Bill Text: NY S02861 | 2013-2014 | General Assembly | Amended

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Bill Title: Relates to certain mandatory medical education requirements; requires mandatory coursework or training relating to prescription pain medication and opiate-dependent patients.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO HIGHER EDUCATION [S02861 Detail]

Download: New_York-2013-S02861-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2861--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 24, 2013
                                      ___________
       Introduced by Sens. MAZIARZ, GRISANTI, HASSELL-THOMPSON, MARTINS -- read
         twice  and  ordered  printed,  and when printed to be committed to the
         Committee on Higher Education -- committee discharged,  bill  amended,
         ordered reprinted as amended and recommitted to said committee
       AN ACT to amend the education law and the public health law, in relation
         to certain mandatory medical education
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.   The education law is amended  by  adding  a  new  section
    2  6505-d to read as follows:
    3    S  6505-D.  MANDATORY  COURSEWORK OR TRAINING RELATING TO PRESCRIPTION
    4  PAIN MEDICATION AND OPIATE-DEPENDENT PATIENTS. 1. EVERY  PRESCRIBER,  AS
    5  SUCH  TERM IS DEFINED IN SUBDIVISION TWO OF THIS SECTION, SHALL COMPLETE
    6  ON A ONE-TIME BASIS NOT LESS THAN EIGHT HOURS OF COURSEWORK OR  TRAINING
    7  RELATING  TO  THE  TREATMENT AND MANAGEMENT OF OPIATE-DEPENDENT PATIENTS
    8  THAT IS PROVIDED BY THE AMERICAN  SOCIETY  OF  ADDICTION  MEDICINE,  THE
    9  AMERICAN  ACADEMY  OF ADDICTION PSYCHIATRY, THE AMERICAN MEDICAL ASSOCI-
   10  ATION, THE AMERICAN OSTEOPATHIC ASSOCIATION,  THE  AMERICAN  PSYCHIATRIC
   11  ASSOCIATION,  OR ANY OTHER ORGANIZATION THAT THE COMMISSIONER DETERMINES
   12  IS APPROPRIATE FOR THE PURPOSES OF  THIS  SECTION.  SUCH  COURSEWORK  OR
   13  TRAINING MAY BE COMPLETED IN A CLASSROOM SETTING, THROUGH INTERNET-BASED
   14  INSTRUCTION, OR OTHERWISE AS APPROVED BY THE COMMISSIONER. EACH PRESCRI-
   15  BER  SHALL  DOCUMENT  TO  THE  DEPARTMENT AT THE TIME OF REGISTRATION OR
   16  RE-REGISTRATION THAT THE PRESCRIBER HAS COMPLETED COURSEWORK OR TRAINING
   17  IN ACCORDANCE  WITH  THIS  SECTION.  THE  DEPARTMENT  SHALL  PROVIDE  AN
   18  EXEMPTION  FROM  THE  REQUIREMENTS OF THIS SECTION TO ANY PRESCRIBER WHO
   19  REQUESTS SUCH AN EXEMPTION AND WHO SHOWS, TO THE DEPARTMENT'S  SATISFAC-
   20  TION,  THAT  SUCH  PRESCRIBER IS NOT SUBJECT TO THE REQUIREMENTS OF THIS
   21  SECTION PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   22    2. FOR THE PURPOSES OF THIS SECTION, THE TERM "PRESCRIBER" SHALL  MEAN
   23  ANY   PRACTITIONER  THAT  IS  (A)  AUTHORIZED  TO  PRESCRIBE  CONTROLLED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06414-02-3
       S. 2861--A                          2
    1  SUBSTANCES PURSUANT TO HIS OR HER LICENSED  PROFESSIONAL  PRACTICE,  AND
    2  (B)  REGISTERED  UNDER  THE  FEDERAL  CONTROLLED  SUBSTANCES  ACT AND IN
    3  POSSESSION OF A REGISTRATION NUMBER FROM THE DRUG  ENFORCEMENT  ADMINIS-
    4  TRATION, UNITED STATES DEPARTMENT OF JUSTICE, OR ITS SUCCESSOR AGENCY.
    5    3. THIS SECTION SHALL APPLY TO ANY PRESCRIBER THAT (A) HAS TEN OR MORE
    6  PATIENTS  BEING  TREATED  FOR  CHRONIC PAIN FOR WHICH THE PRESCRIBER HAS
    7  PRESCRIBED THE USE OF PRESCRIPTION PAIN MEDICATION, OR (B) HAS AT  LEAST
    8  ONE  PATIENT BEING TREATED FOR CHRONIC PAIN FOR WHICH THE PRESCRIBER HAS
    9  PRESCRIBED A DAILY DOSE OF AT LEAST 100 MG OF  MORPHINE  OR  ITS  EQUIV-
   10  ALENT.
   11    S  2.  Paragraph  (b) of subdivision 2 of section 3309-a of the public
   12  health law is amended by adding  a  new  subparagraph  (v)  to  read  as
   13  follows:
   14    (V)  NO  LATER THAN JANUARY FIRST, TWO THOUSAND FIFTEEN, REPORT TO THE
   15  COMMISSIONER RECOMMENDATIONS FOR MANDATORY CONTINUING MEDICAL  EDUCATION
   16  RELATING  TO  THE TREATMENT AND MANAGEMENT OF OPIATE-DEPENDENT PATIENTS.
   17  THE RECOMMENDATIONS FOR  SUCH  MANDATORY  CONTINUING  MEDICAL  EDUCATION
   18  SHALL BE IN ADDITION TO, AND NOT IN LIEU OF, THE MANDATORY COURSEWORK OR
   19  TRAINING  REQUIRED  PURSUANT TO SECTION SIXTY-FIVE HUNDRED FIVE-D OF THE
   20  EDUCATION LAW.
   21    S 3. This act shall take effect on the one hundred eightieth day after
   22  it shall have become a law.