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S05949 Summary:

BILL NOS05949
 
SAME ASSAME AS A08523
 
SPONSORAKSHAR
 
COSPNSRFUNKE, HELMING, O'MARA, PHILLIPS, RANZENHOFER, RITCHIE
 
MLTSPNSR
 
Add 3346, Pub Health L
 
Relates to prescribing opioids to a minor; prohibits practitioners from prescribing to a minor more than a seven day supply of any controlled substance containing an opioid and requires practitioners to obtain written parental consent before issuing a first prescription of a controlled substance containing an opioid to a minor; establishes exceptions.
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S05949 Actions:

BILL NOS05949
 
05/08/2017REFERRED TO HEALTH
06/14/2017COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/14/2017ORDERED TO THIRD READING CAL.1657
06/14/2017PASSED SENATE
06/14/2017DELIVERED TO ASSEMBLY
06/14/2017referred to health
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S05949 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5949
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                       May 8, 2017
                                       ___________
 
        Introduced  by  Sen.  AKSHAR -- 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  prescribing
          opioids to a minor
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The public health law is amended by adding  a  new  section
     2  3346 to read as follows:
     3    § 3346. Prescribing opioids to minors. 1. As used in this section, the
     4  following terms shall have the following meanings:
     5    (a) "another adult authorized to consent to the minor's medical treat-
     6  ment"  means  an  adult  to  whom a minor's parent or guardian has given
     7  written authorization to consent to the minor's medical treatment;
     8    (b) "medical emergency" means a situation  that  in  a  practitioner's
     9  good  faith medical judgment creates an immediate threat of serious risk
    10  to the life or physical health of a minor; and
    11    (c) "minor" means an individual under eighteen years of age who is not
    12  emancipated. For purposes of this section, an individual under  eighteen
    13  years  of  age  is  emancipated  only if the individual has married, has
    14  entered the armed services of the United States, has become employed and
    15  self-sustaining, or otherwise has become independent from the  care  and
    16  control of the individual's parent, guardian, or custodian.
    17    2. (a) A practitioner shall not prescribe to a minor more than a seven
    18  day supply of any controlled substance containing an opioid.
    19    (b)  Except  as  provided in subdivision three of this section, before
    20  issuing for a minor the first prescription in a single course of  treat-
    21  ment for a particular compound that is a controlled substance containing
    22  an  opioid,  regardless  of  whether  the dosage is modified during that
    23  course of treatment, a practitioner shall:
    24    (i) assess whether the  minor  has  ever  suffered,  or  is  currently
    25  suffering,  from  mental health or substance abuse disorders and whether
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04258-01-7

        S. 5949                             2
 
     1  the minor has taken or is currently taking prescription drugs for treat-
     2  ment of those disorders;
     3    (ii)  discuss  with  the  minor  and  the minor's parent, guardian, or
     4  another adult authorized to consent to the minor's medical treatment all
     5  of the following:
     6    (A) the risks of addiction and overdose associated with the controlled
     7  substance containing an opioid;
     8    (B) the increased risk of addiction to controlled substances of  indi-
     9  viduals suffering from both mental and substance abuse disorders;
    10    (C)  the  dangers of taking controlled substances containing an opioid
    11  with benzodiazepines, alcohol, or other central nervous  system  depres-
    12  sants; and
    13    (D)  any  other  information  in  the  patient  counseling information
    14  section of the labeling for controlled substances containing  an  opioid
    15  required under 21 C.F.R.  201.57(c)(18); and
    16    (iii)  obtain  written  consent  for the prescription from the minor's
    17  parent, guardian, or, subject  to  subdivision  four  of  this  section,
    18  another  adult  authorized  to consent to the minor's medical treatment.
    19  The practitioner shall record the consent on a form  prescribed  by  the
    20  commissioner.  The  form  shall  be separate from any other document the
    21  practitioner  uses  to  obtain  informed  consent  for  other  treatment
    22  provided to the minor. The form shall contain all of the following:
    23    (A)  the  name  and quantity of the controlled substance containing an
    24  opioid being prescribed and the amount of the initial dose;
    25    (B) a statement indicating that a controlled substance is  a  drug  or
    26  other  substance  that the United States drug enforcement administration
    27  has identified as having a potential for abuse;
    28    (C) a statement certifying that the practitioner  discussed  with  the
    29  minor  and  the minor's parent, guardian, or another adult authorized to
    30  consent to the  minor's  medical  treatment  the  matters  described  in
    31  subparagraph (ii) of this paragraph;
    32    (D) the number of refills, if any, authorized by the prescription; and
    33    (E)  the  signature  of the minor's parent, guardian, or another adult
    34  authorized to consent to the minor's medical treatment and the  date  of
    35  signing.
    36    3. The requirements in subdivision two of this section do not apply if
    37  the  minor's  treatment with a controlled substance containing an opioid
    38  meets any of the following criteria:
    39    (a) the treatment is associated with or incident to a medical emergen-
    40  cy; or
    41    (b)  in  the  practitioner's  professional  judgment,  fulfilling  the
    42  requirements  of  subdivision  two  of  this section with respect to the
    43  minor's treatment would be a detriment to the minor's health or safety.
    44    4. If the individual who signs the consent form required  by  subdivi-
    45  sion  two  of this section is another adult authorized to consent to the
    46  minor's medical treatment, the practitioner  shall  prescribe  not  more
    47  than  a single, seventy-two hour supply and indicate on the prescription
    48  the quantity that is to be dispensed pursuant to the prescription.
    49    5. A signed consent form obtained under this section  shall  be  main-
    50  tained in the minor's medical record.
    51    §  2.  This  act shall take effect on the ninetieth day after it shall
    52  have become a law; provided, however, that  effective  immediately,  the
    53  addition,  amendment  and/or  repeal of any rule or regulation necessary
    54  for the implementation of this act on its effective date are  authorized
    55  and directed to be made and completed on or before such effective date.
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