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S6091Senate2015-2016 SessionSame asA8601

Limits the initial prescription of a controlled substance for the alleviation of acute pain

Sponsor Kemp HannonSD-6+10 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

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In Assembly · Codes

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History

  1. Referred to codes
  2. Delivered to assembly
  3. Passed senateVote 54–4
  4. Amended on third reading (t) 6091b
  5. Advanced to third reading
  6. 2nd report cal.
  7. 1st report cal.83
  8. Referred to health
  9. Print number 6091a
  10. Amend and recommit to rules
  11. Referred to rules

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A8601Assembly

Limits the initial prescription of a controlled substance for the alleviation of acute pain

In Assembly Committee · Rules · Sponsor John T. McDonald III

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the public health law, in relation to limiting the initial prescription of a controlled substance for the alleviation of acute pain

Purpose

This bill would limit the number of schedule II or III controlled substance pain pills initially prescribed to someone suffering from acute pain. This serves two important purposes: (1) it encourages patients whose acute pain lasts longer than initially expected to follow up with a doctor, and (2) it lessens the number of pills left in medicine cabinets and available for diversion.

Summary of provisions

Section 1 of the bill adds Public Health Law § 3331(5)(b) and (c). Subsection (b) provides that practitioners may not prescribe more than a five day supply of any schedule II or III controlled substance to a patient suffering from acute pain. Subsection (c) provides a definition of acute pain. The term encompasses accidental and intentional pain lasting only a short or finite period of time. The subsection expressly excludes chronic pain, cancer pain, and hospice or other end-of-life care.

Read the full memo (631 words)

Sections 2 provides that the act shall take effect in 180 days from its enactment.

Justification

Prescription drug abuse is a growing crisis in both New York State and the country at large. In this state, there has been armed violence, deaths by overdose and suicide, and increasing rates of addiction. To address this crisis, the Senate Standing Committee on Health held two Roundtables on the topic in August 2011 and February 2012. The Roundtables included panelists from all aspects of this debate, including law enforcement, doctors, addiction specialists, government agencies, and family members who have lost loved ones to prescription painkiller abuse. A persistent theme from these Roundtables was the concern regarding the volume of prescription pain medicine sitting unattended in medicine cabinets throughout the state.

In 2010, there were 22.5 million prescriptions issued for prescription painkillers, not including refills in New York State. That is more than two million more prescriptions written than there are citizens in this state. This bill addresses two major recommendations from the Roundtable, (1) eliminating excess medication for the treatment of acute pain and (2) decreasing the volume of pills left in medicine cabinets. Treating acute pain often involves patients recovering from surgical procedures, short-term trauma, or dental procedures. By definition, acute pain is also finite pain-with the exception of certain situations involving terminal cancer pain. However, it is not uncommon for a doctor to prescribe 30 pills for pain following a dental procedure. Most patients will use 2-3 pills and the excess sits in their medicine cabinets, where it runs the risk of diversion. Approximately 70% of prescription painkiller abusers get their drugs from a family member or friend. Recent news tells the story of teenagers taking whatever pills are available in the home medicine cabinet and taking or selling them on the street. Prescription painkillers are a wonderful tool, and allow us to treat pain as never before in human history, but they are also highly addictive.

This bill ameliorates the excess volume of pills on the street, while also providing better continuity of care. Acute pain can be a powerful diagnostic tool for medical professionals. It is common for this form of pain to follow various timelines. If pain worsens or lasts for a longer time, it can be an important signal that something else is happening. Providing excess medication helps patients dampen their current pain, but it also prevents them from seeking additional medical help that they might need. This bill limits the amount of medication, so that patients feeling additional pain will seek medical intervention earlier.

Legislative history

2012: S.6745 2014-15: S.2949-A

Fiscal implications

None.

Effective date

180 days after it shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.