What's happening
This bill requires medical professionals in New York to inform patients of addiction risks when prescribing opiate analgesics or psychotropic drugs, with enforcement and penalties for noncompliance.
Why it matters
Increases patient awareness and informed consent. By mandating that patients be explicitly told about addiction risks and sign an acknowledgment form, it ensures patients are more fully informed before starting potentially habit-forming medications, which could lead to more cautious use and informed decision-making.
Standardizes addiction risk disclosures across providers. The bill applies equally to physicians, nurses, and pharmacists, creating a uniform expectation and process for communicating addiction risks, regardless of where or by whom a patient is prescribed or dispensed these medications.
Establishes clear enforcement and escalating penalties. With defined fines and license suspension/revocation for repeated noncompliance, the law gives real teeth to enforcement, potentially changing provider behavior and reducing casual or uninformed prescription of high-risk drugs.
Connects patients with addiction support resources. In addition to warning about risks, providers must give patients information about local addiction resources, making it easier for those at risk or struggling to access help, which could contribute to broader public health efforts to combat substance abuse.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Warn Patients About Addiction
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to health
- Referred to health
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1530
2019-2020 Regular Sessions
IN SENATE
January 15, 2019
Introduced by Sens. KENNEDY, KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law and the mental hygiene law, in relation to requiring disclosure of addiction risks for certain prescription drugs
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "Michael David Israel patient information act".
§ 2. The public health law is amended by adding a new section 3317 to read as follows:
§ 3317. Required disclosures. 1. Definitions. For purposes of this section:
(a) "opiate analgesics" shall mean the medicines buprenorphine, butorphanol, codeine, hydrocodone, hydromorphone, levorphanol, meperidine, methadone, morphine, nalbuphine, oxycodone, oxymorphone, pentazocine and propoxyphene as well as their brand names, isomers and combinations.
(b) "psychotropic drugs" shall mean any drug or medicine that affects mental activity, behavior or perception including anti-psychotics, antidepressants, anti-anxiety drugs or anxiolytics and hypnotics.
2. Disclosures. Whenever a practitioner, pharmacist, registered nurse or any other person who is authorized to distribute substances regulated by this article, dispenses opiate analgesics or psychotropic drugs such prescribing physician, nurse or pharmacist shall:
(a) describe the risks of addiction to the patient;
(b) after consulting the patient's medical history, inform the patient of his or her chance of addiction;
(c) provide the patient with information about coping with opiate analgesic or pyschotropic drug addiction and available local resources including detoxification centers, counseling services and hotlines; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02059-01-9
S. 1530 2
(d) have the patient sign a form approved by the department acknowledging that he or she has been informed of the prevention, mitigation and treatment of such addiction.
3. Enforcement by department. (a) The department shall be responsible for publishing informational pamphlets regarding the dangers of opiate analgesics and psychotropic drugs and distribution. Such pamphlets shall take the form prescribed by the commissioner. The department shall also provide the form required in paragraph (d) of subdivision two of this section.
(b) The department shall be responsible for the receipt, investigation and substantiation of any complaints or tips about physicians, nurses or pharmacists who fail to provide the information mandated in this section. Failure to provide such information shall be punishable as follows:
(i) First offense; fine of up to one thousand dollars;
(ii) Second offense: fine of up to five thousand dollars;
(iii) Third offense: suspension of license up to six months;
(iv) Fourth offense: suspension of license up to one year;
(v) Fifth offense: permanent suspension or revocation of license and referred to the respective licensing boards under this article.
A signed patient form shall be prima facie proof that the person prescribing such medications has complied with the provisions of this section.
§ 3. The mental hygiene law is amended by adding a new section 19.18-c to read as follows: § 19.18-c Required disclosures.
(a) Definitions. For purposes of this section:
(1) "department" shall mean the department of health.
(2) "opiate analgesics" shall mean the medicines buprenorphine, butorphanol, codeine, hydrocodone, hydromorphone, levorphanol, meperidine, methadone, morphine, nalbuphine, oxycodone, oxymorphone, pentazocine and propoxyphene as well as their brand names, isomers and combinations.
