Bill Text: NY S05150 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides that with the first opioid prescription of each year for use in a setting other than a general hospital or nursing home under article twenty-eight of this chapter or facility under article thirty-one of the mental hygiene law, or when a practitioner is prescribing a controlled substance to a patient under the care of hospice, the prescriber shall prescribe an opioid antagonist when any of the following risk factors are present: a history of substance abuse disorder; high dose or cumulative prescriptions that result in over 50 morphine milligram equivalents per day; concurrent use of opioids and benzodiazepine or nonbenzodiazepine sedative hypnotics.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Engrossed - Dead) 2020-02-04 - referred to ways and means [S05150 Detail]

Download: New_York-2019-S05150-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5150
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 11, 2019
                                       ___________
        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
        AN ACT to amend the public health law, in  relation  to  prescribing  an
          opioid antagonist with a patient's first opioid analgesic prescription
          in a given year
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 3302 of the public health law is amended by  adding
     2  two new subdivisions 44 and 45 to read as follows:
     3    44. "Opioid analgesics" means the medicines buprenophine, butorphanol,
     4  codeine, hydrocodone, hydromorphone, levorphanol, meperidine, methadone,
     5  morphine,  nalbuphine, oxycodone, oxymorphone, pentazocine, propoxyphene
     6  as well as their brand names, isomers and combinations.
     7    45. "Opioid antagonist" means an FDA-approved drug that, when adminis-
     8  tered, negates or neutralizes in whole or in  part  the  pharmacological
     9  effects  of  an  opioid in the body. The opioid antagonist is limited to
    10  naloxone or other  medications  approved  by  the  department  for  this
    11  purpose.
    12    §  2. Section 3309 of the public health law is amended by adding a new
    13  subdivision 7 to read as follows:
    14    7. (a) With the first opioid analgesic of each  year,  the  prescriber
    15  shall  prescribe  an  opioid  antagonist  when any of the following risk
    16  factors are present: a history of substance use disorder; high  dose  or
    17  cumulative  prescriptions  that  result in over fifty morphine milligram
    18  equivalents per day; concurrent use of  opioids  and  benzodiazepine  or
    19  nonbenzodiazepine sedative hypnotics.
    20    (b)  A  prescriber  who  fails  to  prescribe an opioid antagonist, as
    21  required by this subdivision,  shall  be  referred  to  the  appropriate
    22  licensing  board  solely  for the imposition of administrative sanctions
    23  deemed appropriate by such  board.  This  section  shall  not  create  a
    24  private  right  of  action  against  a  prescriber, and does not limit a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01771-06-9
        S. 5150                             2
     1  prescriber's liability for the negligent failure to diagnose or treat  a
     2  patient.
     3    §  3.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law. Effective immediately, the addition, amendment and/or
     5  repeal of any rule or regulation necessary  for  the  implementation  of
     6  this  act  on its effective date are authorized to be made and completed
     7  by the commissioner of health on or before such effective date.