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the public health  law,  in  relation  to  limiting  the
  initial  prescription of a controlled substance for the alleviation of
  acute pain to between a three to ten day  supply;  and  to  amend  the
  insurance law, in relation to coverage of such prescriptions

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

  Section 1. Subdivision 5 of section 3331 of the public health law,  as
amended  by  chapter  965  of  the  laws  of 1974, is amended to read as
follows:
  5. (A) No more than a thirty day supply or, pursuant to regulations of
the commissioner enumerating  conditions  warranting  specified  greater
supplies,  no more than a three month supply of a schedule II, III or IV
substance, as determined by the directed dosage and frequency of dosage,
may be dispensed by an authorized practitioner at one time.
  (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION, AN AUTHORIZED PRACTITIONER, WITHIN THE SCOPE OF HIS OR HER PROFES-
SIONAL  OPINION  OR  DISCRETION,  MAY DISPENSE OR PRESCRIBE NO MORE THAN
BETWEEN A THREE AND TEN DAY SUPPLY OF ANY SCHEDULE II OR III  CONTROLLED
SUBSTANCE TO AN ULTIMATE USER UPON THE INITIAL CONSULTATION OR TREATMENT
OF SUCH USER FOR ACUTE PAIN.  THEREAFTER, THE DISPENSING AND PRESCRIBING
OF  THE CONTROLLED SUBSTANCE SHALL BE SUBJECT TO THE PROVISIONS OF PARA-
GRAPH (A) OF THIS SUBDIVISION.
  (C) FOR THE PURPOSES OF THIS SUBDIVISION,  "ACUTE  PAIN"  MEANS  PAIN,
WHETHER  ACCIDENTAL  OR  INTENTIONAL,  THAT LASTS ONLY A SHORT OR FINITE
PERIOD OF TIME. SUCH TERM SHALL NOT INCLUDE CHRONIC PAIN, CANCER PAIN OR
PALLIATIVE CARE PRACTICES.
  S 2. Subsection (i) of section 3216 of the insurance law is amended by
adding a new paragraph 32 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03975-01-5

