NY State Senate Bill 2019-S4277A

Senate Bill S4277A

2019-2020 Legislative Session

Requires health practitioners to discuss with patients the risks associated with certain pain medications before prescribing such medications

download bill text pdf

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to health returned to senate died in assembly
Jun 12, 2019	referred to health delivered to assembly passed senate
May 06, 2019	advanced to third reading
May 01, 2019	2nd report cal.
Apr 30, 2019	1st report cal.538
Apr 12, 2019	print number 4277a
Apr 12, 2019	amend (t) and recommit to health
Mar 06, 2019	referred to health

Votes

- Jun 12, 2019 - Floor Vote
  S4277A
  
  50
  
  Aye
  
  12
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 12, 2019
      
      aye (50)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      nay (12)
      
      Antonacci
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jacobs
      
      Jordan
      
      Little
      
      Ritchie
      
      Serino
      
      Seward
  Apr 30, 2019 - Health Committee Vote
  S4277A
  
  10
  
  Aye
  
  2
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Apr 30, 2019
      
      aye (10)
      
      Benjamin
      
      Biaggi
      
      Carlucci
      
      Hoylman-Sigal
      
      Kaminsky
      
      Metzger
      
      Montgomery
      
      Rivera
      
      Salazar
      
      Stavisky
      
      nay (2)
      
      Gallivan
      
      Little
      
      aye wr (3)
      
      Antonacci
      
      Jacobs
      
      Ritchie

Bill Amendments

Original

A (Active)

2019-S4277 - Details

See Assembly Version of this Bill:: A7285
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §§3309-b & 3309-c, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S6043, A3405
2023-2024: S3521, A1227
2025-2026: S493, A3116

2019-S4277 - Summary

Requires health practitioners to discuss with patients the risks associated with certain pain medications before prescribing such medications; requires that for the first opioid analgesic prescription of a calendar year the prescribing physician shall counsel the patient on the risks of overdose.

2019-S4277 - Sponsor Memo

                                
 
BILL NUMBER: S4277

SPONSOR: HARCKHAM
 
TITLE OF BILL:  An act to amend the public health law, in relation to
requiring health practitioners to discuss with patients the risks asso-
ciated with certain pain medications before prescribing such medications

 
PURPOSE:

Amends the public health law to better protect the health and safety of
patients undergoing opioid or related schedule II controlled substance
prescription dosage for treatment as well as inform patients of the
side-effects that may result from such use.

 
SUMMARY OF PROVISIONS:

Section 1 amends the public service law by adding section 3309-b which
is intended to establish the new regulations required of healthcare
practitioners and guardians of non-emancipated minors.  Subsection 2
Establishes who will develop the guidelines required by the section.

Section 2 this act shall take effect on the sixteenth day after it shall
have become a law.

 
JUSTIFICATION:

When patients receive opioid and other schedule II controlled substance
prescriptions for pain relief, they are often uninformed of the risks
and side-effects associated with the use of aforesaid medications such
as; physical and psychological dependencies and abuse.

Moreover, patients are frequently neglected information of alternative
prescriptions available to them, or why the prescription is necessary to
their well-being.

This legislation will help in preventing patients from being left-in-
the-dark regarding the risk management,side effects, alternative meth-
ods, and imperatives of their prescribed pain medication.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
On the sixteenth day after it shall have become law.

2019-S4277 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4277
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2019
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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  requiring  health
   practitioners  to  discuss  with  patients  the  risks associated with
   certain pain medications before prescribing such medications

   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
 3309-b to read as follows:
   § 3309-B. PRACTITIONER AND PATIENT DISCUSSIONS; OPIOID  PRESCRIPTIONS.
 1. PRIOR TO ISSUING THE INITIAL PRESCRIPTION OF A SCHEDULE II CONTROLLED
 SUBSTANCE  FOR THE TREATMENT OF PAIN OR ANY OTHER OPIOID DRUG WHICH IS A
 PRESCRIPTION DRUG FOR ACUTE OR CHRONIC PAIN AND AGAIN PRIOR  TO  ISSUING
 THE  THIRD PRESCRIPTION OF THE COURSE OF TREATMENT, A PRACTITIONER SHALL
 DISCUSS WITH THE PATIENT, OR THE PATIENT'S PARENT  OR  GUARDIAN  IF  THE
 PATIENT  IS UNDER EIGHTEEN YEARS OF AGE AND IS NOT AN EMANCIPATED MINOR,
 THE RISKS ASSOCIATED WITH THE DRUGS BEING PRESCRIBED, INCLUDING BUT  NOT
 LIMITED TO:
   (A)  THE  RISKS OF ADDICTION AND OVERDOSE ASSOCIATED WITH OPIOID DRUGS
 AND THE DANGERS OF TAKING OPIOID DRUGS WITH ALCOHOL, BENZODIAZEPINES AND
 OTHER CENTRAL NERVOUS SYSTEM DEPRESSANTS;
   (B) THE REASONS WHY THE PRESCRIPTION IS NECESSARY;
   (C) ALTERNATIVE TREATMENTS THAT MAY BE AVAILABLE; AND
   (D) THE RISKS ASSOCIATED WITH THE USE OF THE DRUGS  BEING  PRESCRIBED,
 SPECIFICALLY  THAT  OPIOIDS  ARE  HIGHLY  ADDICTIVE,  EVEN WHEN TAKEN AS
 PRESCRIBED, THAT THERE IS A RISK OF DEVELOPING A PHYSICAL OR  PSYCHOLOG-
 ICAL  DEPENDENCE  ON  THE  CONTROLLED  SUBSTANCE,  AND THAT THE RISKS OF
 TAKING MORE OPIOIDS THAN PRESCRIBED, OR  MIXING  SEDATIVES,  BENZODIAZE-
 PINES   OR  ALCOHOL  WITH  OPIOIDS,  CAN  RESULT  IN  FATAL  RESPIRATORY
 DEPRESSION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10262-01-9

