Relates to patient counseling before issuing a prescription for a schedule II opioid; requires practitioners to consult with the patient regarding the quantity of the opioid and the patient's option to fill the prescription in a lesser quantity, and to inform the patient of the risks associated with opiate addiction and document the reason for the prescription.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1937
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the public health law, in relation to patient counseling
before issuing a prescription for a schedule II opioid
PURPOSE:
This bill will authorize a practitioner to consult with a patient in
regards to the quantity of an opioid prescribed.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 establishes that a practitioner must consult with a patient
regarding the quantity of an opioid as well as the patient's option to
fill the prescription in a lesser quantity. The patient must also be
informed of the risk associated with an opioid-related addiction. The
reason for the prescription is to be documented in the patient's medical
record.
Section 2 states the effective date.
JUSTIFICATION:
A rising number of New Yorkers are suffering from opioid addiction that
starts with a legal prescription. According to the New York Times, in
2015 75% of heroin addicts had previously been prescribed or used
prescription opioids.
In order to combat this crisis, we must give patients the opportunity
and right to be prescribed lower doses of pain killers. In a recent
study of large chain pharmacies, one pharmacy found "42 outlier prescri-
bers out of more than 1 million. Within that chain alone, the 42 each
issued prescriptions for about 5,000 average monthly doses of high-risk
drugs over 21 months. On an annual basis that would cumulatively total
more than 4 million dosage units" (John Hopkins Bloomberg School of
Public Health, 19).
Statistics have shown that approximately 70% of individuals, who use
opioid pain relievers on a non-medical basis, received used drugs from
either family members or friends (John Hopkins Bloomberg School of
Public Health, 26). These numbers demonstrate that physicians continue
to over-prescribe prescription pain killers which can lead to addiction.
Patients should have the right to ask for lower dosages of painkillers
so they will not have excess medication that could be abused by family
members or friends.
Medical practitioners will also be required to document the prescription
as well as the dosage in the patient's medical history. This will help
track the patients use of addictive pain medication as well as act as a
deterrent to physicians who over prescribe opioids.
LEGISLATIVE HISTORY:
2023-24: A.770 - Referred to Higher Education; 5.4870 - Referred to
Health
2021-22: A.2091 - Referred to Higher Education; 5.1934 - Referred to
Health
2019-20: A.741 - Referred to Higher Education; S.331 - Referred to
Health
2017-18: A.8538 - Referred to Higher Education; S.5670 - Passed Senate
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