S. 6091                             2

  (32) NO POLICY DELIVERED OR ISSUED FOR DELIVERY IN  THIS  STATE  WHICH
PROVIDES  COVERAGE  FOR PRESCRIPTION DRUGS AND WHICH PROVIDES FOR COPAY-
MENTS BY COVERED PERSONS, SHALL IMPOSE UPON ANY COVERED PERSON,  WHO  IS
PRESCRIBED  A  LIMITED  AMOUNT  OF A PRESCRIPTION DRUG FOR ACUTE PAIN IN
ACCORDANCE   WITH   PARAGRAPH   (B)   OF  SUBDIVISION  FIVE  OF  SECTION
THIRTY-THREE HUNDRED THIRTY-ONE OF THE PUBLIC HEALTH LAW, AN  ADDITIONAL
COPAYMENT  IF  AN  AUTHORIZED PRESCRIBER, WITHIN THE SCOPE OF HIS OR HER
PROFESSIONAL OPINION, PRESCRIBES AN ADDITIONAL AMOUNT OF A  PRESCRIPTION
DRUG  FOR  ACUTE  PAIN,  AS DEFINED IN SUCH SUBDIVISION. THIS LIMITATION
SHALL APPLY ONLY TO THE AMOUNT OF PRESCRIPTION DRUG CONSTITUTING A THIR-
TY DAY SUPPLY, INCLUDING THE LIMITED SUPPLY PROVIDED  PURSUANT  TO  SUCH
PARAGRAPH.
  S 3. Subsection (k) of section 3221 of the insurance law is amended by
adding a new paragraph 20 to read as follows:
  (20)  NO  GROUP  OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
THE STATE WHICH PROVIDES  COVERAGE  FOR  PRESCRIPTION  DRUGS  AND  WHICH
PROVIDES  FOR  COPAYMENTS  BY  COVERED  PERSONS,  SHALL  IMPOSE UPON ANY
COVERED PERSON, WHO IS PRESCRIBED A LIMITED  AMOUNT  OF  A  PRESCRIPTION
DRUG FOR ACUTE PAIN IN ACCORDANCE WITH PARAGRAPH (B) OF SUBDIVISION FIVE
OF  SECTION THIRTY-THREE HUNDRED THIRTY-ONE OF THE PUBLIC HEALTH LAW, AN
ADDITIONAL COPAYMENT IF AN AUTHORIZED PRESCRIBER, WITHIN  THE  SCOPE  OF
HIS  OR  HER  PROFESSIONAL OPINION, PRESCRIBES AN ADDITIONAL AMOUNT OF A
PRESCRIPTION DRUG FOR ACUTE PAIN, AS DEFINED IN SUCH  SUBDIVISION.  THIS
LIMITATION  SHALL  APPLY ONLY TO THE AMOUNT OF PRESCRIPTION DRUG CONSTI-
TUTING A THIRTY DAY SUPPLY, INCLUDING THE LIMITED SUPPLY PROVIDED PURSU-
ANT TO SUCH PARAGRAPH.
  S 4. Section 4303 of the insurance law is  amended  by  adding  a  new
subsection (oo) to read as follows:
  (OO) NO MEDICAL EXPENSE INDEMNITY CORPORATION, HOSPITAL SERVICE CORPO-
RATION  OR  HEALTH  SERVICE  CORPORATION  WHICH  PROVIDES  COVERAGE  FOR
PRESCRIPTION DRUGS AND WHICH PROVIDES FOR COPAYMENTS BY COVERED PERSONS,
SHALL IMPOSE UPON ANY COVERED PERSON, WHO IS PRESCRIBED A LIMITED AMOUNT
OF A PRESCRIPTION DRUG FOR ACUTE PAIN IN ACCORDANCE WITH  PARAGRAPH  (B)
OF  SUBDIVISION  FIVE  OF SECTION THIRTY-THREE HUNDRED THIRTY-ONE OF THE
PUBLIC HEALTH LAW, AN ADDITIONAL COPAYMENT IF AN AUTHORIZED  PRESCRIBER,
WITHIN THE SCOPE OF HIS OR HER PROFESSIONAL OPINION, PRESCRIBES AN ADDI-
TIONAL  AMOUNT OF A PRESCRIPTION DRUG FOR ACUTE PAIN, AS DEFINED IN SUCH
SUBDIVISION.  THIS  LIMITATION  SHALL  APPLY  ONLY  TO  THE  AMOUNT   OF
PRESCRIPTION DRUG CONSTITUTING A THIRTY DAY SUPPLY, INCLUDING THE LIMIT-
ED SUPPLY PROVIDED PURSUANT TO SUCH PARAGRAPH.
  S  5.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

co-Sponsors

View additional co-sponsors

2015-S6091A - Details

See Assembly Version of this Bill:: A8601
Current Committee:: Assembly Codes
Law Section:: Public Health Law
Laws Affected:: Amd §3331, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6745
2013-2014: S2949, A10111

2015-S6091A - Summary

Limits the initial prescription of a controlled substance for the alleviation of acute pain.

2015-S6091A - Sponsor Memo

                                 BILL NUMBER:  S6091A

 TITLE OF BILL :  An act to amend the public health law, in relation
to limiting the initial prescription of a controlled substance for the
alleviation of acute pain to between a three to ten day supply; and to
amend the insurance law, in relation to coverage of such prescriptions

 PURPOSE :  This bill would limit the number of schedule II or III
controlled substance pain pills initially prescribed to someone
suffering from acute pain. This serves two important purposes: (1) it
encourages patients whose acute pain lasts longer than initially
expected to follow up with a doctor, and (2) it lessens the number of
pills left in medicine cabinets and available for diversion.

 SUMMARY OF PROVISIONS :

Section 1 of the bill adds Public Health Law Sec. 3331(5)(b) and (c).
Subsection (b) permits authorized practitioners, within the scope of
their professional opinion or discretion, to dispense between three
and ten days of any schedule II or III controlled substance to a
patient suffering from acute pain. Subsection (c) provides a
definition of acute pain. The term encompasses accidental and
intentional pain lasting only a short or finite period of time. The
subsection expressly excludes chronic pain, cancer pain, or palliative
care practices from the definition of acute pain.

