senate Bill S5867B

2019-2020 Legislative Session

Relates to consideration and prescription of non-opioid treatment alternatives for treatment of neuromusculoskeletal conditions

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 (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 16, 2020 print number 5867b
Jul 16, 2020 amend and recommit to health
Jan 08, 2020 referred to health
Jun 12, 2019 print number 5867a
Jun 12, 2019 amend (t) and recommit to health
May 15, 2019 referred to health

Co-Sponsors

S5867 - Details

See Assembly Version of this Bill:
A8256
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §3331, Pub Health L

S5867 - Summary

Requires a practitioner to consider and prescribe non-opioid treatment alternatives for treatment of neuromusculoskeletal conditions.

S5867 - Sponsor Memo

S5867 - Bill Text download pdf


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

                                  5867

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 15, 2019
                               ___________

Introduced  by Sens. RIVERA, 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 treatment alterna-
  tives for pain causing conditions

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 3331 of the public health law is amended by adding
a new subdivision 9 to read as follows:
  9. (A) WHEN A PATIENT SEEKS  TREATMENT  FOR  ANY  NEUROMUSCULOSKELETAL
CONDITION  THAT  CAUSES PAIN, A PRACTITIONER SHALL REFER, DISCUSS AND/OR
PRESCRIBE ANY OF THE  FOLLOWING  NONPHARMACOLOGICAL  TREATMENT  ALTERNA-
TIVES,  BASED  ON  THE  PRACTITIONER'S  CLINICAL  JUDGMENT AND FOLLOWING
GENERALLY ACCEPTED NATIONAL PROFESSIONAL OR TREATMENT GUIDELINES, BEFORE
STARTING A PATIENT ON  AN  OPIOID:  ACUPUNCTURE,  CHIROPRACTIC,  MASSAGE
THERAPY, PHYSICAL THERAPY OR OCCUPATIONAL THERAPY.
  (B)  THIS  SUBDIVISION  SHALL  NOT  APPLY  TO  THE  USE OF OPIOIDS FOR
PATIENTS BEING TREATED UNDER ANY OF THE FOLLOWING CIRCUMSTANCES:  TREAT-
MENT  OF  CANCER;  HOSPICE  CARE;  MEDICAL TREATMENT IN A LONG-TERM CARE
FACILITY; POST-SURGERY TREATMENT IMMEDIATELY FOLLOWING A SURGICAL PROCE-
DURE; OR IN A MEDICAL EMERGENCY SITUATION. FOR PURPOSES OF THIS ARTICLE,
A "MEDICAL EMERGENCY SITUATION" SHALL MEAN AN ACUTE  INJURY  OR  ILLNESS
THAT POSES AN IMMEDIATE RISK TO A PERSON'S LIFE OR LONG-TERM HEALTH.
  § 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11730-01-9

Co-Sponsors

S5867A - Details

See Assembly Version of this Bill:
A8256
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §3331, Pub Health L

S5867A - Summary

Requires a practitioner to consider and prescribe non-opioid treatment alternatives for treatment of neuromusculoskeletal conditions.

S5867A - Sponsor Memo

S5867A - Bill Text download pdf


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

                                 5867--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 15, 2019
                               ___________

