A02230 Summary:

BILL NO    A02230 

SAME AS    No same as 

SPONSOR    Gottfried (MS)

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
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A02230 Votes:

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

BILL NUMBER:A2230

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 medication, 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
acceptable 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 professional 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
Committee 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 hastening of death." One purpose of this bill is to
assure health care practitioners 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-relieving medication would take effect January 1 of the second
year after it has becomes law.
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A02230 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         2230

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   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    S  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    S  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    S 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    S  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    S 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    S 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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