NY State Senate Bill 2021-S4640

Senate Bill S4640

2021-2022 Legislative Session

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

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Archive: Last Bill Status Via A273 - Passed Senate

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
May 25, 2022	returned to assembly passed senate 3rd reading cal.1332 substituted for s4640
May 25, 2022	substituted by a273
May 17, 2022	advanced to third reading
May 16, 2022	2nd report cal.
May 11, 2022	1st report cal.1332
Jan 05, 2022	referred to health returned to senate died in assembly
Jun 03, 2021	referred to health delivered to assembly passed senate
Apr 28, 2021	advanced to third reading
Apr 27, 2021	2nd report cal.
Apr 26, 2021	1st report cal.731
Feb 08, 2021	referred to health

Votes

- May 25, 2022 - Floor Vote
  A273
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 25, 2022
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      nay (1)
      
      Ryan
      
      excused (2)
      
      Breslin
      
      Brouk
  May 9, 2022 - Health Committee Vote
  S4640
  
  13
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 9, 2022
      
      aye (13)
      
      Biaggi
      
      Boyle
      
      Cleare
      
      Gallivan
      
      Hoylman-Sigal
      
      Kaminsky
      
      May
      
      Oberacker
      
      Rath III
      
      Rivera
      
      Salazar
      
      Stec
      
      Thomas
      
      aye wr (1)
      
      Ryan
      
      excused (1)
      
      Brouk

co-Sponsors

2021-S4640 (ACTIVE) - Details

See Assembly Version of this Bill:: A273
Law Section:: Public Health Law
Laws Affected:: Amd §3331, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S5867, A8256

2021-S4640 (ACTIVE) - Summary

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

2021-S4640 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4640

SPONSOR: RIVERA
 
TITLE OF BILL:

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

 
SUMMARY OF PROVISIONS OF BILL:

Section 1 adds a new Public Health Law § 3331, subdivision 9. It
requires that a practitioner treating a patient with a neuromusculosk-
eletal condition that causes pain consider, discuss, and, if appropri-
ate, refer or prescribe non-opioid treatments before prescribing an
opioid. This requirement would not apply in a medical emergency, immedi-
ate post-surgical care, hospice or other end-of-life care, or cancer
treatment, though it does not preclude non-opioid treatment options in
those circumstances.

Section 2 provides the effective date.

 
JUSTIFICATION:

Opioid prescriptions have become a common solution for treating pain of
all kinds, from acute injuries to chronic pain. According to the CDC,
low back pain is one of the most common conditions being treated with
opioids, and as many as one in four primary care patients on long term
opioid therapies struggle with an opioid use disorder.  Although opioids
are prescribed to mask neuromusculoskeletal pain, other treatments may
actually resolve the cause of the pain itself. A large and growing body
of medical literature supports the use of treatments such as physical
therapy, chiropractic care, acupuncture, massage therapy, and occupa-
tional therapy to manage and alleviate pain. The CDC Guideline for
Prescribing Opioids for Chronic Pain calls for considering conservative
therapies such as these, as well as exercise, cognitive behavioral ther-
apy, and non-opioid medications, before starting opioids.

This bill does not limit a patient or doctor's options for pain treat-
ment, but rather requires that both parties consider the alternatives
available before choosing an opioid prescription. More and more studies
show that these conservative care therapies can improve a patient's pain
and prevent the need for an opioid prescription, which is the best way
to prevent opioid dependence and overdose.

 
LEGISLATIVE HISTORY:

2019-2020: S5867B/A8256A Gottfried

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
Immediately

2021-S4640 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4640
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2021
                                ___________
 
 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 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-
 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.
                                                            LBD00473-01-1

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Senate Bill S4640

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Sponsored By

Gustavo Rivera