Introduced  by Sens. RIVERA, HARCKHAM -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN  ACT to amend the public health law, in relation to consideration and
  prescription of non-opioid treatment  alternatives  for  treatment  of
  neuromusculoskeletal conditions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 3331 of the public health law is amended by  adding
a new subdivision 9 to read as follows:
  9.  (A)  WHEN  A  PATIENT SEEKS TREATMENT FOR ANY NEUROMUSCULOSKELETAL
CONDITION THAT CAUSES PAIN, A PRACTITIONER SHALL CONSIDER, DISCUSS  WITH
THE  PATIENT,  AND, AS APPROPRIATE, REFER OR PRESCRIBE NON-OPIOID TREAT-
MENT ALTERNATIVES, BASED ON THE  PRACTITIONER'S  CLINICAL  JUDGMENT  AND
FOLLOWING  GENERALLY  ACCEPTED NATIONAL PROFESSIONAL OR TREATMENT GUIDE-
LINES, AND CONSISTENT WITH PATIENT PREFERENCE AND CONSENT, BEFORE START-
ING A PATIENT ON OPIOID TREATMENT. FOR THE PURPOSES OF THIS SUBDIVISION,
NON-OPIOID TREATMENT ALTERNATIVES  INCLUDE,  BUT  ARE  NOT  LIMITED  TO:
ACUPUNCTURE,  CHIROPRACTIC,  MASSAGE  THERAPY, PHYSICAL THERAPY, OCCUPA-
TIONAL THERAPY, COGNITIVE BEHAVIORAL  THERAPY,  NON-OPIOID  MEDICATIONS,
AND  NON-CLINICAL  ACTIVITIES  SUCH  AS EXERCISE. THE PRACTITIONER SHALL
INFORM THE PATIENT THAT SOME  TREATMENTS  MAY  NOT  BE  COVERED  BY  THE
PATIENT'S HEALTH COVERAGE.
  (B)  THE REQUIREMENTS OF THIS SUBDIVISION SHALL NOT APPLY FOR PATIENTS
BEING TREATED UNDER ANY OF THE  FOLLOWING  CIRCUMSTANCES:  TREATMENT  OF
CANCER;  HOSPICE OR OTHER END-OF-LIFE CARE; POST-SURGERY TREATMENT IMME-
DIATELY FOLLOWING A SURGICAL PROCEDURE; OR IN A MEDICAL EMERGENCY.   FOR
PURPOSES  OF THIS SUBDIVISION, "MEDICAL EMERGENCY" MEANS AN ACUTE INJURY
OR ILLNESS THAT POSES AN IMMEDIATE RISK TO A PERSON'S LIFE OR HEALTH.
  § 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

S5867B (ACTIVE) - Details

See Assembly Version of this Bill:
A8256
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §3331, Pub Health L

S5867B (ACTIVE) - Summary

Requires a practitioner to consider and prescribe non-opioid treatment alternatives for treatment of neuromusculoskeletal conditions.

S5867B (ACTIVE) - Sponsor Memo

S5867B (ACTIVE) - Bill Text download pdf


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

                                 5867--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 15, 2019
                               ___________

Introduced  by Sens. RIVERA, HARCKHAM -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted  to said committee -- recommitted to the Committee on Health in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the public health law, in relation to consideration  and
  prescription  of  non-opioid  treatment  alternatives for treatment of
  neuromusculoskeletal conditions

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 3331 of the public health law is amended by adding
a new subdivision 9 to read as follows:
  9. (A) WHEN A PATIENT SEEKS  TREATMENT  FOR  ANY  NEUROMUSCULOSKELETAL
CONDITION  THAT  CAUSES  PAIN,  WHERE A PRACTITIONER CONSIDERS AN OPIOID
TREATMENT, THE PRACTITIONER SHALL CONSIDER, DISCUSS  WITH  THE  PATIENT,
AND,  AS  APPROPRIATE,  REFER OR PRESCRIBE NON-OPIOID TREATMENT ALTERNA-
TIVES, BASED ON  THE  PRACTITIONER'S  CLINICAL  JUDGMENT  AND  FOLLOWING
GENERALLY  ACCEPTED  NATIONAL  PROFESSIONAL OR TREATMENT GUIDELINES, AND
CONSISTENT WITH  PATIENT  PREFERENCE  AND  CONSENT,  BEFORE  STARTING  A
PATIENT  ON OPIOID TREATMENT. FOR THE PURPOSES OF THIS SUBDIVISION, NON-
OPIOID TREATMENT ALTERNATIVES INCLUDE, BUT ARE NOT LIMITED TO:  ACUPUNC-
TURE, CHIROPRACTIC,  MASSAGE  THERAPY,  PHYSICAL  THERAPY,  OCCUPATIONAL
THERAPY, COGNITIVE BEHAVIORAL THERAPY, NON-OPIOID MEDICATIONS, INTERVEN-
TIONAL  TREATMENTS  AND  NON-CLINICAL  ACTIVITIES  SUCH AS EXERCISE. THE
PRACTITIONER SHALL INFORM THE PATIENT THAT SOME TREATMENTS  MAY  NOT  BE
COVERED BY THE PATIENT'S HEALTH COVERAGE.
  (B)  THE REQUIREMENTS OF THIS SUBDIVISION SHALL NOT APPLY FOR PATIENTS
BEING TREATED UNDER ANY OF THE  FOLLOWING  CIRCUMSTANCES:  TREATMENT  OF
CANCER;  HOSPICE OR OTHER END-OF-LIFE CARE; POST-SURGERY TREATMENT IMME-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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