senate Bill S6091B

2015-2016 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (11)
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

Co-Sponsors

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

S6091 - Summary

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

S6091 - Sponsor Memo

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

Co-Sponsors

view additional co-sponsors

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

S6091A - Summary

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

S6091A - Sponsor Memo

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

Co-Sponsors

view additional co-sponsors

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

S6091B (ACTIVE) - Summary

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

S6091B (ACTIVE) - Sponsor Memo

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.

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