What's happening
This bill expands the definition of "practitioner" authorized to prescribe controlled substances to include more licensed professionals, not just physicians.
Why it matters
Expands prescriber eligibility beyond physicians. The bill allows a wider range of licensed health professionals (such as nurse practitioners and potentially physician assistants or others licensed under New York’s Education Law) to prescribe controlled substances, not just doctors. This could improve access to care, especially in areas with physician shortages.
Clarifies scope and safeguards. Only those acting within their lawful scope of practice and who have proper training or experience to treat serious conditions would be eligible, which aims to maintain patient safety while broadening access.
Streamlines inclusion process. The amendment removes previous language requiring the Health Commissioner to specifically consider and authorize nurse practitioners, instead immediately including all qualifying licensed practitioners, reducing bureaucratic hurdles.
Could impact patient wait times and system efficiency. By permitting more qualified professionals to prescribe, the bill may reduce bottlenecks for patients needing timely access to controlled substances for legitimate medical needs, such as pain management or chronic illness.
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Headline styles
Broaden Practitioner Definition
Plain English, a few words. Used as the page title.
Sponsors
History
- Advanced to third reading cal.616
- Reported
- 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.
Broaden Practitioner Definition
In Senate Committee · Health · Sponsor Diane J. Savino
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8915
IN ASSEMBLY
January 8, 2018
Introduced by M. of A. GOTTFRIED, LUPARDO, McDONALD, D'URSO, ABINANTI, WRIGHT, M. G. MILLER, SIMON, WEPRIN, LIFTON, ZEBROWSKI, McDONOUGH -read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to authorization to prescribe controlled substances
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 12 of section 3360 of the public health law, as added by chapter 90 of the laws of 2014, is amended to read as follows:
12. "Practitioner" means a practitioner who (i) is [a physician] authorized by this article to prescribe a controlled substance, is licensed [by New York state and practicing within the state] or otherwise authorized to practice under title eight of the education law, and is acting within his or her lawful scope of practice, (ii) [who] by training or experience is qualified to treat a serious condition as defined in subdivision seven of this section; and (iii) has completed a two to four hour course as determined by the commissioner in regulation and registered with the department; provided however, a registration shall not be denied without cause. Such course may count toward board certification requirements. [The commissioner shall consider the inclusion of nurse practitioners under this title based upon considerations including access and availability. After such consideration the commissioner is authorized to deem nurse practitioners as practitioners under this title.]
§ 2. This act shall take effect on the sixtieth day after it shall have become a law; provided that, effective immediately, the commissioner of health shall make regulations and take other actions reasonably necessary for this act to take effect on that date; and provided further that the amendments to subdivision 12 of section 3360 of the public health law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13778-01-7
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.