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

                                 355--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL, GOTTFRIED, ORTIZ, HOOPER, MOSLEY,
  ENGLEBRIGHT, JAFFEE, PEOPLES-STOKES, RYAN, THIELE,  KEARNS,  KAMINSKY,
  JEAN-PIERRE,  RAMOS,  CUSICK, WOERNER, PAULIN, BICHOTTE, BARRON, RICH-
  ARDSON -- Multi-Sponsored by --  M.  of  A.  ARROYO,  CERETTO,  CLARK,
  DINOWITZ,  GALEF,  MURRAY, PERRY, RIVERA, SALADINO, SIMON -- read once
  and referred to the Committee on Health -- recommitted to the  Commit-
  tee  on Health in accordance with Assembly Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public health law, in relation to  the  prescription
  pain  medication  awareness  program;  and providing for the repeal of
  such provisions upon expiration thereof

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

  Section  1.  Section  3309-a  of  the  public  health law, as added by
section 52 of part D of chapter 56 of the laws  of  2012,  subparagraphs
(i),  (ii)  and  (iii)  of paragraph (b) of subdivision 2 as amended and
subparagraph (iv) of paragraph (b) of subdivision 2 as added by  section
1  and subdivisions 3 and 4 as amended by section 2 of part D of chapter
447 of the laws of 2012, is amended to read as follows:
  S 3309-a. Prescription pain medication awareness program. 1. There  is
hereby  established within the department a prescription pain medication
awareness program to educate the public and  health  care  practitioners
about  the  risks  associated  with  prescribing  and  taking controlled
substance pain medications.
  2. Within the amounts appropriated, the commissioner, in  consultation
with  the  commissioner  of the office of alcoholism and substance abuse
services, shall[:
  (a) Develop] DEVELOP and  conduct  a  public  health  education  media
campaign  designed  to  alert  youth, parents and the general population

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

                                                           LBD04123-07-6

A. 355--A                           2

about the risks associated with prescription pain  medications  and  the
need  to  properly  dispose of any unused medication. In developing this
campaign, the  commissioner  shall  consult  with  and  use  information
provided  by  the  work  group established pursuant to subdivision [(b)]
FOUR of this section and other relevant professional organizations.  The
campaign  shall  include  an  internet website providing information for
parents, children and health care professionals on the risks  associated
with  taking opioids and resources available to those needing assistance
with prescription pain medication addiction.  Such  website  shall  also
provide  information regarding where individuals may properly dispose of
controlled substances in their community and  include  active  links  to
further  information  and  resources.  The campaign shall begin no later
than September first, two thousand twelve.
  [(b)] 3. THE COMMISSIONER, IN CONSULTATION WITH  THE  COMMISSIONER  OF
EDUCATION,  SHALL ESTABLISH STANDARDS, AND REVIEW AND IMPLEMENT REQUIRE-
MENTS FOR THE  PERFORMANCE  OF  CONTINUING  MEDICAL  EDUCATION  ON  PAIN
MANAGEMENT,  PALLIATIVE  CARE AND ADDICTION.   EVERY HEALTH CARE PROFES-
SIONAL LICENSED, REGISTERED OR CERTIFIED UNDER TITLE EIGHT OF THE EDUCA-
TION LAW TO TREAT HUMANS AND REGISTERED  UNDER  THE  FEDERAL  CONTROLLED
SUBSTANCES  ACT AND IN POSSESSION OF A REGISTRATION NUMBER FROM THE DRUG
ENFORCEMENT ADMINISTRATION, UNITED STATES DEPARTMENT OF JUSTICE, OR  ITS
SUCCESSOR  AGENCY,  SHALL, PRIOR TO RENEWAL OF REGISTRATION TO PRACTICE,
COMPLETE THREE HOURS OF COURSE  WORK  AS  SET  FORTH  IN  THIS  SECTION;
PROVIDED,  HOWEVER,  THAT SAID HOURS SHALL BE DEEMED TO COUNT TOWARD THE
PROFESSIONAL'S OBLIGATION FOR BOARD CERTIFICATION OR EXISTING CONTINUING
EDUCATION REQUIREMENT FOR LICENSURE.
  (A) EXISTING CURRICULA, INCLUDING CURRICULA DEVELOPED BY A  NATIONALLY
RECOGNIZED HEALTH CARE PROFESSIONAL, SPECIALTY, OR PROVIDER ASSOCIATION,
OR  NATIONALLY RECOGNIZED PAIN MANAGEMENT ASSOCIATION, MAY BE CONSIDERED
IN IMPLEMENTING THIS SECTION.
  (B) CURRICULA SHALL INCLUDE, BUT NOT BE LIMITED TO:  I-STOP  AND  DRUG
ENFORCEMENT   ADMINISTRATION  REQUIREMENTS  FOR  PRESCRIBING  CONTROLLED
SUBSTANCES; PAIN MANAGEMENT;  APPROPRIATE  PRESCRIBING;  MANAGING  ACUTE
PAIN; PALLIATIVE MEDICINE; PREVENTION, SCREENING AND SIGNS OF ADDICTION;
RESPONSES TO ABUSE AND ADDICTION; AND END OF LIFE CARE.
  (C)  THE COMMISSIONER SHALL PROVIDE AN EXEMPTION FROM THIS REQUIREMENT
TO ANYONE WHO REQUESTS SUCH AN EXEMPTION AND  WHO  DEMONSTRATES  TO  THE
COMMISSIONER'S SATISFACTION THAT:
  (I) THERE WOULD BE NO NEED FOR HIM OR HER TO COMPLETE SUCH COURSE WORK
OR TRAINING BECAUSE OF THE NATURE, AREA OR SPECIALTY OF HIS OR HER PRAC-
TICE; OR
  (II)  HE  OR  SHE  HAS COMPLETED COURSE WORK OR TRAINING DEEMED BY THE
COMMISSIONER TO BE EQUIVALENT TO THE STANDARDS FOR COURSE WORK OR TRAIN-
ING APPROVED UNDER THIS SECTION.
  (D) THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF  EDUCA-
TION  AND  STAKEHOLDERS  SHALL  REPORT TO THE TEMPORARY PRESIDENT OF THE
SENATE, THE SPEAKER OF THE ASSEMBLY AND THE CHAIRS  OF  THE  HEALTH  AND
HIGHER  EDUCATION  COMMITTEES NO LATER THAN THREE YEARS AFTER THE EFFEC-
TIVE DATE OF THIS SUBDIVISION ON THE SUCCESS AND IMPACT OF THIS  SECTION
AND ANY RECOMMENDATIONS.
  4.  Establish  a  work  group,  no later than June first, two thousand
twelve, which shall be composed of experts in the fields  of  palliative
and  chronic care pain management and addiction medicine. Members of the
work group shall receive no compensation for their services,  but  shall
be  allowed  actual  and  necessary expenses in the performance of their
duties pursuant to this section. The work group shall:

