BILL NUMBER: S4096

SPONSOR: RANZENHOFER
 
TITLE OF BILL:  An act to amend the public health law, in relation to
opioid analgesic prescriptions

 
PURPOSE OR GENERAL IDEA OF BILL:

To require that for the first opioid analgesic prescription of a calen-
dar year, the prescribing physician shall counsel the patient on the
risks of overdose.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 - Adds Section 3309-b to the Public Health Law. This section
would require that for the first opioid analgesic prescription of a
calendar year that is greater than a one week supply, the prescribing
physician must counsel the patient on the risks of overdose, and inform
the patient of the availability of an opioid antagonist.

This bill defines "opioid analgesics" as the medicines buprenorphine,
              

butorphanol, codeine, hydrocodone, hydromorphone, levorphanol, meperi-
dine, methadone, morphine, nalbuphine, oxycodone, oxymorphone, pentazo-
cine, propoxyphene, as well as their brand names, isomers and combina-
tions.

A definition of "opioid antagonist" is also provided in this bill. An
"opioid antagonist" is an FDA-approved drug that, when administ ered,
negates or neutralizes the effects of an opioid. The opioid antagonist
is limited to naloxone or other medications approved by the Health
Department for this purpose.

Section 2 - Provides the effective date.

 
JUSTIFICATION:

Drug poisoning is the leading cause of death from injuries in the United
States. In New York State and New York City, between 1999 and 2008 the
leading cause of accidental death was overdose, ahead of accidental
falls and motor vehicle accidents. The vast majority of these overdose
deaths occurred inside the home.

According to a 2013 study in the International Journal of Drug Policy by
the New York City Department of Mental Health and Hygiene, drug poison-
ing deaths involving opioid analgesics, also known as prescription pain
relievers, have more than tripled nationally since 1999 and doubled in
NYC since 2005, with the rate of unintentional opioid analgesic overdose
deaths increasing by 65% between 2005 and 2011 in New York City. Addi-
tionally, eighty percent of heroin users have reported that they abused
opioid analgesics before switching to heroin. Between 2005 and 2009, the
rate of deaths caused by prescription opioid poisoning increased by 20%
per 100,000 in New York City, while the heroin poisoning death rate
decreased by 24%.

Opioid antagonists are drugs that reverse the effects of opioids, and
are effective in preventing overdose deaths. The availability of an
opioid antagonist is crucial in ensuring that overdose deaths do not
occur. However, an opioid antagonist can only be effective as an anti-
dote if it is readily accessible when an overdose is happening. Current-
ly, opioid antagonists can only be used if they are prescribed by a
doctor. Educating a patient about the risks of overdose from a
prescription painkiller, as well as about the availability of naloxone,
is an important step in ensuring that the patient safely uses the medi-
cation. This legislation provides an opportunity to decrease the proba-
bility of overdoses by individuals who may become addicted to painkil-
lers as a result of a long-term prescription.

 
PRIOR LEGISLATIVE HISTORY:

2015/2016: A.7812 - Referred to Health.

2017/2018: S.5879/A.327 - HEALTH/Health

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law; provided, however, that effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date is author-
ized and directed to be made and completed on or before such effective
date.