STATE OF NEW YORK
        ________________________________________________________________________

                                          3221

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 22, 2021
                                       ___________

        Introduced  by  M.  of  A.  McDONALD,  MONTESANO, FRIEND, JONES, BARRON,
          LUPARDO, WALLACE, SEAWRIGHT, SANTABARBARA, STECK, GALEF, FAHY, CAHILL,
          BLANKENBUSH -- read once and referred to the Committee on Health

        AN ACT to amend the public health  law,  in  relation  to  limiting  the
          initial  prescription of a controlled substance for the alleviation of
          acute pain to a seven-day supply for users  twenty  years  of  age  or
          older  and  to  a  three-day supply for users nineteen years of age or
          younger

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  (b)  of  subdivision  5 of section 3331 of the
     2  public health law, as added by section 1 of part C of chapter 71 of  the
     3  laws of 2016, is amended to read as follows:
     4    (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
     5  sion, a practitioner, within the scope of his or her professional  opin-
     6  ion or discretion, may not prescribe more than a seven-day supply of any
     7  schedule  II,  III, or IV opioid to an ultimate user who is twenty years
     8  of age or older, or more than a three-day supply  of  any  schedule  II,
     9  III,  or  IV  opioid to an ultimate user who is nineteen years of age or
    10  younger upon the initial consultation or  treatment  of  such  user  for
    11  acute  pain.  Upon  any  subsequent consultations for the same pain, the
    12  practitioner may issue, in accordance with paragraph (a) of this  subdi-
    13  vision,  any  appropriate  renewal,  refill, or new prescription for the
    14  opioid or any other drug.
    15    § 2. This act shall take effect immediately.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01847-01-1