Requires information on each prescription to be filed with the department of health and establishes a report on prescription patterns in the state

Summary of provisions

Section 1 of the bill amends section 3332 of the public health law is amended to mandate that prescribers submit electronic records of prescriptions to the department in such manner required by the commissioner.

Section 2 of the bill amends paragraphs d and e of subdivision 1 of section 3371 of the public health law to allow for the disclosure of patient prescription information to pharmacists and institutional dispensers where circumstances indicate the possibility of drug abuse or diversion.

Section 3 of the bill amends the public health law by adding two new sections to the law:

The new section 3375 of the public health law mandates that the department, in consultation with relevant law enforcement develop a report on patterns of prescriptions in the state based on information collected by the department. Once finalized, the report is to be updated quarterly and made available upon request.

The new section 3376 of the public health law would establish the safe disposal of prescription drug task force. The task force, which would be comprised of fourteen members and chaired by the commissioner, will work to assess existing laws and regulations on the disposal of expired or unused prescription drugs, assess the evidence regarding the role of unused prescriptions on diversion and possible health effects from current ways of disposing of these drugs, examine what regulatory and legal changes would have to be made to enact a new statewide system for the disposal of these drugs, and within nine months of their first convening the task force shall present the governor and the legislature with their report and proposals for possible new programs governing the safe disposal of prescription drugs.

Justification

There has been a very dramatic rise in the abuse of prescription drugs in the last decade. The numbers are striking - in 1998, admissions for drug abuse treatment of pain relievers accounted for 1% of admissions and by 2008 that had gone up to 5.6%. According to the 2008 National Survey on Drug use showed that prescription pain killers were the second most abused drug in those over 12 years old after marijuana. In fact, drug overdoses had become the second highest source of injury deaths in the United States by 2007, surpassing homicides and suicides, and second only to car accidents and prescription drug overdoses account for the great bulk of that increase. Between 1997 and 2007 fatal heroin overdoses have remained relatively steady around 2,000 and cocaine overdoses have risen from around 4,000 a year to around 6,000. In comparison, Prescription opioid pain killer overdoses have risen from 2,900 to 11,500, a 296% increase.

This epidemic has hit both the young and the old. Surveys by the Partnership for a Drug Free America have shown that 20% of teenagers surveyed reported having used a prescription painkiller for non-medical purposes. Information from the National survey and Drug Use and Health has shown that by 2009 close to 4% of adults over 50 years old reported using prescription drugs for non-medical purposes, a figure that had risen from 2.2% in 2004.

While New York has not suffered as badly as other States, with a rate of accidental drug overdose deaths per 100,000 residents lower than the national average, that does not mean that the State has escaped the problems that come along with prescription drug abuse. Testimony by Bridget Brennan, the special Narcotics Prosecutor for NYC in front of the Public Safety committee of the NYC council illuminates the scope of the problem. According to Ms. Brennan, there were a million prescriptions for Oxycontin alone (not counting any other opioid pain killer) filled in NYC in 2010. This represented a 97% increase over the last 3 years, with the highest increases in Brooklyn and the Bronx (where prescriptions grew by over 100% in those three years). Just as nationally the increased use of these drugs has led to increased deaths, in NYC the increase in use has led to an increase in crimes related to prescription drug diversion. According to Ms. Brennan, in 2007 6% of her office's caseload was related to prescription drugs. In 2010, 15% of their caseload was related to prescription drugs. She highlighted a growing connection between prescription drugs and guns by noting a couple of cases in which raids found arsenals of weapons along with prescription drugs.

In order to combat this growing threat, New York State needs to implement new procedures that will enhance the ability of health care professionals, the department of health, and law enforcement to deal with the problem of prescription drug abuse. An important step we can take is to require that not only dispensers but also physicians transmit electronic records of prescriptions to the department of health. This additional data would assist in finding cases where individuals might be submitting forged prescriptions in order to gain access to prescription drugs. The bill would also give pharmacists and institutional dispensers access to patient prescription drug information in order for them to combat the scourge of individuals conducting "doctor shopping."

The department of health would have to develop a report analyzing the prescription drug data it collects in order to highlight patters that might expose instances of prescription drug diversion. By regularly having to update this report, the department will be better able to spot possible dangerous patterns sooner and will be able to work with law enforcement officials in a more effective manner to uncover circumstances of diversion.

Finally, this legislation would establish the safe disposal of prescription drug task force. Studies like the 2008 National Survey on Drug Use and Health have shown that left-over and unused prescription drugs are one source of illegally diverted prescription drugs. Many localities and organizations conduct drug collection events that bring in substantial amounts of drugs, which shows that many individuals hold on to unused prescriptions until they find a trustworthy method of disposing of them. The state should be proactive and create a system by which individuals can dispose of unused prescriptions without having to wait for some organization to set up an event.

Legislative history

New bill.

Fiscal implications

None to the state.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become a law; provided that, effective immediately, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.