A02230 Summary:

BILL NO    A02230 

SAME AS    No Same as 

SPONSOR    Gottfried

COSPNSR    Cymbrowitz, Galef, Gunther, Paulin, Peoples-Stokes, Lavine, Markey,
           Rosenthal, Colton, Abinanti, Jaffee

MLTSPNSR   Dinowitz, Hooper, Lupardo, McDonald, Perry, Rivera, Robinson, Titone

Add Art 28-F SS2899-b - 2899-e, Pub Health L

Requires health care professionals to order, prescribe, administer and dispense
pain-relieving medications in accordance with professional standards and
guidelines.
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A02230 Actions:

BILL NO    A02230 

01/15/2015 referred to health
05/12/2015 reported referred to codes
05/19/2015 reported 
05/21/2015 advanced to third reading cal.404
01/06/2016 referred to health
02/02/2016 reported referred to codes
02/09/2016 reported 
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A02230 Votes:

There are no votes for this bill in this legislative session.
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A02230 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2230
 
SPONSOR: Gottfried (MS)
  TITLE OF BILL: An act to amend the public health law, in relation to pain management   PURPOSE OR GENERAL IDEA OF BILL: This bill will protect health care professionals from criminal liability and professional discipline for prescribing and administering pain medi- cation, when they act within accepted professional standards.   SUMMARY OF SPECIFIC PROVISIONS: Section one is the Legislative findings and intent. It establishes that appropriate pain management is medically, morally and ethically accepta- ble even if it indirectly hastens death. Section two of the bill contains sections 2899-a, 2899-b and 2899-c. Section 2899-a establishes that a health care professional shall not be subject to professional discipline or criminal liability when practicing within their lawful scope of practice and in accordance with reasonable standards of care, including acceptable guidelines. Section 2899-b establishes that any failure to comply with all state and federal law, including homicide, promoting, assisting causing or aiding suicide will result in profes- sional or criminal prosecution. Section 2899-c states that this new article applies to all patients with pain, including dying patients, patients with acute pain and patients with chronic pain.   JUSTIFICATION: Many patients in New York State suffer needlessly from debilitating pain, caused by the inadequate treatment of pain. Many health care professionals are unaware of the resources available to relieve chronic and acute pain. Some are unwilling to use those resources because they fear that they will be wrongly subjected to prosecution or professional discipline. Some patients are afraid that their religion requires that they not allow health care professionals to relieve their suffering. The Catholic Conference, in testimony before the Assembly Health Commit- tee in January, 2005, testified that "suffering without pain relief is neither necessary nor a moral duty. Catholic teaching has long held that it is acceptable to relieve pain by narcotics, even when the result is decreased consciousness and shortening of life and the indirect hasten- ing of death." One purpose of this bill is to assure health care practi- tioners that when they practice pain management in keeping with this and other reasonable standards of care, they will be safe from criminal liability or professional discipline. This bill was developed in consultation with leading practitioners and academic experts.   PRIOR LEGISLATIVE HISTORY: 2005-2006: A.7643 - passed Assembly 2007-2008: A.6811-B - passed Assembly 2009-2010: A.2263 - passed Assembly 2011-2012: A.732 - passed Assembly 2013-2014: A5345 - advanced to 3rd reading   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act takes effect immediately; except that the provision concerning professional misconduct for failure to adequately prescribe pain-reliev- ing medication would take effect January 1 of the second year after it has becomes law.
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A02230 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2230
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 15, 2015
                                       ___________
 
        Introduced  by  M.  of A. GOTTFRIED, CYMBROWITZ, GALEF, GUNTHER, PAULIN,
          PEOPLES-STOKES, LAVINE, MARKEY, ROSENTHAL, COLTON, ABINANTI, JAFFEE --
          Multi-Sponsored by -- M. of A.  DINOWITZ, HOOPER,  LUPARDO,  McDONALD,
          PERRY,  RIVERA,  ROBINSON,  TITONE  --  read  once and referred to the
          Committee on Health
 
