Relates to prescribing opioids to a minor

Title of bill

An act to amend the public health law, in relation to prescribing opioids to a minor

Purpose or general idea of bill

To receive consent and to inform the minor and minor's parent, guardian, or other authorized adult of the dangers of taking a controlled substance containing an opioid.

Summary of specific provisions

Section 1 , parts 1(a), 1(b), and 1(c) define the following terms : "another adult authorized to consent to the minor's medical treatment", "medical emergency", and "minor".

Subdivision 2 of section 1 states that a practitioner shall not be allowed to prescribe over seven days worth of a controlled substance containing an opioid to a minor. The practitioner must assess the minor's mental health, consider any substance abuse disorders they may have, and reflect on whether or not the minor is currently taking prescription drugs for the treatment of either a mental or substance abuse disorder. The minor and minor's parent, guardian, or other authorized adult must consent to the minor's medical treatment. Written consent for the prescription must be obtained from the minor's parent or guardian. The practitioner shall record the consent on a form prescribed by the commissioner, which will state the name and quantity of the controlled substance, the initial dosage amount, a statement indicating that a controlled substance is a drug that the DEA has identified as having a potential for abuse, and a statement certifying that the practitioner discussed consent to the minor's medical treatment.

Subdivision 3 of section 1 explains that requirements in subdivision two of section one are exempt if the minor's treatment with a controlled substance containing an opioid, meets a certain criterion.

Section 2 states the effective date.

Justification

This bill addresses the growing epidemic of opioid addiction by prohibiting practitioners from prescribing opioids to minors for more than 7 days and requiring practitioners to address key topics with minors and their parent or guardian before they are issued a prescription containing an opioid.

According to the Substance Abuse and Mental Health Administration in 2014, 6.2% of youth aged 12 to 17 had used nonmedical pain reliever in the past year. For young adults ages 18 to 25, the rate was 11.8%. It was also found that youths aged 12 to 17, or young adults aged 18 to 25, were more likely to misuse prescription drugs in the past year than adults aged 26 or older.

Along with limiting the number of days a minor can be prescribed an opiate, the practitioner must consider whether the minor has suffered from mental health or substance abuse disorders and has taken or is currently taking prescription drugs for treatment of those disorders.

The practitioner must also discuss the risks of addiction and overdose associated with the medication, the increased risk of addiction in individuals suffering from both mental health and substance abuse disorders and the dangers of taking controlled substances containing opioids with alcohol or other drugs minor and the minor's parent or guardian. If the minor has a medical emergency or if the minor's health and safety is at risk the requirements of the bill do not apply.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect on the ninetieth day after it shall have become a law.