Relates to continuing medical education requirements for doctors, nurses and pharmacists; requires three hours of training on the prevention, treatment and mitigation of opiate analgesics and psychotropic drug addiction.
STATE OF NEW YORK
________________________________________________________________________
6180
IN SENATE
January 11, 2012
___________
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to continuing medical
education for doctors, nurses and pharmacists
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 physician training law".
3 § 2. The education law is amended by adding a new section 6524-a to
4 read as follows:
5 § 6524-a. Mandatory continuing medical education. 1. All physicians,
6 in order to maintain their license in good standing, must complete three
7 hours of continuing medical education on the prescription of opiate
8 analgesics and psychotropic drugs and the risks of addiction in their
9 administration. The classes shall be taught and administered by the
10 office of the professions according to regulations set by the commis-
11 sioner and shall focus on the prevention, treatment and mitigation of
12 such addictions.
13 2. For purposes of this section:
14 a. "opiate analgesics" shall mean the medicines buprenorphine, butor-
15 phanol, codeine, hydrocodone, hydromorphone, levorphanol, meperidine,
16 methadone, morphine, nalbuphine, oxycodone, oxymorphone, pentazocine and
17 propoxyphene as well as their brand names, isomers and combinations.
18 b. "psychotropic drugs" shall mean any drug or medicine that affects
19 mental activity, behavior or perception including anti-psychotics, anti-
20 depressants, anti-anxiety drugs or anxiolytics and hypnotics.
21 § 3. The education law is amended by adding a new section 6905-a to
22 read as follows:
23 § 6905-a. Mandatory continuing medical education. 1. All physicians,
24 in order to maintain their license in good standing, must complete three
25 hours of continuing medical education on the prescription of opiate
26 analgesics and psychotropic drugs and the risks of addiction in their
27 administration. The classes shall be taught and administered by the
28 office of the professions according to regulations set by the commis-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13582-01-1
S. 6180 2
1 sioner and shall focus on the prevention, treatment and mitigation of
2 such addictions.
3 2. For purposes of this section:
4 a. "opiate analgesics" shall mean the medicines buprenorphine, butor-
5 phanol, codeine, hydrocodone, hydromorphone, levorphanol, meperidine,
6 methadone, morphine, nalbuphine, oxycodone, oxymorphone, pentazocine and
7 propoxyphene as well as their brand names, isomers and combinations.
8 b. "psychotropic drugs" shall mean any drug or medicine that affects
9 mental activity, behavior or perception including anti-psychotics, anti-
10 depressants, anti-anxiety drugs or anxiolytics and hypnotics.
11 § 4. Subdivision 2 of section 6827 of the education law, as amended by
12 chapter 21 of the laws of 2011, is amended to read as follows:
13 2. During each triennial registration period an applicant for regis-
14 tration shall complete a minimum of forty-five hours of acceptable
15 formal continuing education, as specified in subdivision four of this
16 section, provided that no more than twenty-two hours of such continuing
17 education shall consist of self-study courses and provided that at least
18 three hours are dedicated to courses on the prevention, treatment and
19 mitigation of opiate analgesic and psychotropic drug addiction, as such
20 terms are defined in section sixty-five hundred twenty-four-a of this
21 title. Any pharmacist participating in collaborative drug therapy
22 management pursuant to section six thousand eight hundred one-a of this
23 article shall complete at least five hours of acceptable formal continu-
24 ing education in the area or areas of practice generally related to any
25 collaborative drug therapy management protocols to which the pharmacist
26 may be subject. Any pharmacist whose first registration date following
27 the effective date of this section occurs less than three years from
28 such effective date, but on or after January first, nineteen hundred
29 ninety-eight, shall complete continuing education hours on a prorated
30 basis at the rate of one and one-quarter hours per month for the period
31 beginning January first, nineteen hundred ninety-seven up to the first
32 registration date thereafter. A licensee who has not satisfied the
33 mandatory continuing education requirements shall not be issued a trien-
34 nial registration certificate by the department and shall not practice
35 unless and until a conditional registration certificate is issued as
36 provided for in subdivision three of this section. Continuing education
37 hours taken during one triennium may not be transferred to a subsequent
38 triennium.
39 § 5. Subdivision 2 of section 6827 of the education law, as added by
40 chapter 311 of the laws of 1996, is amended to read as follows:
41 2. During each triennial registration period an applicant for regis-
42 tration shall complete a minimum of forty-five hours of acceptable
43 formal continuing education, as specified in subdivision four of this
44 section, provided that no more than twenty-two hours of such continuing
45 education shall consist of self-study courses and provided that at least
46 three hours are dedicated to courses on the prevention, treatment and
47 mitigation of opiate analgesic and psychotropic drug addiction, as such
48 terms are defined in section sixty-five hundred twenty-four-a of this
49 title. Any pharmacist whose first registration date following the
50 effective date of this section occurs less than three years from such
51 effective date, but on or after January first, nineteen hundred ninety-
52 eight, shall complete continuing education hours on a prorated basis at
53 the rate of one and one-quarter hours per month for the period beginning
54 January first, nineteen hundred ninety-seven up to the first registra-
55 tion date thereafter. A licensee who has not satisfied the mandatory
56 continuing education requirements shall not be issued a triennial regis-
S. 6180 3
1 tration certificate by the department and shall not practice unless and
2 until a conditional registration certificate is issued as provided for
3 in subdivision three of this section. Continuing education hours taken
4 during one triennium may not be transferred to a subsequent triennium.
5 § 6. This act shall take effect immediately, provided however that the
6 amendments made to subdivision 2 of section 6827 of the education law
7 made by section four of this act shall be subject to the expiration and
8 reversion of such subdivision pursuant to section 5 of chapter 21 of the
9 laws of 2011, as amended, when upon such date the provisions of section
10 five of this act shall take effect and provided further, the addition,
11 amendment and/or repeal of any rule or regulation necessary for the
12 implementation of this act on its effective date are authorized and
13 directed to be made and completed on or before such effective date.