        AN ACT to amend the public health law, in relation to pain management
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative findings and intent. The legislature finds that
     2  thousands  of New Yorkers suffer needlessly from debilitating pain every
     3  year, a condition that can be remedied by the appropriate  use  of  pain
     4  medications and other pain management methods. Health care professionals
     5  often  hesitate to prescribe or administer these medications for fear of
     6  reprisal by public health or criminal justice authorities.  This  legis-
     7  lation  follows  the well-established public policy that the prescribing
     8  and administration of pain medications is a  legitimate  medical  inter-
     9  vention  that can improve the quality of life and avoid needless suffer-
    10  ing. It is a well established medical,  moral  and  ethical  proposition
    11  that it is acceptable to relieve pain by medications, even if the result
    12  is  or  may  be  decreased  consciousness and shortening of life and the
    13  indirect hastening of death. However many health care practitioners fear
    14  that the legal system may  not  recognize  that  principle.  While  this
    15  legislation  intends  to  encourage  the appropriate prescribing of pain
    16  medications, it does not intend in any way to diminish New York  state's
    17  strong public policy and laws against the abuse of drugs.
    18    §  2. The public health law is amended by adding a new article 28-F to
    19  read as follows:
    20                                 ARTICLE 28-F
    21                               PAIN MANAGEMENT
    22  Section 2899-b.   Definitions.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02694-01-5

        A. 2230                             2
 
     1          2899-c. Limitation  on  professional  discipline   or   criminal
     2                    liability.
     3          2899-d. Acts subject to professional discipline or prosecution.
     4          2899-e. Applicability.
     5    §  2899-b.  Definitions.  As used in this article, the following terms
     6  shall have the following meanings:
     7    1. "Accepted guideline" means a peer reviewed clinical practice guide-
     8  line for pain management developed, as applicable, by  a  nationally-re-
     9  cognized health care professional or specialty association, or a nation-
    10  ally-recognized pain management association.
    11    2.  "Health  care  practitioner"  means  a  health  care  practitioner
    12  licensed or certified under title eight of the  education  law,  who  is
    13  authorized  to  order,  prescribe, administer or dispense pain-relieving
    14  medications or other treatment for the relief of pain.
    15    3. "Pain-relieving medication" means a prescription drug, including  a
    16  controlled  substance  classified  as  schedule  II  or other controlled
    17  substance, used for pain relief.
    18    4. "Professional discipline" means professional discipline under title
    19  two-A of article two of this chapter or title  eight  of  the  education
    20  law.
    21    § 2899-c. Limitation on professional discipline or criminal liability.
    22  A  health  care practitioner shall not be subject to professional disci-
    23  pline or criminal liability for ordering, prescribing, administering  or
    24  dispensing  pain-relieving  medications  or  other  treatments  for  the
    25  purpose of alleviating or controlling pain when  practicing  within  the
    26  health  care  practitioner's  lawful scope of practice and in accordance
    27  with the reasonable standard of care of the health  care  practitioner's
    28  profession, including an accepted guideline.
    29    §  2899-d.  Acts subject to professional discipline or prosecution. 1.
    30  Nothing in this article shall prohibit professional discipline or crimi-
    31  nal prosecution of a health care practitioner for failure to comply with
    32  applicable state or federal law, including medical record keeping; homi-
    33  cide or promoting, assisting, causing or aiding suicide under the  penal
    34  law; or unlawful prescribing; or unlawful diversion.
    35    2. Nothing in this article shall prohibit professional discipline of a
    36  health  care  practitioner  for  failure to adequately prescribe, order,
    37  administer or dispense pain-relieving medications  or  other  treatments
    38  for  the  relief  of  pain in accordance with the reasonable standard of
    39  care of the health care practitioner's profession, including an accepted
    40  guideline.
    41    § 2899-e. Applicability. This article shall apply to the treatment  of
    42  all  patients  with  pain, including dying patients, patients with acute
    43  pain and patients with chronic pain, regardless of the  patient's  prior
    44  or  current chemical dependency or addiction; provided that a reasonable
    45  standard of care of the health care practitioner's profession, including
    46  accepted guidelines, may make special provisions relating  to  prior  or
    47  current chemical dependency or addiction.
    48    § 3. This act shall take effect immediately, provided that subdivision
    49  2 of section 2899-d of the public health law, as added by section two of
    50  this  act,  shall take effect on the first of January of the second year
    51  after it shall have become a law.
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