What's happening
This bill requires clinicians prescribing narcotic drugs to conduct baseline and regular drug testing on patients to monitor adherence and detect non-prescribed drug use.
Why it matters
Aims to improve patient safety and accountability. by requiring both initial (baseline) and ongoing (periodic and/or targeted) drug testing, to ensure that patients prescribed narcotic drugs are taking their medication as directed and not using non-prescribed or illicit substances.
Mandates advanced confirmatory testing methods. such as liquid chromatography-mass spectrometry—before clinicians can prescribe more than a four-day supply, which could help reduce false positives/negatives and tighten controls on prescription drug abuse.
Establishes a minimum testing frequency and special rules for addiction treatment. , requiring at least two tests per year for all patients, and more frequent testing for those being treated for addiction, potentially increasing oversight but also administrative and financial burden.
Requires insurance reimbursement for sophisticated drug tests. , which means providers and labs will be compensated for the costlier confirmatory and quantitative tests, possibly reducing financial barriers to compliance but impacting overall healthcare costs.
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Who cares
Headline styles
Require Drug Tests for Prescriptions
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 4
No co-sponsors yet.
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 Narcotics
In Assembly Committee · Health · Sponsor Felix Ortiz
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
606
2017-2018 Regular Sessions
IN SENATE
January 4, 2017
Introduced by Sen. BOYLE -- 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 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
S. 606 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.
Sponsor's memo
Title of bill
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
Purpose or general idea of bill
This bill will require prescribers of narcotic drugs to perform baseline and periodic and/or targeted testing.
Summary of specific provisions
Section 1. Adds a new subdivision 8 to Section 3331 of the Public Health Law. Requires baseline testing for clinicians prescribing prescription narcotic drugs and periodic and/or targeted testing. Testing must occur before the dispensing of the initial prescription. The clinician shall not issue more than a 4 day supply without first obtaining testing results. Testing shall be conducted at least twice a year. Requires DOH to ensure that drug testing methods are subject to reimbursement.
Section 2. Effective Date.
Justification
The purpose of this testing is to ensure that individuals are taking the prescribed pills as directed, in the doses prescribed, with no other illicit substances. Due to the highly addictive nature of these narcotics, prescribers should be able to conduct testing ensuring compliance with their prescribing practices. Drug testing is a reliable, effective method for determining patient adherence to treatment plans. This method is more accurate than self-reporting and will help reduce on doctor shopping and increase detection of individuals abusing these substances. Confirmatory or quantitative testing methods allow for doctors to identify the specific drug, rather than just the drug class - a vitally important feature. Such testing is also less likely to produce a false positive or negative. For example, an individual who is prescribed buprenorphine but is actually taking oxycodone may show positive for the opiate class in testing.
Typically, urine drug testing requires a initial test and if the results are positive, an additional, more conclusive test is taken. This model of testing is, in the long run, more expensive and less accurate. This bill will provide for more comprehensive initial testing when an individual is prescribed an addictive, narcotic drug.
Prior legislative history
2015-16: S.609 Died in Committee 2014: S.7918 Died in Rules
Fiscal implications
Minimal to None.
Effective date
The sixtieth day after it shall become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.