NY State Senate Bill S2966A

Archive: Last Bill Status Via A336 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 30, 2021	signed chap.803
Dec 17, 2021	delivered to governor
Jun 03, 2021	returned to assembly passed senate 3rd reading cal.904 substituted for s2966a
Jun 03, 2021	substituted by a336a
May 10, 2021	advanced to third reading
May 05, 2021	2nd report cal.
May 04, 2021	1st report cal.904
Apr 19, 2021	print number 2966a
Apr 19, 2021	amend and recommit to finance reported and committed to finance
Jan 26, 2021	referred to health

Votes

view votes

Jun 3, 2021 - floor Vote

A336A

floor

Aye

Nay

Absent

Excused

Abstained

May 4, 2021 - Finance committee Vote

S2966A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Apr 20, 2021 - Health committee Vote

S2966

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S2966 - Details

See Assembly Version of this Bill:: A336
Law Section:: Public Health Law
Laws Affected:: Amd §3309, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S5150, A5603

S2966 - Summary

Provides that with the first opioid prescription of each year for use in a setting other than a general hospital or nursing home under article twenty-eight of this chapter or facility under article thirty-one of the mental hygiene law, or when a practitioner is prescribing a controlled substance to a patient under the care of hospice, the prescriber shall prescribe an opioid antagonist when any of the following risk factors are present: a history of substance abuse disorder; high dose or cumulative prescriptions that result in 90 morphine milligram equivalents or higher per day; concurrent use of opioids and benzodiazepine or nonbenzodiazepine sedative hypnotics.

S2966 - Sponsor Memo

 
BILL NUMBER: S2966

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the public health law, in relation to prescribing an
opioid antagonist with a patient's first opioid prescription in a given
year

 
PURPOSE:

To prescribe an opioid antagonist, a drug used to counter the effects of
opioid overdose, with a patient's first opioid analgesic prescription
each year.

 
SUMMARY OF PROVISIONS:

Section 1. Adds a new subdivision 7 to Section 3309 of the public health
law, which provides that the first opioid prescription to a particular
patient each year, in a setting other than a general hospital, nursing
home, or hospice care, shall be accompanied with a prescription for an

opioid antagonist if any of the following risk factors are present: a
history of substance use disorder; high doses or cumulative
prescriptions that result in over fifty morphine milligram equivalents
per day; concurrent use of opioid and benzodiazepine or nonbenzodiaze
pine sedative hypnotics.

Section 2. Contains 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 studies by the Centers for Disease Control and Prevention,
drug poisoning deaths involving opioid analgesics, also known as
prescription pain relievers, such as codeine and oxycodone, have more
than tripled nationally since 1999, and between 2000 and 2011, the rate
of drug poisoning deaths involving opioid analgesics in NYC increased by
267%. In 2012, prescription opioid analgesics were involved in 28% of
overdose deaths in NYC. Between 2015 and 2016 the opioid overdose death
rate in New York State increased by 40%/ Additionally, eighty percent of
heroin users have reported that they used opioid analgesics before
switching to heroin. As of March 2018, more than 115 people in the
United States die every day from overdosing on opioids, according to the
CDC.

The CDC has stated that higher dosages of opioids are associated with
higher risks of overdosing. Furthermore, higher dosages have not been
shown to reduce pain over the long term. The CDC maintains the threshold
of "higher dosages" begins at 50 morphine milligram equivalents (MME)
per day, instructing clinicians to treat the prescription of 50 MME or
more as a risk factor for overdose. Dosages of 50 MME at least double
the risk of overdose from the risk at leSs than 20 MME.


Opioid antagonists, such as naloxone, are drugs that reverse the effects
of opioids, and are effective in preventing overdose deaths.  The avail-
ability of an opioid antagonist is crucial in ensuring that overdose
deaths do not occur. However, an opioid antagonist can only be effective
as an antidote if it is readily accessible when an overdose is happen-
ing. Additionally, opioid antagonists are non-habit forming and non-tox-
ic. On April 5th, 2018, the United States Surgeon General issued the
first national advisory in over a decade, urging all Americans to carry
naloxone.

Currently, opioid antagonists can only be used if they are prescribed.
A recent NYC Department of Mental Health and Hygiene study supported a
co-prescribing mandate to increase the availability of opioid antag-
onists. This legislation, by increasing access to opioid antagonists,
may be able to save the lives of those at risk for opioid analgesic
overdoses.

