Bill Text: NY S05867 | 2019-2020 | General Assembly | Amended

Bill Title: Requires a practitioner to consider and prescribe non-opioid treatment alternatives for treatment of neuromusculoskeletal conditions.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-06-12 - PRINT NUMBER 5867A [S05867 Detail]

Download: New_York-2019-S05867-Amended.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 15, 2019

        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

        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, a practitioner shall consider, discuss  with
     5  the  patient,  and, as appropriate, refer or prescribe non-opioid treat-
     6  ment alternatives, based on the  practitioner's  clinical  judgment  and
     7  following  generally  accepted national professional or treatment guide-
     8  lines, and consistent with patient preference and consent, before start-
     9  ing a patient on opioid treatment. For the purposes of this subdivision,
    10  non-opioid treatment alternatives  include,  but  are  not  limited  to:
    11  acupuncture,  chiropractic,  massage  therapy, physical therapy, occupa-
    12  tional therapy, cognitive behavioral  therapy,  non-opioid  medications,
    13  and  non-clinical  activities  such  as exercise. The practitioner shall
    14  inform the patient that some  treatments  may  not  be  covered  by  the
    15  patient's health coverage.
    16    (b)  The requirements of this subdivision shall not apply for patients
    17  being treated under any of the  following  circumstances:  treatment  of
    18  cancer;  hospice or other end-of-life care; post-surgery treatment imme-
    19  diately following a surgical procedure; or in a medical emergency.   For
    20  purposes  of this subdivision, "medical emergency" means an acute injury
    21  or illness that poses an immediate risk to a person's life or health.
    22    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.