Provides pharmacists access to New York's prescription drug monitoring program resources

Summary of provisions

Section 1 amends section 3308 of the public health law by adding a new subdivision 7 to require the commissioner of health to develop a system to ensure compliance with section 2 of this bill which requires practitioners to check the controlled substance abuse registry before writing a prescription and requires pharmacists to check the controlled substance abuse registry before filling a prescription.

Section 2 requires practitioners check the controlled substance registry prior to prescribing any analgesics to determine what other prescriptions the patient is taking, and if their prescription history indicates a possibility of drug abuse. Section 2 also requires pharmacists to check the controlled substance registry prior to filling a prescription for any analgesics to determine what other prescriptions the patient is taking, and if their prescription history indicates a possibility of drug abuse.

Section 3 provides pharmacists access to New York's prescription drug monitoring program resources.

Justification

Abuse of prescription pain killers is a growing and dangerous problem in our state. Fatalities as a result of prescription drug abuse have grown so much that they now are more than the combined total fatalities from the crack epidemic of the 1980s and the black tar heroin epidemic of the 1970s.

Often abusers obtain several prescriptions from several different doctors for the same ailment and then have all the prescriptions filled at various pharmacy locations.

In order to help prevent this New York State has a Controlled Substance Abuse Registry that is operated by the state Department of Health and can be accessed by practitioners. However, currently there is no requirement that practitioners check this registry prior to prescribing pain medication to a patient. This bill would require practitioners to check that registry to ensure that the patient is not actively engaged in doctor shopping.

In addition, this bill opens the registry to pharmacists. Pharmacists would be able learn of any suspicions of drug misuse, abuse or diversion. This information could prove to be lifesaving whether for individuals seeking to abuse prescription drugs or individuals who have a complicated medical history. In addition to allowing pharmacists access to the registry, this bill requires that pharmacists check the registry before filling prescriptions.

In order to enforce these requirements, this bill would ensure that the commissioner of the Department of Health develops an adequate enforcement and fine schedule for practitioners and pharmacists who fail to check this registry.

The need for these measures are highlighted by the tragic death of Michael David Israel. Michael was a young, bright, and caring man who struggled with an addiction with opiate painkillers prescribed for a congenital condition. Over the course of two months, Michael was prescribed 185 pills of hydrocodone. He obtained such a large quantity of pills by getting prescriptions from different doctors and getting the prescriptions filled at different pharmacies. Everything that happened was legal. Practitioners have no duty to check the Controlled Substance Abuse Registry before prescribing.

Unfortunately, due to his addiction, Michael took his own life. Had the measures proposed in this bill been in place, doctors and pharmacists would have been able to identify Michael's growing dependence on highly addictive painkillers. Steps could have been taken to provide Michael with prompt treatment for his addiction.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately; provided, however, that section two of this act shall take effect on the one hundred twentieth day after it shall have become a law.