 
LEGISLATIVE HISTORY:

2019-20: S5150 Passed Senate; same as A5603 (Braunstein) referred to
ways and means;

2013-2014: A9365-Referred to Health

2015-2016: A661-Referred to Health

2017-2018: A1531-A-Referred to Health

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed by the commissioner of health on or before such effective
date.

S2966 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2966
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 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  prescribing  an
   opioid  antagonist  with  a  patient's  first opioid prescription in a
   given year

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 3309 of the public health law is amended by adding
 a new subdivision 7 to read as follows:
   7. WITH THE FIRST PRESCRIPTION TO A PARTICULAR PATIENT OF AN OPIOID OF
 EACH YEAR FOR USE IN A SETTING OTHER THAN A GENERAL HOSPITAL OR  NURSING
 HOME  UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR FACILITY UNDER ARTI-
 CLE THIRTY-ONE OF THE MENTAL HYGIENE LAW,  OR  WHEN  A  PRACTITIONER  IS
 PRESCRIBING  A  CONTROLLED  SUBSTANCE  TO  A  PATIENT  UNDER THE CARE OF
 HOSPICE AS DEFINED BY SECTION FOUR THOUSAND TWO  OF  THIS  CHAPTER,  THE
 PRESCRIBER  SHALL PRESCRIBE AN OPIOID ANTAGONIST WHEN ANY OF THE FOLLOW-
 ING RISK FACTORS ARE PRESENT: (A) A HISTORY OF SUBSTANCE  USE  DISORDER;
 (B)  HIGH  DOSE  OR  CUMULATIVE  PRESCRIPTIONS THAT RESULT IN OVER FIFTY
 MORPHINE MILLIGRAM EQUIVALENTS PER DAY; (C) CONCURRENT  USE  OF  OPIOIDS
 AND BENZODIAZEPINE OR NONBENZODIAZEPINE SEDATIVE HYPNOTICS.
   § 2. This act shall take effect on the one hundred eightieth 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  by  the  commissioner  of  health on or before such effective
 date.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03417-01-1

Co-Sponsors

S2966A (ACTIVE) - Details

See Assembly Version of this Bill:: A336
Law Section:: Public Health Law
Laws Affected:: Amd §3309, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S5150, A5603

S2966A (ACTIVE) - Summary

S2966A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2966A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the public health law, in relation to prescribing an
opioid antagonist with a patient's first opioid prescription in a given
year

 
PURPOSE:

To prescribe an opioid antagonist, a drug used to counter the effects of
opioid overdose, with a patient's first opioid analgesic prescription
each year.

 
SUMMARY OF PROVISIONS:

Section 1. Adds a new subdivision 7 to Section 3309 of the public health
law, which provides that the first opioid prescription to a particular
patient each year, in a setting other than a general hospital, nursing
home, or hospice care, shall be accompanied with a prescription for an

opioid antagonist if any of the following risk factors are present: a
history of substance use disorder; high doses or cumulative
prescriptions that result in over ninety morphine milligram equivalents
or higher per day; concurrent use of opioid and benzodiazepine or
nonbenzodiazepine sedative hypnotics.

Section 2. Contains 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 studies by the Centers for Disease Control and Prevention,
drug poisoning deaths involving opioid analgesics, also known as
prescription pain relievers, such as codeine and oxycodone, have more
than tripled nationally since 1999, and between 2000 and 2011, the rate
of drug poisoning deaths involving opioid analgesics in NYC increased by
267%. In 2012, prescription opioid analgesics were involved in 28% of
overdose deaths in NYC. Between 2015 and 2016 the opioid overdose death
rate in New York State increased by 40%/ Additionally, eighty percent of
heroin users have reported that they used opioid analgesics before
switching to heroin. As of March 2018, more than 115 people in the
United States die every day from overdosing on opioids, according to the
CDC.

The CDC has stated that higher doses of opioids are associated with
higher risks of overdosing. Furthermore, higher dosages have not been
shown to reduce pain over the long term. The CDC maintains the threshold
of "higher dosages" begins at 50 morphine milligram equivalents (MME)
per day, instructing clinicians to treat the prescription of 50 MME or
more as a risk factor for overdose. Dosages of 50 MME at least double
the risk of overdose from the risk at less than 20 MME.


Opioid antagonists, such as naloxone, are drugs that reverse the effects
of opioids, and are effective in preventing overdose deaths.  The avail-
ability of an opioid antagonist is crucial in ensuring that overdose
deaths do not occur. However, an opioid antagonist can only be effective
as an antidote if it is readily accessible when an overdose is happen-
ing. Additionally, opioid antagonists are non-habit forming and non-tox-
ic. On April 5th, 2018, the United States Surgeon General issued the
first national advisory in over a decade, urging all Americans to carry
naloxone.

