What's happening
This bill requires clinicians prescribing narcotic drugs to conduct baseline and periodic drug testing of patients to monitor adherence and detect non-prescribed drug use.
Why it matters
The bill introduces mandatory drug testing protocols for patients prescribed Schedule II narcotics, aiming to identify illicit drug use and ensure patients are taking medications as prescribed. This could help prevent misuse or diversion of powerful prescription drugs, which is a core concern in addressing opioid addiction and overdose crises.
Clinicians must conduct drug testing before issuing an initial prescription and cannot prescribe more than a four-day supply until they have confirmatory test results. This requirement could slow quick access to narcotics, potentially reducing impulsive misuse, but might also delay pain management for some patients.
The law sets a minimum testing frequency (at least twice annually for all patients, more often for those in addiction treatment), and requires insurers/health plans to reimburse providers for advanced testing methods. This could increase health system costs but also supports more reliable and consistent monitoring, making it less likely that patients will fall through the cracks in long-term therapy.
By defining “baseline,” “periodic,” and “targeted” testing, the bill provides clinicians with guidelines for risk-based monitoring, potentially standardizing care and reducing subjective or inconsistent prescribing practices. This could protect both patients and prescribers from legal or clinical risks linked to inappropriate narcotic use.
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Require Drug Tests for Narcotics
Plain English, a few words. Used as the page title.
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History
- Referred to health
- Referred to health
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.
Require Drug Tests for Prescriptions
In Senate Committee · Health · Sponsor Phil Boyle
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3301
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. ORTIZ -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to requiring baseline and periodic and/or targeting drug testing to be utilized by clinicians prescribing prescription narcotic drugs
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3331 of the public health law is amended by adding a new subdivision 8 to read as follows:
8. (a) Baseline and periodic and/or targeting drug testing shall be utilized by clinicians prescribing prescription narcotic drugs, as defined by subdivisions (b) and (c) of schedule II of section thirtythree hundred six of this article, to establish a general assessment for new patients and in monitoring adherence to existing patient treatment plans, as well as detecting the use of non-prescribed drugs.
(b) (i) Testing shall be required prior to the issuance of the initial prescription and shall include confirmatory or quantitative methods, such as but not limited to liquid chromatography - mass spectrometry technology.
(ii) A clinician shall not issue in excess of a four-day supply of a prescription narcotic drug without first obtaining confirmatory or quantitative testing results prior to an initial prescription being issued.
(c) Such testing, at a minimum, shall occur twice annually. Patients being treated for addiction shall be tested as frequently as necessary to ensure therapeutic adherence.
(d) The department is directed to ensure that confirmatory and quantitative chromatographic drug testing methodologies are subject to reimbursement for clinical health care providers, including clinical laboratories.
(e) For the purposes of this subdivision, the following definitions shall apply:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05396-01-7
A. 3301 2
(i) "Baseline testing" means the initial patient assessment through urine drug testing to (1) identify the presence of illicit substances prior to prescribing the controlled medications, or (2) confirm the presence or absence of a prescribed drug or drug class.
(ii) "Periodic testing" means random urine drug testing, at random visits with a random selection of drugs to be tested. The frequency of periodic testing shall be based on medical necessity and a complete clinical assessment of the individual patient's risk potential for abuse and diversion.
(iii) "Targeted testing" means a test ordered at the discretion of a clinician, based on observation of the patient and related circumstances, that enhance clinical decision making.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.