NY State Senate Bill 2019-S1530

Archive: Last Bill Status - In Senate Committee Health 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to health
Jan 15, 2019	referred to health

co-Sponsors

2019-S1530 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §3317, Pub Health L; add §19.18-c, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6179
2013-2014: S547
2015-2016: S660
2017-2018: S687

2019-S1530 (ACTIVE) - Summary

Requires disclosure of addiction risks for certain prescription drugs; requires physicians, nurses and pharmacists to provide information on prevention, mitigation and treatment of prescription drug addiction and to have the patient sign a form acknowledging education of such risks.

2019-S1530 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1530

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the public health law and the mental hygiene law, in
relation to requiring disclosure of addiction risks for certain
prescription drugs

 
PURPOSE:

This bill reauires disclosure of addiction risks for certain
prescription drugs.

 
SUMMARY OF PROVISIONS:

Section I defines the bill as Michael David Israel patient information
act.

Section 2 defines opiate analgesics and psychotropic dxug:,3 and amends
public health law to teduie that prescribers and pharmacists make

patients .aware of the risk of addiction and local. resources to treat
addiction to prescription drugs, prior to prescribing or dispensing such
drugs.

Section 2 also requires that patients sign a waiver stating that they
understand the risks of addiction and that they have been provided with
information about local resources in the event that they become addicts.
In addition section 2 piovidea for failure to provide patients with such
information.

Section 3 defines opiate analgesics and psychotropic cfelage and amends
mental hygiene law to require that mental health prescribers and phar-
loacists nake patients aware of the risk of addiction and local
resources to treat addiction to prescription drugs prior to prescribing
or dispensing such drugs.

Section 3 also requires that patients sign a waiver stating that they
understand the risks of addiction and that they have teen provided with
information about local resources in the event :hat they become
addicted. In addition section 3 provides a. fine scale for failure to
provide patients with such. information.

Section 4 is the enacting coarse.

 
JUSTIFICATION:

Michael David Israei, the son of Avi and Julie Israel, was one of many
young people across New York. State who battled with prescription drag
abuse., On June 4, 2011 Michael David Israel tragically took his own
life.

Michael's story is not a unique one. Nationally deaths from prescription
opiates have cipled since 1999, and overdoses from prescription oPiates
now hospitalie more people each year than cocaine or heroin, Addtionai-
ly, in a recent University at Buffalo study of 75 addicts, 41 percent
reported their addiction began with medicine prescribed legally by their
doctors.

This bill would require that patients receive information about the
potential risks of addiction to certain kinds of drugs as well as the
local resources available to them if they feel they are becoming
addicted. In the case of Michael David Israel, MOrE information from the
outset about the danger of opiate painkillers as well as local treatment
options could have helped save Michael's life.

 
LEGISLATIVE HISTORY:

2017-18: S.587 Referred to Health

2015-16: S.660 Referred to Heath

9014: S.547 Referred to Health

2012: S.629/A.90.97 Referred to health

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall lake effect immediately.

2019-S1530 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1530
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 Introduced  by Sens. KENNEDY, KRUEGER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and the  mental  hygiene  law,  in
   relation  to  requiring  disclosure  of  addiction  risks  for certain
   prescription drugs

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act shall be known and may be cited as the "Michael
 David Israel patient information act".
   § 2.  The public health law is amended by adding a new section 3317 to
 read as follows:
   § 3317.  REQUIRED DISCLOSURES. 1. DEFINITIONS. FOR  PURPOSES  OF  THIS
 SECTION:
   (A) "OPIATE ANALGESICS" SHALL MEAN THE MEDICINES BUPRENORPHINE, BUTOR-
 PHANOL,  CODEINE,  HYDROCODONE,  HYDROMORPHONE, LEVORPHANOL, MEPERIDINE,
 METHADONE, MORPHINE, NALBUPHINE, OXYCODONE, OXYMORPHONE, PENTAZOCINE AND
 PROPOXYPHENE AS WELL AS THEIR BRAND NAMES, ISOMERS AND COMBINATIONS.
   (B) "PSYCHOTROPIC DRUGS" SHALL MEAN ANY DRUG OR MEDICINE THAT  AFFECTS
 MENTAL ACTIVITY, BEHAVIOR OR PERCEPTION INCLUDING ANTI-PSYCHOTICS, ANTI-
 DEPRESSANTS, ANTI-ANXIETY DRUGS OR ANXIOLYTICS AND HYPNOTICS.
   2.  DISCLOSURES. WHENEVER A PRACTITIONER, PHARMACIST, REGISTERED NURSE
 OR ANY OTHER PERSON WHO IS AUTHORIZED TO DISTRIBUTE SUBSTANCES REGULATED
 BY THIS ARTICLE, DISPENSES OPIATE ANALGESICS OR PSYCHOTROPIC DRUGS  SUCH
 PRESCRIBING PHYSICIAN, NURSE OR PHARMACIST SHALL:
   (A) DESCRIBE THE RISKS OF ADDICTION TO THE PATIENT;
   (B) AFTER CONSULTING THE PATIENT'S MEDICAL HISTORY, INFORM THE PATIENT
 OF HIS OR HER CHANCE OF ADDICTION;
   (C)  PROVIDE  THE  PATIENT  WITH  INFORMATION ABOUT COPING WITH OPIATE
 ANALGESIC OR PYSCHOTROPIC DRUG ADDICTION AND AVAILABLE  LOCAL  RESOURCES
 INCLUDING DETOXIFICATION CENTERS, COUNSELING SERVICES AND HOTLINES; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02059-01-9

