assembly Bill A3405

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to health
Jan 26, 2021 referred to health

Co-Sponsors

A3405 (ACTIVE) - Details

See Senate Version of this Bill:
S6043
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §§3309-b & 3309-c, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:
A7285, S4277

A3405 (ACTIVE) - 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.

A3405 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3405
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred 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;  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-
 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.