S T A T E O F N E W Y O R K
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7132
2017-2018 Regular Sessions
I N A S S E M B L Y
April 10, 2017
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Introduced by M. of A. SEPULVEDA -- read once and referred to the
Committee on Mental Health
AN ACT to amend the mental hygiene law, in relation to the prescription
of antidepressant and anti-anxiety medications which have an increased
risk of suicidal behavior
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The mental hygiene law is amended by adding a new section
7.49 to read as follows:
§ 7.49 ANTIDEPRESSANT AND ANTI-ANXIETY MEDICATIONS; SUICIDE RISK.
(A) WHEN A PATIENT RECEIVES A PRESCRIPTION FOR AN ANTIDEPRESSANT OR
ANTI-ANXIETY MEDICATION IN AN OUTPATIENT SETTING, AND THE MEDICATION HAS
AN INCREASED RISK OF SUICIDALITY, THE OFFICE SHALL IDENTIFY SUCH MEDICA-
TIONS AND SHALL REQUIRE PHARMACISTS IN THE COURSE OF CONSULTATION, UPON
THE FIRST TIME DISPENSING OF THE MEDICATION TO THE PATIENT, TO PROVIDE
THE FOLLOWING:
(1) THE TOLL-FREE SUICIDE PREVENTION LIFELINE TELEPHONE NUMBER ESTAB-
LISHED BY THE OFFICE;
(2) THE SUICIDE PREVENTION LIFELINE WEBSITE INTERNET ADDRESS ESTAB-
LISHED BY THE OFFICE; AND
(3) A PAMPHLET PUBLISHED BY THE OFFICE SETTING FORTH ALL RELEVANT
INFORMATION REGARDING THE INCREASED RISK OF SUICIDE AND SUICIDAL SIDE
EFFECTS ASSOCIATED WITH THE MEDICATION, INCLUDING, BUT NOT LIMITED TO,
INFORMATION SETTING FORTH THE WARNING SIGNS ASSOCIATED WITH SUCH
SUICIDAL BEHAVIOR AND ANY OTHER INFORMATION THE OFFICE DEEMS RELEVANT.
(B) ANY CONSULTATION REQUIRED BY SUBDIVISION (A) OF THIS SECTION WITH
A PERSON UNDER SEVENTEEN YEARS OF AGE SHALL REQUIRE THAT A PARENT OR
LEGAL GUARDIAN OF SUCH PERSON BE IN ATTENDANCE DURING SUCH CONSULTATION.
(C) NO MEDICATION DESCRIBED IN SUBDIVISION (A) OF THIS SECTION SHALL
BE DISPENSED, DISPERSED OR OTHERWISE GIVEN TO A PERSON UNDER SEVENTEEN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00729-01-7
A. 7132 2
YEARS OF AGE UNLESS A PARENT OR LEGAL GUARDIAN OF SUCH PERSON IS IN
ATTENDANCE DURING THE CONSULTATION.
(D) THE OFFICE IS AUTHORIZED AND DIRECTED TO PROMULGATE ANY RULES AND
REGULATIONS AND PREPARE PAMPHLETS NECESSARY TO IMPLEMENT THE PROVISIONS
OF THIS SECTION.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law; 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
to be made and completed on or before such date.