 S. 1530                             2
 
   (D)  HAVE  THE PATIENT SIGN A FORM APPROVED BY THE DEPARTMENT ACKNOWL-
 EDGING THAT HE OR SHE HAS BEEN INFORMED OF  THE  PREVENTION,  MITIGATION
 AND TREATMENT OF SUCH ADDICTION.
   3.  ENFORCEMENT BY DEPARTMENT. (A) THE DEPARTMENT SHALL BE RESPONSIBLE
 FOR PUBLISHING INFORMATIONAL PAMPHLETS REGARDING THE DANGERS  OF  OPIATE
 ANALGESICS AND PSYCHOTROPIC DRUGS AND DISTRIBUTION. SUCH PAMPHLETS SHALL
 TAKE  THE FORM PRESCRIBED BY THE COMMISSIONER. THE DEPARTMENT SHALL ALSO
 PROVIDE THE FORM REQUIRED IN PARAGRAPH (D) OF SUBDIVISION  TWO  OF  THIS
 SECTION.
   (B) THE DEPARTMENT SHALL BE RESPONSIBLE FOR THE RECEIPT, INVESTIGATION
 AND SUBSTANTIATION OF ANY COMPLAINTS OR TIPS ABOUT PHYSICIANS, NURSES OR
 PHARMACISTS  WHO  FAIL  TO  PROVIDE  THE  INFORMATION  MANDATED  IN THIS
 SECTION. FAILURE TO PROVIDE SUCH  INFORMATION  SHALL  BE  PUNISHABLE  AS
 FOLLOWS:
   (I) FIRST OFFENSE; FINE OF UP TO ONE THOUSAND DOLLARS;
   (II) SECOND OFFENSE: FINE OF UP TO FIVE THOUSAND DOLLARS;
   (III) THIRD OFFENSE: SUSPENSION OF LICENSE UP TO SIX MONTHS;
   (IV) FOURTH OFFENSE: SUSPENSION OF LICENSE UP TO ONE YEAR;
   (V)  FIFTH  OFFENSE: PERMANENT SUSPENSION OR REVOCATION OF LICENSE AND
 REFERRED TO THE RESPECTIVE LICENSING BOARDS UNDER THIS ARTICLE.
   A SIGNED PATIENT FORM SHALL BE  PRIMA  FACIE  PROOF  THAT  THE  PERSON
 PRESCRIBING  SUCH  MEDICATIONS  HAS COMPLIED WITH THE PROVISIONS OF THIS
 SECTION.
   § 3. The mental hygiene law is amended by adding a new section 19.18-c
 to read as follows:
 § 19.18-C REQUIRED DISCLOSURES.
   (A) DEFINITIONS. FOR PURPOSES OF THIS SECTION:
   (1) "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF HEALTH.
   (2) "OPIATE ANALGESICS" SHALL MEAN THE MEDICINES BUPRENORPHINE, BUTOR-
 PHANOL, CODEINE, HYDROCODONE,  HYDROMORPHONE,  LEVORPHANOL,  MEPERIDINE,
 METHADONE, MORPHINE, NALBUPHINE, OXYCODONE, OXYMORPHONE, PENTAZOCINE AND
 PROPOXYPHENE AS WELL AS THEIR BRAND NAMES, ISOMERS AND COMBINATIONS.
   (3)  "PSYCHOTROPIC DRUGS" SHALL MEAN ANY DRUG OR MEDICINE THAT AFFECTS
 MENTAL ACTIVITY, BEHAVIOR OR PERCEPTION INCLUDING ANTI-PSYCHOTICS, ANTI-
 DEPRESSANTS, ANTI-ANXIETY DRUGS OR ANXIOLYTICS AND HYPNOTICS.
   (B) DISCLOSURES. WHENEVER A PRACTITIONER, PHARMACIST, REGISTERED NURSE
 OR ANY OTHER PERSON WHO IS AUTHORIZED TO DISTRIBUTE SUBSTANCES REGULATED
 BY THIS ARTICLE OR THOSE REGULATED UNDER  ARTICLE  THIRTY-THREE  OF  THE
 PUBLIC  HEALTH  LAW,  DISPENSES OPIATE ANALGESICS OR PSYCHOTROPIC DRUGS,
 SUCH PRESCRIBING PHYSICIAN, NURSE OR PHARMACIST SHALL:
   (1) DESCRIBE THE RISKS OF ADDICTION TO THE PATIENT;
   (2) AFTER CONSULTING THE PATIENT'S MENTAL HISTORY, INFORM THE  PATIENT
 OF HIS OR HER CHANCE OF ADDICTION;
   (3)  PROVIDE  THE  PATIENT  WITH  INFORMATION ABOUT COPING WITH OPIATE
 ANALGESIC OR PSYCHOTROPIC DRUG ADDICTION AND AVAILABLE  LOCAL  RESOURCES
 INCLUDING DETOXIFICATION CENTERS, COUNSELING SERVICES AND HOTLINES; AND
   (4)  HAVE  THE PATIENT SIGN A FORM APPROVED BY THE DEPARTMENT ACKNOWL-
 EDGING THAT HE OR SHE HAS BEEN INFORMED OF  THE  PREVENTION,  MITIGATION
 AND TREATMENT OF SUCH ADDICTION.
   (C) ENFORCEMENT BY DEPARTMENT. (1) THE DEPARTMENT SHALL BE RESPONSIBLE
 FOR  PUBLISHING  INFORMATIONAL PAMPHLETS REGARDING THE DANGERS OF OPIATE
 ANALGESICS AND PSYCHOTROPIC DRUGS FOR DISTRIBUTION. SUCH PAMPHLETS SHALL
 TAKE THE FORM PRESCRIBED BY THE COMMISSIONER OF HEALTH.  THE  DEPARTMENT
 SHALL  ALSO  PROVIDE  THE FORM REQUIRED IN PARAGRAPH FOUR OF SUBDIVISION
 (B) OF THIS SECTION.

