What's happening
This bill limits opioid prescriptions to minors, requires written parental consent, and mandates counseling on risks before a prescription is issued.
Why it matters
Aims to reduce youth opioid misuse by requiring thorough assessment. Before prescribing opioids to minors, practitioners must evaluate the minor’s history of mental health and substance abuse, recognizing that these conditions increase addiction risk.
Increases direct accountability and parental involvement. Written, separate parental (or authorized adult) consent is mandated, ensuring families are not only aware of, but actively approve, opioid prescriptions for their children.
Mandates explicit education on opioid dangers. Practitioners must counsel both the minor and the consenting adult about overdose risks, dangers of mixing opioids with other depressants, and the heightened risks for those with mental health or substance use disorders.
Limits emergency and non-parental prescriptions. In emergencies or situations where a parent isn’t available, only a 72-hour supply may be prescribed with another authorized adult’s consent—tightening control over longer-term access.
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Who cares
Headline styles
Limit Opioid Prescriptions for Minors
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to health
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
332
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 prescribing opioids to a minor
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The public health law is amended by adding a new section 3346 to read as follows:
§ 3346. Prescribing opioids to minors. 1. As used in this section, the following terms shall have the following meanings:
(a) "another adult authorized to consent to the minor's medical treatment" means an adult to whom a minor's parent or guardian has given written authorization to consent to the minor's medical treatment;
(b) "medical emergency" means a situation that in a practitioner's good faith medical judgment creates an immediate threat of serious risk to the life or physical health of a minor; and
(c) "minor" means an individual under eighteen years of age who is not emancipated. For purposes of this section, an individual under eighteen years of age is emancipated only if the individual has married, has entered the armed services of the United States, has become employed and self-sustaining, or otherwise has become independent from the care and control of the individual's parent, guardian, or custodian.
2. (a) A practitioner shall not prescribe to a minor more than a seven day supply of any controlled substance containing an opioid.
(b) Except as provided in subdivision three of this section, before issuing for a minor the first prescription in a single course of treatment for a particular compound that is a controlled substance containing an opioid, regardless of whether the dosage is modified during that course of treatment, a practitioner shall:
(i) assess whether the minor has ever suffered, or is currently suffering, from mental health or substance abuse disorders and whether the minor has taken or is currently taking prescription drugs for treatment of those disorders;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04786-01-9
S. 332 2
(ii) discuss with the minor and the minor's parent, guardian, or another adult authorized to consent to the minor's medical treatment all of the following:
(A) the risks of addiction and overdose associated with the controlled substance containing an opioid;
(B) the increased risk of addiction to controlled substances of individuals suffering from both mental and substance abuse disorders;
(C) the dangers of taking controlled substances containing an opioid with benzodiazepines, alcohol, or other central nervous system depressants; and
(D) any other information in the patient counseling information section of the labeling for controlled substances containing an opioid required under 21 C.F.R. 201.57(c)(18); and
(iii) obtain written consent for the prescription from the minor's parent, guardian, or, subject to subdivision four of this section, another adult authorized to consent to the minor's medical treatment. The practitioner shall record the consent on a form prescribed by the commissioner. The form shall be separate from any other document the practitioner uses to obtain informed consent for other treatment provided to the minor. The form shall contain all of the following:
(A) the name and quantity of the controlled substance containing an opioid being prescribed and the amount of the initial dose;
(B) a statement indicating that a controlled substance is a drug or other substance that the United States drug enforcement administration has identified as having a potential for abuse;
(C) a statement certifying that the practitioner discussed with the minor and the minor's parent, guardian, or another adult authorized to consent to the minor's medical treatment the matters described in subparagraph (ii) of this paragraph;
(D) the number of refills, if any, authorized by the prescription; and
(E) the signature of the minor's parent, guardian, or another adult authorized to consent to the minor's medical treatment and the date of signing.
3. The requirements in subdivision two of this section do not apply if the minor's treatment with a controlled substance containing an opioid meets any of the following criteria:
(a) the treatment is associated with or incident to a medical emergency; or
(b) in the practitioner's professional judgment, fulfilling the requirements of subdivision two of this section with respect to the minor's treatment would be a detriment to the minor's health or safety.
4. If the individual who signs the consent form required by subdivision two of this section is another adult authorized to consent to the minor's medical treatment, the practitioner shall prescribe not more than a single, seventy-two hour supply and indicate on the prescription the quantity that is to be dispensed pursuant to the prescription.
5. A signed consent form obtained under this section shall be maintained in the minor'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.
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 prescribing opioids to a minor
Purpose
To receive consent and to inform the minor and minor's parent, guardian, or other authorized adult of the dangers of taking a controlled substance containing an opioid.
Summary of specific provisions
Section 1 , parts 1(a), 1(b), and 1(c) define the following terms : "another adult authorized to consent to the minor's medical treatment", "medical emergency", and "minor".
Subdivision 2 of section 1 states that a practitioner shall not be allowed to prescribe over seven days worth of a controlled substance containing an opioid to a minor. The practitioner must assess the minor's mental health, consider any substance abuse disorders they may have, and reflect on whether or not the minor is currently taking prescription drugs for the treatment of either a mental or substance abuse disorder. The minor and minor's parent, guardian, or other author- ized adult must consent to the minor's medical treatment. Written consent for the prescription must be obtained from the minor's parent or guardian. The practitioner shall record the consent on a form prescribed by the commissioner, which will state the name and quantity of the controlled substance, the initial dosage amount, a statement indicating that a controlled substance is a drug that the DEA has identified as having a potential for abuse, and a statement certifying that the prac- titioner discussed consent to the minor's medical treatment.
Subdivision 3 of section 1 explains that requirements in subdivision two of section one are exempt if the minor's treatment with a controlled substance containing an opioid, meets a certain criterion.
Section 2 states the effective date.
Justification
This bill addresses the growing epidemic of opioid addiction by prohib- iting practitioners from prescribing opioids to minors for more than 7 days and requiring practitioners to address key topics with minors and their parent or guardian before they are issued a prescription contain- ing an opioid.
According to the Substance Abuse and Mental Health Administration in 2014, 6.2% of youth aged 12 to 17 had used nonmedical pain reliever in the past year. For young adults ages 18 to 25, the rate was 11.8%. It was also found that youths aged 12 to 17, or young adults aged 18 to 25, were more likely to misuse prescription drugs in the past year than adults aged 26 or older.
Along with limiting the number of days a minor can be prescribed an opiate, the practitioner must consider whether the minor has suffered from mental health or substance abuse disorders and has taken or is currently taking prescription drugs for treatment of those disorders. The practitioner must also discuss the risks of addiction and overdose associated with the medication, the increased risk of addiction in indi- viduals suffering from both mental health and substance abuse disorders and the dangers of taking controlled substances containing opioids with alcohol or other drugs minor and the minor's parent or guardian.
If the minor has a medical emergency or if the minor's health and safety is at risk the requirements of the bill do not apply.
Legislative history
2018 - S.5949: Passed Senate 2017 - S.5949: Passed Senate 2015-2016: S7337 - 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.