Sections 2 through 4 of the bill amend section 3216, 3221, and 4303 of
the Insurance Law respectively. These sections prohibit additional
co-payments for prescriptions prescribed pursuant to Public Health Law
Sec. 3331(5)(b). The limitation shall apply only to the amount of
prescription drug constituting a thirty day supply, including the
limited supply provided pursuant to Subdivision 5 of section 3331 of
the public health law.

Section 5 of the bill provides for an effective date.

 JUSTIFICATION :  Prescription drug abuse is a growing crisis in both
New York State and the country at large. In this state, there has been
armed violence, deaths by overdose and suicide, and increasing rates
of addiction. To address this crisis, the Senate Standing Committee on
Health held two Roundtables on the topic in August 2011 and February
2012. The Roundtables included panelists from all aspects of this
debate, including law enforcement, doctors, addiction specialists,
government agencies, and family members who have lost loved ones to
prescription painkiller abuse. A persistent theme from these
Roundtables was the concern regarding the volume of prescription pain
medicine sitting unattended in medicine cabinets throughout the state.

In 2010, there were 22.5 million prescriptions issued for prescription
painkillers, not including refills in New York State. That is more
than two million more prescriptions written than there are citizens in
this state. This bill addresses two major recommendations from the
Roundtable, (1) eliminating excess medication for the treatment of
acute pain and (2) decreasing the volume of pills left in medicine
cabinets. Treating acute pain often involves patients recovering from
surgical procedures, short-term trauma, or dental procedures. By
definition, acute pain is also finite pain-with the exception of
certain situations involving terminal cancer pain. However, it is not
uncommon for a doctor to prescribe 30 pills for pain following a
dental procedure. Most patients will use 2-3 pills and the excess sits
in their medicine cabinets, where it runs the risk of diversion.
Approximately 70% of prescription painkiller abusers get their drugs
from a family member or friend. Recent news tells the story of
teenagers taking whatever pills are available in the home medicine
cabinet and taking or selling them on the street. Prescription

painkillers are a wonderful tool, and allow us to treat pain as never
before in human history, but they are also highly addictive.

This bill ameliorates the excess volume of pills on the street, while
also providing better continuity of care. Acute pain can be a powerful
diagnostic tool for medical professionals. It is common for this form
of pain to follow various timelines. If pain worsens or lasts for a
longer time, it can be an important signal that something else is
happening. Providing excess medication helps patients dampen their
current pain, but it also prevents them from seeking additional
medical help that they might need. This bill limits the amount of
medication, so that patients feeling additional pain will seek medical
intervention earlier. The bill also ensures patients will only pay a
single co-payment for the first 30 days of medication, even if the
medication comes in the form of several prescriptions over the course
of those 30 days.

 LEGISLATIVE HISTORY :  2013-14: S.2949A - Passed Senate 2012: S.6745

 FISCAL IMPLICATIONS : none

 EFFECTIVE DATE :  This act shall take effect on the sixtieth day
after it shall have become a law.

2015-S6091A - Bill Text download pdf

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

                                 6091--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            November 13, 2015
                               ___________

Introduced  by  Sens.  HANNON, AMEDORE, MURPHY -- read twice and ordered
  printed, and when printed to be committed to the Committee on Rules --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  public  health law, in relation to limiting the
  initial prescription of a controlled substance for the alleviation  of
  acute  pain  to  between  a  three to ten day supply; and to amend the
  insurance law, in relation to coverage of such prescriptions

