Bill Text: NY A03301 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Requires baseline and periodic and/or targeting drug testing to be utilized by clinicians prescribing prescription narcotic drugs.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2018-01-03 - referred to health [A03301 Detail]

Download: New_York-2017-A03301-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          3301
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 27, 2017
                                       ___________
        Introduced  by M. of A. ORTIZ -- read once and referred 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  clini-
          cians prescribing prescription narcotic drugs
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 3331 of the public health law is amended by  adding
     2  a new subdivision 8 to read as follows:
     3    8.  (a)  Baseline  and periodic and/or targeting drug testing shall be
     4  utilized by  clinicians  prescribing  prescription  narcotic  drugs,  as
     5  defined  by  subdivisions  (b) and (c) of schedule II of section thirty-
     6  three hundred six of this article, to establish a general assessment for
     7  new patients and in monitoring adherence to existing  patient  treatment
     8  plans, as well as detecting the use of non-prescribed drugs.
     9    (b) (i) Testing shall be required prior to the issuance of the initial
    10  prescription  and  shall  include  confirmatory or quantitative methods,
    11  such as but not limited to liquid  chromatography  -  mass  spectrometry
    12  technology.
    13    (ii)  A  clinician shall not issue in excess of a four-day supply of a
    14  prescription narcotic drug without first obtaining confirmatory or quan-
    15  titative testing results prior to an initial prescription being issued.
    16    (c) Such testing, at a minimum, shall occur twice annually.   Patients
    17  being  treated  for addiction shall be tested as frequently as necessary
    18  to ensure therapeutic adherence.
    19    (d) The department is directed to ensure that confirmatory and quanti-
    20  tative  chromatographic  drug  testing  methodologies  are  subject   to
    21  reimbursement  for  clinical  health  care providers, including clinical
    22  laboratories.
    23    (e) For the purposes of this subdivision,  the  following  definitions
    24  shall apply:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05396-01-7
        A. 3301                             2
     1    (i)  "Baseline  testing"  means the initial patient assessment through
     2  urine drug testing to (1) identify the presence  of  illicit  substances
     3  prior  to  prescribing  the  controlled  medications, or (2) confirm the
     4  presence or absence of a prescribed drug or drug class.
     5    (ii)  "Periodic  testing"  means  random urine drug testing, at random
     6  visits with a random selection of drugs to be tested. The  frequency  of
     7  periodic  testing  shall  be  based  on medical necessity and a complete
     8  clinical assessment of the individual patient's risk potential for abuse
     9  and diversion.
    10    (iii) "Targeted testing" means a test ordered at the discretion  of  a
    11  clinician,  based  on  observation  of  the  patient and related circum-
    12  stances, that enhance clinical decision making.
    13    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    14  have become a law.