(3) "psychotropic drugs" shall mean any drug or medicine that affects mental activity, behavior or perception including anti-psychotics, antidepressants, anti-anxiety drugs or anxiolytics and hypnotics.
(b) Disclosures. Whenever a practitioner, pharmacist, registered nurse or any other person who is authorized to distribute substances regulated by this article or those regulated under article thirty-three of the public health law, dispenses opiate analgesics or psychotropic drugs, such prescribing physician, nurse or pharmacist shall:
(1) describe the risks of addiction to the patient;
(2) after consulting the patient's mental history, inform the patient of his or her chance of addiction;
(3) provide the patient with information about coping with opiate analgesic or psychotropic drug addiction and available local resources including detoxification centers, counseling services and hotlines; and
(4) have the patient sign a form approved by the department acknowledging that he or she has been informed of the prevention, mitigation and treatment of such addiction.
(c) Enforcement by department. (1) The department shall be responsible for publishing informational pamphlets regarding the dangers of opiate analgesics and psychotropic drugs for distribution. Such pamphlets shall take the form prescribed by the commissioner of health. The department shall also provide the form required in paragraph four of subdivision (b) of this section.
S. 1530 3
(2) The department shall be responsible for the receipt, investigation and substantiation of any complaints or tips about physicians, nurses or pharmacists who fail to provide the information mandated in this section. Failure to provide such information shall be punishable as follows:
(i) First offense: fine of up to one thousand dollars;
(ii) Second offense: fine of up to five thousand dollars;
(iii) Third offense: suspension of license up to six months;
(iv) Fourth offense: suspension of license up to one year;
(v) Fifth offense: permanent suspension or revocation of license and referred to the respective licensing boards under article thirty-three of the public health law.
A signed patient form shall be prima facie proof that the person prescribing such medications has complied with the provisions of this section.
§ 4. This act shall take effect immediately.
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 and the mental hygiene law, in relation to requiring disclosure of addiction risks for certain prescription drugs
Purpose
This bill reauires disclosure of addiction risks for certain prescription drugs.
Summary of provisions
Section I defines the bill as Michael David Israel patient information act.
Section 2 defines opiate analgesics and psychotropic dxug:,3 and amends public health law to teduie that prescribers and pharmacists make patients .aware of the risk of addiction and local. resources to treat addiction to prescription drugs, prior to prescribing or dispensing such drugs.
Section 2 also requires that patients sign a waiver stating that they understand the risks of addiction and that they have been provided with information about local resources in the event that they become addicts. In addition section 2 piovidea for failure to provide patients with such information.
Section 3 defines opiate analgesics and psychotropic cfelage and amends mental hygiene law to require that mental health prescribers and phar- loacists nake patients aware of the risk of addiction and local resources to treat addiction to prescription drugs prior to prescribing or dispensing such drugs.
Section 3 also requires that patients sign a waiver stating that they understand the risks of addiction and that they have teen provided with information about local resources in the event :hat they become addicted. In addition section 3 provides a. fine scale for failure to provide patients with such. information.
Section 4 is the enacting coarse.
Justification
Michael David Israei, the son of Avi and Julie Israel, was one of many young people across New York. State who battled with prescription drag abuse., On June 4, 2011 Michael David Israel tragically took his own life.
Michael's story is not a unique one. Nationally deaths from prescription opiates have cipled since 1999, and overdoses from prescription oPiates now hospitalie more people each year than cocaine or heroin, Addtionai- ly, in a recent University at Buffalo study of 75 addicts, 41 percent reported their addiction began with medicine prescribed legally by their doctors.
This bill would require that patients receive information about the potential risks of addiction to certain kinds of drugs as well as the local resources available to them if they feel they are becoming addicted. In the case of Michael David Israel, MOrE information from the outset about the danger of opiate painkillers as well as local treatment options could have helped save Michael's life.
Legislative history
2017-18: S.587 Referred to Health
2015-16: S.660 Referred to Heath
9014: S.547 Referred to Health
2012: S.629/A.90.97 Referred to health
Fiscal implications
None.
Effective date
This act shall lake effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.