What's happening
This bill requires healthcare providers to counsel patients on opioid risks and prescription quantity before issuing a schedule II opioid.
Why it matters
Empowers patients to make informed choices. By requiring providers to discuss both the quantity of opioids prescribed and the option to receive a smaller amount, the bill gives patients more control and information about their medication, potentially reducing unnecessary exposure to opioids.
Aims to reduce opioid misuse and addiction. Mandatory counseling on the risks of opiate addiction ensures that patients are aware of potential dangers, which may help curb the likelihood of misuse or dependence.
Enhances medical accountability. By requiring practitioners to document the specific reason for each opioid prescription, the bill creates a record that could deter inappropriate prescribing and allow for better oversight and review.
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Who cares
Headline styles
Require Opioid Counseling Before Prescribing
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to higher education
- Delivered to assembly
- Passed senateVote 61–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1494
- Referred to health
- Returned to senate
- Died in assembly
- Referred to health
- Delivered to assembly
- Passed senateVote 63–0
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1149
- 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 Opioid Counseling Before Prescribing
In Assembly Committee · Higher Education · Sponsor Linda Rosenthal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5670
2017-2018 Regular Sessions
IN SENATE
April 24, 2017
Introduced by Sen. AKSHAR -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to patient counseling before issuing a prescription for a schedule II opioid
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 2-a to read as follows:
2-a. Prior to issuing a prescription for a schedule II opioid, a practitioner shall:
(a) consult with the patient regarding the quantity of the opioid and the patient's option to fill the prescription in a lesser quantity;
(b) inform the patient of the risks associated with opiate addiction; and
(c) document the reason for the opioid prescription in the patient's medical record.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04262-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to patient counseling before issuing a prescription for a schedule II opioid
Purpose or general idea of bill
This bill will authorize a practitioner to consult with a patient in regards to the quantity of an opioid prescribed.
Summary of specific provisions
Section 1 establishes that a practitioner must consult with a patient regarding the quantity of an opioid as well as the patient's option to fill the prescription in a lesser quantity. The patient must also be informed of the risk associated with an opioid-related addiction. The reason for the prescription is to be documented in the patient's medical record.
Section 2 states the effective date.
Justification
A rising number of New Yorkers are suffering from opioid addiction that starts with a legal prescription. According to the New York Times, in 2015 75% of heroin addicts had previously been prescribed or used prescription opioids.
In order to combat this crisis, we must give patients the opportunity and right to be prescribed lower doses of pain killers. In a recent study of large chain pharmacies, one pharmacy found "42 outlier prescribers out of more than 1 million. Within that chain alone, the 42 each issued prescriptions for about 5,000 average monthly doses of high-risk drugs over 21 months. On an annual basis that would cumulatively total more than 4 million dosage units" (John Hopkins Bloomberg School of Public Health, 19).
Statistics have shown that approximately 70% of individuals who use opioid pain relievers on a non-medical basis, received used drugs from either family members or friends (John Hopkins Bloomberg School of Public Health, 26). These numbers demonstrate that physicians continue to over-prescribe prescription pain killers which can lead to addiction. Patients should have the right to ask for lower dosages of painkillers so they will not have excess medication that could be abused by family members or friends.
Medical practitioners will also be required to document the prescription as well as the dosage in the patient's medical history. This will help track the patients use of addictive pain medication as well as act as a deterrent to physicians who over prescribe opioids.
Legislative history
2015-2016: S7365 - passed Senate.
Fiscal implications
None.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.