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

  Section  1. Subdivision 5 of section 3331 of the public health law, as
amended by chapter 965 of the laws  of  1974,  is  amended  to  read  as
follows:
  5. (A) No more than a thirty day supply or, pursuant to regulations of
the  commissioner  enumerating  conditions  warranting specified greater
supplies, no more than a three month supply of a schedule II, III or  IV
substance, as determined by the directed dosage and frequency of dosage,
may be dispensed by an authorized practitioner at one time.
  (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, AN AUTHORIZED PRACTITIONER, WITHIN THE SCOPE OF HIS OR HER PROFES-
SIONAL OPINION OR DISCRETION, MAY DISPENSE OR  PRESCRIBE  NO  MORE  THAN
BETWEEN  A THREE AND TEN DAY SUPPLY OF ANY SCHEDULE II OR III CONTROLLED
SUBSTANCE TO AN ULTIMATE USER UPON THE INITIAL CONSULTATION OR TREATMENT
OF SUCH USER FOR ACUTE PAIN.  THEREAFTER, THE DISPENSING AND PRESCRIBING
OF THE CONTROLLED SUBSTANCE SHALL BE SUBJECT TO THE PROVISIONS OF  PARA-
GRAPH (A) OF THIS SUBDIVISION.
  (C)  FOR  THE  PURPOSES  OF THIS SUBDIVISION, "ACUTE PAIN" MEANS PAIN,
WHETHER ACCIDENTAL OR INTENTIONAL, THAT LASTS ONLY  A  SHORT  OR  FINITE
PERIOD OF TIME. SUCH TERM SHALL NOT INCLUDE CHRONIC PAIN, CANCER PAIN OR
PALLIATIVE CARE PRACTICES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03975-03-5

S. 6091--A                          2

  S 2. Subsection (i) of section 3216 of the insurance law is amended by
adding a new paragraph 32 to read as follows:
  (32)  NO  POLICY  DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE WHICH
PROVIDES COVERAGE FOR PRESCRIPTION DRUGS AND WHICH PROVIDES  FOR  COPAY-
MENTS  BY  COVERED PERSONS, SHALL IMPOSE UPON ANY COVERED PERSON, WHO IS
PRESCRIBED A LIMITED AMOUNT OF A PRESCRIPTION DRUG  FOR  ACUTE  PAIN  IN
ACCORDANCE   WITH   PARAGRAPH   (B)   OF  SUBDIVISION  FIVE  OF  SECTION
THIRTY-THREE HUNDRED THIRTY-ONE OF THE PUBLIC HEALTH LAW, AN  ADDITIONAL
COPAYMENT  IF  AN  AUTHORIZED PRESCRIBER, WITHIN THE SCOPE OF HIS OR HER
PROFESSIONAL OPINION, PRESCRIBES AN ADDITIONAL AMOUNT OF A  PRESCRIPTION
DRUG  FOR  ACUTE  PAIN,  AS DEFINED IN SUCH SUBDIVISION. THIS LIMITATION
SHALL APPLY ONLY TO THE AMOUNT OF PRESCRIPTION DRUG CONSTITUTING A THIR-
TY DAY SUPPLY, INCLUDING THE LIMITED SUPPLY PROVIDED  PURSUANT  TO  SUCH
PARAGRAPH.
  S 3. Subsection (k) of section 3221 of the insurance law is amended by
adding a new paragraph 20 to read as follows:
  (20)  NO  GROUP  OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
THE STATE WHICH PROVIDES  COVERAGE  FOR  PRESCRIPTION  DRUGS  AND  WHICH
PROVIDES  FOR  COPAYMENTS  BY  COVERED  PERSONS,  SHALL  IMPOSE UPON ANY
COVERED PERSON, WHO IS PRESCRIBED A LIMITED  AMOUNT  OF  A  PRESCRIPTION
DRUG FOR ACUTE PAIN IN ACCORDANCE WITH PARAGRAPH (B) OF SUBDIVISION FIVE
OF  SECTION THIRTY-THREE HUNDRED THIRTY-ONE OF THE PUBLIC HEALTH LAW, AN
ADDITIONAL COPAYMENT IF AN AUTHORIZED PRESCRIBER, WITHIN  THE  SCOPE  OF
HIS  OR  HER  PROFESSIONAL OPINION, PRESCRIBES AN ADDITIONAL AMOUNT OF A
PRESCRIPTION DRUG FOR ACUTE PAIN, AS DEFINED IN SUCH  SUBDIVISION.  THIS
LIMITATION  SHALL  APPLY ONLY TO THE AMOUNT OF PRESCRIPTION DRUG CONSTI-
TUTING A THIRTY DAY SUPPLY, INCLUDING THE LIMITED SUPPLY PROVIDED PURSU-
ANT TO SUCH PARAGRAPH.
  S 4. Section 4303 of the insurance law is  amended  by  adding  a  new
subsection (pp) to read as follows:
  (PP) NO MEDICAL EXPENSE INDEMNITY CORPORATION, HOSPITAL SERVICE CORPO-
RATION  OR  HEALTH  SERVICE  CORPORATION  WHICH  PROVIDES  COVERAGE  FOR
PRESCRIPTION DRUGS AND WHICH PROVIDES FOR COPAYMENTS BY COVERED PERSONS,
SHALL IMPOSE UPON ANY COVERED PERSON, WHO IS PRESCRIBED A LIMITED AMOUNT
OF A PRESCRIPTION DRUG FOR ACUTE PAIN IN ACCORDANCE WITH  PARAGRAPH  (B)
OF  SUBDIVISION  FIVE  OF SECTION THIRTY-THREE HUNDRED THIRTY-ONE OF THE
PUBLIC HEALTH LAW, AN ADDITIONAL COPAYMENT IF AN AUTHORIZED  PRESCRIBER,
WITHIN THE SCOPE OF HIS OR HER PROFESSIONAL OPINION, PRESCRIBES AN ADDI-
TIONAL  AMOUNT OF A PRESCRIPTION DRUG FOR ACUTE PAIN, AS DEFINED IN SUCH
SUBDIVISION.  THIS  LIMITATION  SHALL  APPLY  ONLY  TO  THE  AMOUNT   OF
PRESCRIPTION DRUG CONSTITUTING A THIRTY DAY SUPPLY, INCLUDING THE LIMIT-
ED SUPPLY PROVIDED PURSUANT TO SUCH PARAGRAPH.
  S  5.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