A. 355--A                           3

  [(i)] (A) Report to the  commissioner  regarding  the  development  of
recommendations  and  model  courses  for  continuing medical education,
refresher courses and other training materials for licensed health  care
professionals  on  appropriate use of prescription pain medication. Such
recommendations,  model  courses  and  other training materials shall be
submitted to the commissioner, who shall make such information available
for  the  use  in  medical  education,  residency  programs,  fellowship
programs,  and  for  use  in continuing medication education programs no
later than January first, two thousand  thirteen.  Such  recommendations
also shall include recommendations on: [(A)] (I) educational and contin-
uing  medical  education  requirements  for practitioners appropriate to
address prescription pain medication awareness among health care profes-
sionals; [(B)] (II) continuing education  requirements  for  pharmacists
related  to  prescription  pain  medication  awareness;  and [(C)] (III)
continuing education in palliative care as it relates  to  pain  manage-
ment,  for which purpose the work group shall consult the New York state
palliative care education and training council;
  [(ii)] (B) No later than January first, two thousand thirteen, provide
outreach and assistance to health  care  professional  organizations  to
encourage  and facilitate continuing medical education training programs
for their members regarding appropriate prescribing  practices  for  the
best  patient  care  and  the  risks associated with overprescribing and
underprescribing pain medication;
  [(iii)] (C) Provide information to the commissioner  for  use  in  the
development  and  continued  update  of  the  public awareness campaign,
including information, resources, and active web links  that  should  be
included on the website; and
  [(iv)]  (D) Consider other issues deemed relevant by the commissioner,
including how to protect and promote  the  access  of  patients  with  a
legitimate  need  for  controlled  substances,  particularly medications
needed for pain management by oncology patients, and whether and how  to
encourage or require the use or substitution of opioid drugs that employ
tamper-resistance  technology  as  a  mechanism  for  reducing abuse and
diversion of opioid drugs.
  [3.] 5. On or before September first, two thousand twelve, the commis-
sioner, in consultation with the commissioner of the office of  alcohol-
ism and substance abuse services, the commissioner of education, and the
executive  secretary  of  the  state board of pharmacy, shall add to the
workgroup such additional members as appropriate so that  the  workgroup
may  provide guidance in furtherance of the implementation of the I-STOP
act. For such purposes, the workgroup shall include but not  be  limited
to  consumer  advisory  organizations,  health  care  practitioners  and
providers, oncologists,  addiction  treatment  providers,  practitioners
with  experience  in  pain  management,  pharmacists and pharmacies, and
representatives of law enforcement agencies.
  [4.] 6. The commissioner shall report to the governor,  the  temporary
president  of  the  senate and the speaker of the assembly no later than
March first, two thousand thirteen, and annually thereafter, on the work
group's findings. The report shall include information on  opioid  over-
dose  deaths,  emergency  room  utilization  for the treatment of opioid
overdose, the utilization of pre-hospital addiction services and  recom-
mendations to reduce opioid addiction and the consequences thereof.  The
report shall also include a recommendation as to whether subdivision two
of  section thirty-three hundred forty-three-a of this article should be
amended to require practitioners prescribing or dispensing certain iden-

A. 355--A                           4

tified schedule V controlled substances to comply with the  consultation
requirements of such subdivision.
  S  2. This act shall take effect one year after it shall have become a
law and shall expire and be deemed repealed 4  years  after  such  date.
Provided,  however,  that effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date is authorized and directed to be  made
and completed on or before such effective date.