Currently, opioid antagonists can only be used if they are prescribed.
A recent NYC Department of Mental Health and Hygiene study supported a
co-prescribing mandate to increase the availability of opioid antag-
onists. This legislation, by increasing access to opioid antagonists,
may be able to save the lives of those at risk for opioid analgesic
overdoses.

 
LEGISLATIVE HISTORY:

2019-20: S5150 Passed Senate; same as A5603 (Braunstein) referred to
ways and means;
2013-2014: A9365 - Referred to Health
2015-2016: A661 - Referred to Health
2017-2018: Al 531-A - Referred to Health

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed by the commissioner of health on or before such effective
date.

S2966A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2966--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by  Sens. HARCKHAM, BROUK -- read twice and ordered printed,
   and when printed to  be  committed  to  the  Committee  on  Health  --
   reported  favorably from said committee and committed to the Committee
   on Finance -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 AN ACT to amend the public health law, in  relation  to  prescribing  an
   opioid  antagonist  with  a  patient's  first opioid prescription in a
   given year
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 3309 of the public health law is amended by adding
 a new subdivision 7 to read as follows:
   7. WITH THE FIRST PRESCRIPTION TO A PARTICULAR PATIENT OF AN OPIOID OF
 EACH YEAR FOR USE IN A SETTING OTHER THAN A GENERAL HOSPITAL OR  NURSING
 HOME  UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR FACILITY UNDER ARTI-
 CLE THIRTY-ONE OF THE MENTAL HYGIENE LAW,  OR  WHEN  A  PRACTITIONER  IS
 PRESCRIBING  A  CONTROLLED  SUBSTANCE  TO  A  PATIENT  UNDER THE CARE OF
 HOSPICE AS DEFINED BY SECTION FOUR THOUSAND TWO  OF  THIS  CHAPTER,  THE
 PRESCRIBER  SHALL PRESCRIBE AN OPIOID ANTAGONIST WHEN ANY OF THE FOLLOW-
 ING RISK FACTORS ARE PRESENT: (A) A HISTORY OF SUBSTANCE  USE  DISORDER;
 (B) HIGH DOSE OR CUMULATIVE PRESCRIPTIONS THAT RESULT IN NINETY MORPHINE
 MILLIGRAM  EQUIVALENTS  OR HIGHER PER DAY; (C) CONCURRENT USE OF OPIOIDS
 AND BENZODIAZEPINE OR NONBENZODIAZEPINE SEDATIVE HYPNOTICS.
   § 2. This act shall take effect on the one hundred eightieth 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 by the commissioner of health  on  or  before  such  effective
 date.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03417-05-1

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The New York State Senate

senate Bill S2966A

Sponsored By

Archive: Last Bill Status Via A336 - Signed by Governor

Your Voice

Actions

Votes

Jun 3, 2021 - floor Vote

Floor Vote: Jun 3, 2021

May 4, 2021 - Finance committee Vote

Finance Committee Vote: May 4, 2021

Apr 20, 2021 - Health committee Vote

Committee Vote: Apr 20, 2021

Bill Amendments

Co-Sponsors

S2966 - Details

S2966 - Summary

S2966 - Sponsor Memo

S2966 - Bill Text download pdf

Co-Sponsors

S2966A (ACTIVE) - Details

S2966A (ACTIVE) - Summary

S2966A (ACTIVE) - Sponsor Memo

S2966A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2966A

Share this bill

Sponsored By

Pete Harckham

Archive: Last Bill Status Via A336 - Signed by Governor

Your Voice

Actions

Votes

Jun 3, 2021 - floor Vote

Floor Vote: Jun 3, 2021

May 4, 2021 - Finance committee Vote

Finance Committee Vote: May 4, 2021

Apr 20, 2021 - Health committee Vote

Committee Vote: Apr 20, 2021

Bill Amendments

Co-Sponsors

Samra G. Brouk

S2966 - Details

S2966 - Summary

S2966 - Sponsor Memo

S2966 - Bill Text download pdf

Co-Sponsors

Samra G. Brouk

S2966A (ACTIVE) - Details

S2966A (ACTIVE) - Summary

S2966A (ACTIVE) - Sponsor Memo

S2966A (ACTIVE) - Bill Text download pdf

Comments