co-Sponsors

View additional co-sponsors

2015-S6091B (ACTIVE) - Details

See Assembly Version of this Bill:: A8601
Current Committee:: Assembly Codes
Law Section:: Public Health Law
Laws Affected:: Amd §3331, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6745
2013-2014: S2949, A10111

2015-S6091B (ACTIVE) - Summary

Limits the initial prescription of a controlled substance for the alleviation of acute pain.

2015-S6091B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6091B

 TITLE OF BILL :

An act to amend the public health law, in relation to limiting the
initial prescription of a controlled substance for the alleviation of
acute pain

 PURPOSE :

This bill would limit the number of schedule II or III controlled
substance pain pills initially prescribed to someone suffering from
acute pain. This serves two important purposes: (1) it encourages
patients whose acute pain lasts longer than initially expected to
follow up with a doctor, and (2) it lessens the number of pills left
in medicine cabinets and available for diversion.

 SUMMARY OF PROVISIONS :

Section 1 of the bill adds Public Health Law § 3331(5)(b) and (c).
Subsection (b) provides that practitioners may not prescribe more than
a five day supply of any schedule II or III controlled substance to a
patient suffering from acute pain. Subsection (c) provides a
definition of acute pain. The term encompasses accidental and
intentional pain lasting only a short or finite period of time. The
subsection expressly excludes chronic pain, cancer pain, and hospice

or other end-of-life care.

Sections 2 provides that the act shall take effect in 180 days from
its enactment.

 JUSTIFICATION :

Prescription drug abuse is a growing crisis in both New York State and
the country at large. In this state, there has been armed violence,
deaths by overdose and suicide, and increasing rates of addiction. To
address this crisis, the Senate Standing Committee on Health held two
Roundtables on the topic in August 2011 and February 2012. The
Roundtables included panelists from all aspects of this debate,
including law enforcement, doctors, addiction specialists, government
agencies, and family members who have lost loved ones to prescription
painkiller abuse. A persistent theme from these Roundtables was the
concern regarding the volume of prescription pain medicine sitting
unattended in medicine cabinets throughout the state.

