Do you support this bill?

Assembly Bill A5825

2019-2020 Legislative Session

Directs the commissioner of health to promulgate rules and regulations governing certain controlled substances

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

co-Sponsors

multi-Sponsors

2019-A5825 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §3306-a, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9585
2017-2018: A4778

2019-A5825 (ACTIVE) - Summary

Directs the commissioner to promulgate rules and regulations governing certain controlled substances.

2019-A5825 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5825
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2019
                                ___________
 
 Introduced by M. of A. GIGLIO, FINCH, HAWLEY, KOLB, LAWRENCE, McDONOUGH,
   MORINELLO,  REILLY,  SMITH  --  Multi-Sponsored by -- M. of A. SAYEGH,
   WALSH -- read once and referred to the Committee on Health
 
 AN ACT to amend the  public  health  law,  in  relation  to  prescribing
   controlled substances

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 3306-a to read as follows:
   §  3306-A.  CONTROLLED  SUBSTANCE  PRESCRIBING  GUIDELINES. 1. (A) THE
 COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS GOVERNING THE  USAGE
 OF THE CONTROLLED SUBSTANCES LISTED IN SUBDIVISIONS (B) AND (C) OF SCHE-
 DULE II OF SECTION THREE THOUSAND THREE HUNDRED SIX OF THE PUBLIC HEALTH
 LAW,  INCLUDING,  BUT  NOT  LIMITED  TO, ESTABLISHING LIMITATIONS ON THE
 AMOUNT OF THESE SUBSTANCES THAT CAN BE PRESCRIBED AS PART OF THE SPECIF-
 IC COURSE OF TREATMENT FOLLOWING CERTAIN MEDICAL PROCEDURES.
   (B) ANY PRESCRIBER WHO OVERPRESCRIBES IN VIOLATION OF  THE  GUIDELINES
 ESTABLISHED IN PARAGRAPH (A) OF THIS SUBDIVISION MUST SEND DOCUMENTATION
 TO  THE  DEPARTMENT  EXPLAINING THE REASONS FOR OVERPRESCRIBING BASED ON
 MEDICAL NECESSITY. SUCH DOCUMENTATION MAY  BE  SENT  TO  THE  DEPARTMENT
 ELECTRONICALLY.
   (C)  THE  DEPARTMENT  SHALL DEVELOP A POLICY TO REVIEW EXPLANATIONS OF
 OVERPRESCRIBING AND SHALL ACCEPT SUCH EXPLANATION IF IT IS DEEMED TO  BE
 JUSTIFIED BY MEDICAL NECESSITY.
   (D)  IF,  DURING THE COURSE OF THEIR REVIEW, THE DEPARTMENT DETERMINES
 SUCH OVERPRESCRIBING IS NOT JUSTIFIED BY MEDICAL NECESSITY, THE  DEPART-
 MENT  MAY  REQUIRE  CORRECTIVE  ACTIONS  BY  PRESCRIBERS  FOR ACTIONS IN
 VIOLATION OF MEDICAL GUIDELINES ESTABLISHED IN  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION.
   (E)  PRESCRIBERS WHO FAIL TO COMPLY WITH THE CORRECTIVE ACTIONS OF THE
 DEPARTMENT SHALL BE SUBJECT TO PENALTIES AS PROVIDED FOR IN SECTION  TWO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.