Requires disclosure of addiction risks for certain prescription drugs; requires physicians, nurses and pharmacists to provide information on prevention, mitigation and treatment of prescription drug addiction and to have patient sign form acknowledging education of such risks.
STATE OF NEW YORK
________________________________________________________________________
6179
IN SENATE
January 11, 2012
___________
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law and the mental hygiene law, in
relation to requiring disclosure of addiction risks for certain
prescription drugs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "Michael
2 David Israel patient information act".
3 § 2. The public health law is amended by adding a new section 3317 to
4 read as follows:
5 § 3317. Required disclosures. 1. Definitions. For purposes of this
6 section:
7 (a) "opiate analgesics" shall mean the medicines buprenorphine, butor-
8 phanol, codeine, hydrocodone, hydromorphone, levorphanol, meperidine,
9 methadone, morphine, nalbuphine, oxycodone, oxymorphone, pentazocine and
10 propoxyphene as well as their brand names, isomers and combinations.
11 (b) "psychotropic drugs shall mean any drug or medicine that affects
12 mental activity, behavior or perception including anti-psychotics, anti-
13 depressants, anti-anxiety drugs or anxiolytics and hypnotics.
14 2. Disclosures. Whenever a practitioner, pharmacist, registered nurse
15 or any other person who is authorized to distribute substances regulated
16 by this article, dispenses opiate analgesics or psychotropic drugs such
17 prescribing physician, nurse or pharmacist shall:
18 (a) describe the risks of addiction to the patient;
19 (b) after consulting the patient's medical history, inform the patient
20 of his or her chance of addiction;
21 (c) provide the patient with information about coping with opiate
22 analgesic or pyschotropic drug addiction and available local resources
23 including detoxification centers, counseling services and hotlines; and
24 (d) have the patient sign a form approved by the department acknowl-
25 edging that he or she has been informed of the prevention, mitigation
26 and treatment of such addiction.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13590-02-1
S. 6179 2
1 3. Enforcement by department. (a) The department shall be responsible
2 for publishing informational pamphlets regarding the dangers of opiate
3 analgesics and psychotropic drugs and distribution. Such pamphlets shall
4 take the form prescribed by the commissioner. The department shall also
5 provide the form required in paragraph (d) of subdivision two of this
6 section.
7 (b) The department shall be responsible for the receipt, investigation
8 and substantiation of any complaints or tips about physicians, nurses or
9 pharmacists who fail to provide the information mandated in this
10 section. Failure to provide such information shall be punishable as
11 follows:
12 (i) First offense; fine of up to one thousand dollars;
13 (ii) Second offense: fine of up to five thousand dollars;
14 (iii) Third offense: suspension of license up to six months;
15 (iv) Fourth offense: suspension of license up to one year;
16 (v) Fifth offense: permanent suspension or revocation of license and
17 referred to the respective licensing boards under this article.
18 A signed patient form shall be prima facie proof that the person
19 prescribing such medications has complied with the provisions of this
20 section.
21 § 3. The mental hygiene law is amended by adding a new section 19.18
22 to read as follows:
23 § 19.18 Required disclosures.
24 (a) Definitions. For purposes of this section:
25 (1) "department" shall mean the department of health.
26 (2) "opiate analgesics" shall mean the medicines buprenorphine, butor-
27 phanol, codeine, hydrocodone, hydromorphone, levorphanol, meperidine,
28 methadone, morphine, nalbuphine, oxycodone, oxymorphone, pentazocine and
29 propoxyphene as well as their brand names, isomers and combinations.
30 (3) "psychotropic drugs" shall mean any drug or medicine that affects
31 mental activity, behavior or perception including anti-psychotics, anti-
32 depressants, anti-anxiety drugs or anxiolytics and hypnotics.
33 (b) Disclosures. Whenever a practitioner, pharmacist, registered nurse
34 or any other person who is authorized to distribute substances regulated
35 by this article or those regulated under article thirty-three of the
36 public health law, dispenses opiate analgesics or psychotropic drugs,
37 such prescribing physician, nurse or pharmacist shall:
38 (1) describe the risks of addiction to the patient;
39 (2) after consulting the patient's mental history, inform the patient
40 of his or her chance of addiction;
41 (3) provide the patient with information about coping with opiate
42 analgesic or psychotropic drug addiction and available local resources
43 including detoxification centers, counseling services and hotlines; and
44 (4) have the patient sign a form approved by the department acknowl-
45 edging that he or she has been informed of the prevention, mitigation
46 and treatment of such addiction.
47 (c) Enforcement by department. (1) The department shall be responsible
48 for publishing informational pamphlets regarding the dangers of opiate
49 analgesics and psychotropic drugs for distribution. Such pamphlets shall
50 take the form prescribed by the commissioner of health. The department
51 shall also provide the form required in paragraph four of subdivision
52 (b) of this section.
53 (2) The department shall be responsible for the receipt, investigation
54 and substantiation of any complaints or tips about physicians, nurses or
55 pharmacists who fail to provide the information mandated in this
S. 6179 3
1 section. Failure to provide such information shall be punishable as
2 follows:
3 (i) First offense: fine of up to one thousand dollars;
4 (ii) Second offense: fine of up to five thousand dollars;
5 (iii) Third offense: suspension of license up to six months;
6 (iv) Fourth offense: suspension of license up to one year;
7 (v) Fifth offense: permanent suspension or revocation of license and
8 referred to the respective licensing boards under article thirty-three
9 of the public health law.
10 A signed patient form shall be prima facie proof that the person
11 prescribing such medications has complied with the provisions of this
12 section.
13 § 4. This act shall take effect immediately.
