STATE OF NEW YORK
________________________________________________________________________
5867--B
2019-2020 Regular Sessions
IN SENATE
May 15, 2019
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Introduced by Sens. RIVERA, HARCKHAM -- read twice and ordered printed,
and when printed to be committed to the Committee on Health -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee -- recommitted to the Committee on Health in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the public health law, in relation to consideration and
prescription of non-opioid treatment alternatives for treatment of
neuromusculoskeletal conditions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3331 of the public health law is amended by adding
2 a new subdivision 9 to read as follows:
3 9. (a) When a patient seeks treatment for any neuromusculoskeletal
4 condition that causes pain, where a practitioner considers an opioid
5 treatment, the practitioner shall consider, discuss with the patient,
6 and, as appropriate, refer or prescribe non-opioid treatment alterna-
7 tives, based on the practitioner's clinical judgment and following
8 generally accepted national professional or treatment guidelines, and
9 consistent with patient preference and consent, before starting a
10 patient on opioid treatment. For the purposes of this subdivision, non-
11 opioid treatment alternatives include, but are not limited to: acupunc-
12 ture, chiropractic, massage therapy, physical therapy, occupational
13 therapy, cognitive behavioral therapy, non-opioid medications, interven-
14 tional treatments and non-clinical activities such as exercise. The
15 practitioner shall inform the patient that some treatments may not be
16 covered by the patient's health coverage.
17 (b) The requirements of this subdivision shall not apply for patients
18 being treated under any of the following circumstances: treatment of
19 cancer; hospice or other end-of-life care; post-surgery treatment imme-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11730-03-0
S. 5867--B 2
1 diately following a surgical procedure; or in a medical emergency. For
2 purposes of this subdivision, "medical emergency" means an acute injury
3 or illness that poses an immediate risk to a person's life or health.
4 § 2. This act shall take effect immediately.