Requires health practitioners to discuss with patients the risks associated with certain pain medications before prescribing such medications; requires that for the first opioid analgesic prescription of a calendar year the prescribing physician shall counsel the patient on the risks of overdose.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1227
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the public health law, in relation to requiring health
practitioners to discuss with patients the risks associated with certain
pain medications before prescribing such medications; and in relation to
opioid analgesic prescriptions
PURPOSE:
Amends the public health law to better protect the health and safety of
patients undergoing opioid or related schedule II controlled substance
prescription dosage for treatment as well as inform patients of the
side-effects that may result from such use.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the public health law by adding a new section 3309-b.
Section 2 amends the public health law by adding a new section 3309-c.
Section 3 provides the effective date.
JUSTIFICATION:
When patients receive opioid and other schedule II controlled substance
prescriptions for pain relief, they are often uninformed of the risks
and side-effects associated with the use of aforesaid medications such
as; physical and psychological dependencies and abuse. Moreover,
patients are frequently neglected to be provided with information of
alternative prescriptions available to them, or why the prescription is
necessary to their well-being. This legislation will help in preventing
patients from being left in the dark regarding the risk management, side
effects, alternative methods, and imperatives of their prescribed medi-
cation.
LEGISLATIVE HISTORY:
2021-22: A.3405 - Referred to Health; S.6043 - Referred to Health
2019-20: A.7285 - Referred to Health; S.4277 - Passed Senate
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
On the sixteenth day after it shall become law.
STATE OF NEW YORK
________________________________________________________________________
1227
2023-2024 Regular Sessions
IN ASSEMBLY
January 13, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to requiring health
practitioners to discuss with patients the risks associated with
certain pain medications before prescribing such medications; and in
relation to opioid analgesic prescriptions
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 3309-b to read as follows:
3 § 3309-b. Practitioner and patient discussions; opioid prescriptions.
4 1. Prior to issuing the initial prescription of a Schedule II controlled
5 substance for the treatment of pain or any other opioid drug which is a
6 prescription drug for acute or chronic pain and again prior to issuing
7 the third prescription of the course of treatment, a practitioner shall
8 discuss with the patient, or the patient's parent or guardian if the
9 patient is under eighteen years of age and is not an emancipated minor,
10 the risks associated with the drugs being prescribed, including but not
11 limited to:
12 (a) the risks of addiction and overdose associated with opioid drugs
13 and the dangers of taking opioid drugs with alcohol, benzodiazepines and
14 other central nervous system depressants;
15 (b) the reasons why the prescription is necessary;
16 (c) alternative treatments that may be available; and
17 (d) the risks associated with the use of the drugs being prescribed,
18 specifically that opioids are highly addictive, even when taken as
19 prescribed, that there is a risk of developing a physical or psycholog-
20 ical dependence on the controlled substance, and that the risks of
21 taking more opioids than prescribed, or mixing sedatives, benzodiaze-
22 pines or alcohol with opioids, can result in fatal respiratory
23 depression.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01235-01-3
A. 1227 2
1 2. The department shall develop and make available to practitioners
2 guidelines for the discussion required by this section.
3 § 2. The public health law is amended by adding a new section 3309-c
4 to read as follows:
5 § 3309-c. Opioid analgesic prescription. 1. For the first opioid anal-
6 gesic prescription of a calendar year that is greater than a one week's
7 supply, the prescribing physician shall counsel the patient on the risks
8 of overdose, and inform the patient of the availability of an opioid
9 antagonist, including, but not limited to, naloxone.
10 2. For the purposes of this section, the following terms shall have
11 the following meanings:
12 (a) "Opioid analgesics" means the medicines buprenorphine, butorpha-
13 nol, codeine, hydrocodone, hydromorphone, levorphanol, meperidine,
14 methadone, morphine, nalbuphine, oxycodone, oxymorphone, pentazocine,
15 propoxyphene as well as their brand names, isomers and combinations.
16 (b) "Opioid antagonist" means an FDA-approved drug that, when adminis-
17 tered, negates or neutralizes in whole or in part the pharmacological
18 effects of an opioid in the body. The opioid antagonist is limited to
19 naloxone or other medications approved by the department for this
20 purpose.
21 § 3. This act shall take effect on the one hundred twentieth day after
22 it shall have become a law. Effective immediately, the addition, amend-
23 ment and/or repeal of any rule or regulation necessary for the implemen-
24 tation of this act on its effective date are authorized to be made and
25 completed on or before such effective date.