In 2010, there were 22.5 million prescriptions issued for prescription
painkillers, not including refills in New York State. That is more
than two million more prescriptions written than there are citizens in
this state. This bill addresses two major recommendations from the
Roundtable, (1) eliminating excess medication for the treatment of
acute pain and (2) decreasing the volume of pills left in medicine
cabinets. Treating acute pain often involves patients recovering from
surgical procedures, short-term trauma, or dental procedures. By
definition, acute pain is also finite pain-with the exception of
certain situations involving terminal cancer pain. However, it is not
uncommon for a doctor to prescribe 30 pills for pain following a
dental procedure. Most patients will use 2-3 pills and the excess sits
in their medicine cabinets, where it runs the risk of diversion.
Approximately 70% of prescription painkiller abusers get their drugs
from a family member or friend. Recent news tells the story of
teenagers taking whatever pills are available in the home medicine
cabinet and taking or selling them on the street. Prescription
painkillers are a wonderful tool, and allow us to treat pain as never
before in human history, but they are also highly addictive.


This bill ameliorates the excess volume of pills on the street, while
also providing better continuity of care. Acute pain can be a powerful
diagnostic tool for medical professionals. It is common for this form
of pain to follow various timelines. If pain worsens or lasts for a
longer time, it can be an important signal that something else is
happening. Providing excess medication helps patients dampen their
current pain, but it also prevents them from seeking additional
medical help that they might need. This bill limits the amount of
medication, so that patients feeling additional pain will seek medical
intervention earlier.

 LEGISLATIVE HISTORY :

2012: S.6745
2014-15: S.2949-A

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
180 days after it shall have become law.

2015-S6091B (ACTIVE) - Bill Text download pdf

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

                                 6091--B
    Cal. No. 83

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            November 13, 2015
                               ___________

Introduced  by Sens. HANNON, AMEDORE, MARCHIONE, MURPHY, RITCHIE, SERINO
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Rules -- committee discharged, bill amended,  ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Health in accordance with Senate Rule 6, sec. 8 --
  reported favorably from said committee, ordered to  first  and  second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

AN ACT to amend the public health  law,  in  relation  to  limiting  the
  initial  prescription of a controlled substance for the alleviation of
  acute pain

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

  Section  1. Subdivision 5 of section 3331 of the public health law, as
amended by chapter 965 of the laws  of  1974,  is  amended  to  read  as
follows:
  5. (A) No more than a thirty day supply or, pursuant to regulations of
the  commissioner  enumerating  conditions  warranting specified greater
supplies, no more than a three month supply of a schedule II, III or  IV
substance, as determined by the directed dosage and frequency of dosage,
may be dispensed by an authorized practitioner at one time.
  (B)  A  PRACTITIONER  MAY NOT PRESCRIBE MORE THAN A FIVE DAY SUPPLY OF
ANY SCHEDULE II OR III CONTROLLED  SUBSTANCE  FOR  A  PATIENT  UPON  THE
INITIAL  CONSULTATION OR TREATMENT OF THE PATIENT FOR ACUTE PAIN.  AFTER
ISSUING THE INITIAL PRESCRIPTION AND EVALUATING THE PATIENT'S CONDITION,
THE PRACTITIONER MAY  ISSUE  ANY  APPROPRIATE  RENEWAL,  REFILL  OR  NEW
PRESCRIPTION FOR THE CONTROLLED SUBSTANCE OR OTHER DRUG FOR THE PATIENT.
  (C)  FOR  THE  PURPOSES  OF  THIS SUBDIVISION, "ACUTE PAIN" SHALL MEAN
PAIN, WHETHER RESULTING FROM DISEASE, ACCIDENTAL OR INTENTIONAL  TRAUMA,
OR  OTHER  CAUSE,  THAT  IS  REASONABLY EXPECTED TO LAST ONLY A SHORT OR
FINITE PERIOD OF TIME. SUCH TERM SHALL NOT INCLUDE  CHRONIC  PAIN,    OR

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

                                                           LBD03975-08-6

S. 6091--B                          2

PAIN  BEING TREATED AS PART OF CANCER CARE, HOSPICE OR OTHER END-OF-LIFE
CARE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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