 S. 1530                             3
 
   (2) THE DEPARTMENT SHALL BE RESPONSIBLE FOR THE RECEIPT, INVESTIGATION
 AND SUBSTANTIATION OF ANY COMPLAINTS OR TIPS ABOUT PHYSICIANS, NURSES OR
 PHARMACISTS WHO  FAIL  TO  PROVIDE  THE  INFORMATION  MANDATED  IN  THIS
 SECTION.  FAILURE  TO  PROVIDE  SUCH  INFORMATION SHALL BE PUNISHABLE AS
 FOLLOWS:
   (I) FIRST OFFENSE: FINE OF UP TO ONE THOUSAND DOLLARS;
   (II) SECOND OFFENSE: FINE OF UP TO FIVE THOUSAND DOLLARS;
   (III) THIRD OFFENSE: SUSPENSION OF LICENSE UP TO SIX MONTHS;
   (IV) FOURTH OFFENSE: SUSPENSION OF LICENSE UP TO ONE YEAR;
   (V)  FIFTH  OFFENSE: PERMANENT SUSPENSION OR REVOCATION OF LICENSE AND
 REFERRED TO THE RESPECTIVE LICENSING BOARDS UNDER  ARTICLE  THIRTY-THREE
 OF THE PUBLIC HEALTH LAW.
   A  SIGNED  PATIENT  FORM  SHALL  BE  PRIMA FACIE PROOF THAT THE PERSON
 PRESCRIBING SUCH MEDICATIONS HAS COMPLIED WITH THE  PROVISIONS  OF  THIS
 SECTION.
   § 4. This act shall take effect immediately.

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Senate Bill S1530

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

co-Sponsors

2019-S1530 (ACTIVE) - Details

2019-S1530 (ACTIVE) - Summary

2019-S1530 (ACTIVE) - Sponsor Memo

2019-S1530 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1530

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Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status - In Senate Committee Health Committee

co-Sponsors

Liz Krueger

2019-S1530 (ACTIVE) - Details

2019-S1530 (ACTIVE) - Summary

2019-S1530 (ACTIVE) - Sponsor Memo

2019-S1530 (ACTIVE) - Bill Text download pdf

Comments