What's happening
This bill requires healthcare practitioners to counsel patients and document reasons before prescribing schedule II opioids in New York.
Why it matters
Requires practitioners to have direct conversations with patients about the quantity of opioids prescribed and allows patients to request a smaller amount. , potentially reducing unnecessary exposure to addictive medications.
Mandates that healthcare providers inform patients about the risks of opioid addiction. , which could help patients make more informed decisions and raise awareness about the dangers of misuse.
Obligates practitioners to clearly document the medical reason for prescribing a schedule II opioid in the patient’s record. , adding a layer of accountability that could discourage inappropriate or excessive prescribing and support future medical review or oversight.
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Who cares
Headline styles
Require Opioid Counseling Before Prescribing
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
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 Opioid Counseling Before Prescription
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
331
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
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. 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.
LBD04787-01-9
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 prescri- bers 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
2018: S.5670 - Passed Senate 2017: S.5670 - Passed Senate 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.