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STATE OF NEW YORK ________________________________________________________________________ 1124--A Cal. No. 68 2013-2014 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2013 ___________ Introduced by M. of A. ROSENTHAL, GOTTFRIED, ORTIZ, KELLNER, HOOPER -- Multi-Sponsored by -- M. of A. CLARK, DINOWITZ, PERRY, RIVERA -- read once and referred to the Committee on Health -- advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the public health law, in relation to the prescription pain medication awareness program and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 3309-a of the public health law, as added by 2 section 52 of part D of chapter 56 of the laws of 2012, subparagraphs 3 (i), (ii) and (iii) of paragraph (b) of subdivision 2 as amended and 4 subparagraph (iv) of paragraph (b) of subdivision 2 as added by section 5 1 and subdivisions 3 and 4 as amended by section 2 of part D of chapter 6 447 of the laws of 2012, is amended to read as follows: 7 § 3309-a. Prescription pain medication awareness program. 1. There is 8 hereby established within the department a prescription pain medication 9 awareness program to educate the public and health care practitioners 10 about the risks associated with prescribing and taking controlled 11 substance pain medications. 12 2. Within the amounts appropriated, the commissioner, in consultation 13 with the commissioner of the office of alcoholism and substance abuse 14 services, shall[ :15 (a) Develop] develop and conduct a public health education media 16 campaign designed to alert youth, parents and the general population 17 about the risks associated with prescription pain medications and the 18 need to properly dispose of any unused medication. In developing this 19 campaign, the commissioner shall consult with and use information 20 provided by the work group established pursuant to subdivision [ (b)] 21 four of this section and other relevant professional organizations. The 22 campaign shall include an internet website providing information for 23 parents, children and health care professionals on the risks associated EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05030-03-4A. 1124--A 2 1 with taking opioids and resources available to those needing assistance 2 with prescription pain medication addiction. Such website shall also 3 provide information regarding where individuals may properly dispose of 4 controlled substances in their community and include active links to 5 further information and resources. The campaign shall begin no later 6 than September first, two thousand twelve. 7 3. The commissioner, in consultation with the commissioner of educa- 8 tion, shall establish standards, and review and implement requirements 9 for the performance of continuing medical education on pain management, 10 palliative care and addiction. Every health care professional licensed, 11 registered or certified under title eight of the education law to treat 12 humans and registered under the federal controlled substances act and in 13 possession of a registration number from the drug enforcement adminis- 14 tration, United States Department of Justice, or its successor agency, 15 shall, every two years, complete three hours of course work as set forth 16 in this section; provided, however, that said hours shall be deemed to 17 count toward the professional's obligation for board certification. 18 (a) Existing curricula, including curricula developed by a nationally 19 recognized health care professional, specialty, or provider association, 20 or nationally recognized pain management association, may be considered 21 in implementing this section. 22 (b) Curricula shall include, but not be limited to: I-STOP and drug 23 enforcement administration requirements for prescribing controlled 24 substances; pain management; appropriate prescribing; managing acute 25 pain; palliative medicine; prevention, screening and signs of addiction; 26 responses to abuse and addiction; and end of life care. 27 (c) The commissioner shall provide an exemption from this requirement 28 to anyone who requests such an exemption and who demonstrates to the 29 commissioner's satisfaction that: 30 (i) there would be no need for him or her to complete such course work 31 or training because of the nature, area or specialty of his or her prac- 32 tice; or 33 (ii) he or she has completed course work or training deemed by the 34 commissioner to be equivalent to the standards for course work or train- 35 ing approved under this section. 36 (d) The commissioner, in consultation with the commissioner of educa- 37 tion and stakeholders shall report to the temporary president of the 38 senate, the speaker of the assembly and the chairs of the health and 39 higher education committees no later than three years after the effec- 40 tive date of this subdivision on the success and impact of this section 41 and any recommendations. 42 [ (b)] 4. Establish a work group, no later than June first, two thou- 43 sand twelve, which shall be composed of experts in the fields of pallia- 44 tive and chronic care pain management and addiction medicine. Members of 45 the work group shall receive no compensation for their services, but 46 shall be allowed actual and necessary expenses in the performance of 47 their duties pursuant to this section. The work group shall: 48 [ (i)] (a) Report to the commissioner regarding the development of 49 recommendations and model courses for continuing medical education, 50 refresher courses and other training materials for licensed health care 51 professionals on appropriate use of prescription pain medication. Such 52 recommendations, model courses and other training materials shall be 53 submitted to the commissioner, who shall make such information available 54 for the use in medical education, residency programs, fellowship 55 programs, and for use in continuing medication education programs no 56 later than January first, two thousand thirteen. Such recommendationsA. 1124--A 3 1 also shall include recommendations on: [ (A)] (i) educational and contin- 2 uing medical education requirements for practitioners appropriate to 3 address prescription pain medication awareness among health care profes- 4 sionals; [ (B)] (ii) continuing education requirements for pharmacists 5 related to prescription pain medication awareness; and [ (C)] (iii) 6 continuing education in palliative care as it relates to pain manage- 7 ment, for which purpose the work group shall consult the New York state 8 palliative care education and training council; 9 [ (ii)] (b) No later than January first, two thousand thirteen, provide 10 outreach and assistance to health care professional organizations to 11 encourage and facilitate continuing medical education training programs 12 for their members regarding appropriate prescribing practices for the 13 best patient care and the risks associated with overprescribing and 14 underprescribing pain medication; 15 [ (iii)] (c) Provide information to the commissioner for use in the 16 development and continued update of the public awareness campaign, 17 including information, resources, and active web links that should be 18 included on the website; and 19 [ (iv)] (d) Consider other issues deemed relevant by the commissioner, 20 including how to protect and promote the access of patients with a 21 legitimate need for controlled substances, particularly medications 22 needed for pain management by oncology patients, and whether and how to 23 encourage or require the use or substitution of opioid drugs that employ 24 tamper-resistance technology as a mechanism for reducing abuse and 25 diversion of opioid drugs. 26 [ 3.] 5. On or before September first, two thousand twelve, the commis- 27 sioner, in consultation with the commissioner of the office of alcohol- 28 ism and substance abuse services, the commissioner of education, and the 29 executive secretary of the state board of pharmacy, shall add to the 30 workgroup such additional members as appropriate so that the workgroup 31 may provide guidance in furtherance of the implementation of the I-STOP 32 act. For such purposes, the workgroup shall include but not be limited 33 to consumer advisory organizations, health care practitioners and 34 providers, oncologists, addiction treatment providers, practitioners 35 with experience in pain management, pharmacists and pharmacies, and 36 representatives of law enforcement agencies. 37 [ 4.] 6. The commissioner shall report to the governor, the temporary 38 president of the senate and the speaker of the assembly no later than 39 March first, two thousand thirteen, and annually thereafter, on the work 40 group's findings. The report shall include information on opioid over- 41 dose deaths, emergency room utilization for the treatment of opioid 42 overdose, the utilization of pre-hospital addiction services and recom- 43 mendations to reduce opioid addiction and the consequences thereof. The 44 report shall also include a recommendation as to whether subdivision two 45 of section thirty-three hundred forty-three-a of this article should be 46 amended to require practitioners prescribing or dispensing certain iden- 47 tified schedule V controlled substances to comply with the consultation 48 requirements of such subdivision. 49 § 2. This act shall take effect one year after it shall have become a 50 law and shall expire and be deemed repealed 4 years after such date. 51 Provided, however, that effective immediately, the addition, amendment 52 and/or repeal of any rule or regulation necessary for the implementation 53 of this act on its effective date is authorized and directed to be made 54 and completed on or before such effective date.