senate Bill S332

2019-2020 Legislative Session

Relates to prescribing opioids to a minor

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Health Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 09, 2019 referred to health

Co-Sponsors

S332 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §3346, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7337
2017-2018: S5949

S332 (ACTIVE) - Summary

Relates to prescribing opioids to a minor; prohibits practitioners from prescribing to a minor more than a seven day supply of any controlled substance containing an opioid and requires practitioners to obtain written parental consent before issuing a first prescription of a controlled substance containing an opioid to a minor; establishes exceptions.

S332 (ACTIVE) - Sponsor Memo

S332 (ACTIVE) - Bill Text download pdf


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

                                   332

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by  Sen.  AKSHAR -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the  public  health  law,  in  relation  to  prescribing
  opioids to a minor

  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
3346 to read as follows:
  § 3346. PRESCRIBING OPIOIDS TO MINORS. 1. AS USED IN THIS SECTION, THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "ANOTHER ADULT AUTHORIZED TO CONSENT TO THE MINOR'S MEDICAL TREAT-
MENT"  MEANS  AN  ADULT  TO  WHOM A MINOR'S PARENT OR GUARDIAN HAS GIVEN
WRITTEN AUTHORIZATION TO CONSENT TO THE MINOR'S MEDICAL TREATMENT;
  (B) "MEDICAL EMERGENCY" MEANS A SITUATION  THAT  IN  A  PRACTITIONER'S
GOOD  FAITH MEDICAL JUDGMENT CREATES AN IMMEDIATE THREAT OF SERIOUS RISK
TO THE LIFE OR PHYSICAL HEALTH OF A MINOR; AND
  (C) "MINOR" MEANS AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE WHO IS NOT
EMANCIPATED. FOR PURPOSES OF THIS SECTION, AN INDIVIDUAL UNDER  EIGHTEEN
YEARS  OF  AGE  IS  EMANCIPATED  ONLY IF THE INDIVIDUAL HAS MARRIED, HAS
ENTERED THE ARMED SERVICES OF THE UNITED STATES, HAS BECOME EMPLOYED AND
SELF-SUSTAINING, OR OTHERWISE HAS BECOME INDEPENDENT FROM THE  CARE  AND
CONTROL OF THE INDIVIDUAL'S PARENT, GUARDIAN, OR CUSTODIAN.
  2. (A) A PRACTITIONER SHALL NOT PRESCRIBE TO A MINOR MORE THAN A SEVEN
DAY SUPPLY OF ANY CONTROLLED SUBSTANCE CONTAINING AN OPIOID.
  (B)  EXCEPT  AS  PROVIDED IN SUBDIVISION THREE OF THIS SECTION, BEFORE
ISSUING FOR A MINOR THE FIRST PRESCRIPTION IN A SINGLE COURSE OF  TREAT-
MENT FOR A PARTICULAR COMPOUND THAT IS A CONTROLLED SUBSTANCE CONTAINING
AN  OPIOID,  REGARDLESS  OF  WHETHER  THE DOSAGE IS MODIFIED DURING THAT
COURSE OF TREATMENT, A PRACTITIONER SHALL:
  (I) ASSESS WHETHER THE  MINOR  HAS  EVER  SUFFERED,  OR  IS  CURRENTLY
SUFFERING,  FROM  MENTAL HEALTH OR SUBSTANCE ABUSE DISORDERS AND WHETHER
THE MINOR HAS TAKEN OR IS CURRENTLY TAKING PRESCRIPTION DRUGS FOR TREAT-

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