 S. 4277                             2
 
   2. THE DEPARTMENT SHALL DEVELOP AND MAKE  AVAILABLE  TO  PRACTITIONERS
 GUIDELINES FOR THE DISCUSSION REQUIRED BY THIS SECTION.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law. Effective immediately, guidelines necessary  for  the
 implementation  of  this  act on its effective date are authorized to be
 made and completed on or before such date.

co-Sponsors

View additional co-sponsors

2019-S4277A (ACTIVE) - Details

See Assembly Version of this Bill:: A7285
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §§3309-b & 3309-c, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S6043, A3405
2023-2024: S3521, A1227
2025-2026: S493, A3116

2019-S4277A (ACTIVE) - Summary

2019-S4277A (ACTIVE) - Sponsor Memo

2019-S4277A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4277--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2019
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to amend the public health law, in relation to requiring health
   practitioners to discuss  with  patients  the  risks  associated  with
   certain  pain  medications before prescribing such medications; and in
   relation to opioid analgesic prescriptions
 
   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
 3309-b to read as follows:
   § 3309-B. PRACTITIONER AND PATIENT DISCUSSIONS; OPIOID  PRESCRIPTIONS.
 1. PRIOR TO ISSUING THE INITIAL PRESCRIPTION OF A SCHEDULE II CONTROLLED
 SUBSTANCE  FOR THE TREATMENT OF PAIN OR ANY OTHER OPIOID DRUG WHICH IS A
 PRESCRIPTION DRUG FOR ACUTE OR CHRONIC PAIN AND AGAIN PRIOR  TO  ISSUING
 THE  THIRD PRESCRIPTION OF THE COURSE OF TREATMENT, A PRACTITIONER SHALL
 DISCUSS WITH THE PATIENT, OR THE PATIENT'S PARENT  OR  GUARDIAN  IF  THE
 PATIENT  IS UNDER EIGHTEEN YEARS OF AGE AND IS NOT AN EMANCIPATED MINOR,
 THE RISKS ASSOCIATED WITH THE DRUGS BEING PRESCRIBED, INCLUDING BUT  NOT
 LIMITED TO:
   (A)  THE  RISKS OF ADDICTION AND OVERDOSE ASSOCIATED WITH OPIOID DRUGS
 AND THE DANGERS OF TAKING OPIOID DRUGS WITH ALCOHOL, BENZODIAZEPINES AND
 OTHER CENTRAL NERVOUS SYSTEM DEPRESSANTS;
   (B) THE REASONS WHY THE PRESCRIPTION IS NECESSARY;
   (C) ALTERNATIVE TREATMENTS THAT MAY BE AVAILABLE; AND
   (D) THE RISKS ASSOCIATED WITH THE USE OF THE DRUGS  BEING  PRESCRIBED,
 SPECIFICALLY  THAT  OPIOIDS  ARE  HIGHLY  ADDICTIVE,  EVEN WHEN TAKEN AS
 PRESCRIBED, THAT THERE IS A RISK OF DEVELOPING A PHYSICAL OR  PSYCHOLOG-
 ICAL  DEPENDENCE  ON  THE  CONTROLLED  SUBSTANCE,  AND THAT THE RISKS OF
 TAKING MORE OPIOIDS THAN PRESCRIBED, OR  MIXING  SEDATIVES,  BENZODIAZE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10262-02-9

 S. 4277--A                          2
 
 PINES   OR  ALCOHOL  WITH  OPIOIDS,  CAN  RESULT  IN  FATAL  RESPIRATORY
 DEPRESSION.
   2.  THE  DEPARTMENT  SHALL DEVELOP AND MAKE AVAILABLE TO PRACTITIONERS
 GUIDELINES FOR THE DISCUSSION REQUIRED BY THIS SECTION.
   § 2. The public health law is amended by adding a new  section  3309-c
 to read as follows:
   § 3309-C. OPIOID ANALGESIC PRESCRIPTION. 1. FOR THE FIRST OPIOID ANAL-
 GESIC  PRESCRIPTION OF A CALENDAR YEAR THAT IS GREATER THAN A ONE WEEK'S
 SUPPLY, THE PRESCRIBING PHYSICIAN SHALL COUNSEL THE PATIENT ON THE RISKS
 OF OVERDOSE, AND INFORM THE PATIENT OF THE  AVAILABILITY  OF  AN  OPIOID
 ANTAGONIST, INCLUDING, BUT NOT LIMITED TO, NALOXONE.
   2.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "OPIOID ANALGESICS" MEANS THE MEDICINES  BUPRENORPHINE,  BUTORPHA-
 NOL,   CODEINE,  HYDROCODONE,  HYDROMORPHONE,  LEVORPHANOL,  MEPERIDINE,
 METHADONE, MORPHINE, NALBUPHINE,  OXYCODONE,  OXYMORPHONE,  PENTAZOCINE,
 PROPOXYPHENE AS WELL AS THEIR BRAND NAMES, ISOMERS AND COMBINATIONS.
   (B) "OPIOID ANTAGONIST" MEANS AN FDA-APPROVED DRUG THAT, WHEN ADMINIS-
 TERED,  NEGATES  OR  NEUTRALIZES IN WHOLE OR IN PART THE PHARMACOLOGICAL
 EFFECTS OF AN OPIOID IN THE BODY. THE OPIOID ANTAGONIST  IS  LIMITED  TO
 NALOXONE  OR  OTHER  MEDICATIONS  APPROVED  BY  THE  DEPARTMENT FOR THIS
 PURPOSE.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

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