Bill Text: NY A05825 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 5825 (Prior Session Legislation)

Introduced

Bill Title: Directs the commissioner to promulgate rules and regulations governing certain controlled substances.

Spectrum: Strong Partisan Bill (Republican 11-1)

Status: (Introduced - Dead) 2020-07-13 - held for consideration in health [A05825 Detail]

Download: New_York-2019-A05825-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          5825
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 19, 2019
                                       ___________
        Introduced by M. of A. GIGLIO, FINCH, HAWLEY, KOLB, LAWRENCE, McDONOUGH,
          MORINELLO,  REILLY,  SMITH  --  Multi-Sponsored by -- M. of A. SAYEGH,
          WALSH -- read once and referred to the Committee on Health
        AN ACT to amend the  public  health  law,  in  relation  to  prescribing
          controlled substances
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The public health law is amended by adding  a  new  section
     2  3306-a to read as follows:
     3    §  3306-a.  Controlled  substance  prescribing  guidelines. 1. (a) The
     4  commissioner shall promulgate rules and regulations governing the  usage
     5  of the controlled substances listed in subdivisions (b) and (c) of sche-
     6  dule II of section three thousand three hundred six of the public health
     7  law,  including,  but  not  limited  to, establishing limitations on the
     8  amount of these substances that can be prescribed as part of the specif-
     9  ic course of treatment following certain medical procedures.
    10    (b) Any prescriber who overprescribes in violation of  the  guidelines
    11  established in paragraph (a) of this subdivision must send documentation
    12  to  the  department  explaining the reasons for overprescribing based on
    13  medical necessity. Such documentation may  be  sent  to  the  department
    14  electronically.
    15    (c)  The  department  shall develop a policy to review explanations of
    16  overprescribing and shall accept such explanation if it is deemed to  be
    17  justified by medical necessity.
    18    (d)  If,  during the course of their review, the department determines
    19  such overprescribing is not justified by medical necessity, the  depart-
    20  ment  may  require  corrective  actions  by  prescribers  for actions in
    21  violation of medical guidelines established in  paragraph  (a)  of  this
    22  subdivision.
    23    (e)  Prescribers who fail to comply with the corrective actions of the
    24  department shall be subject to penalties as provided for in section  two
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06870-01-9

        A. 5825                             2
     1  hundred thirty-a of this chapter, as added by chapter six hundred six of
     2  the laws of nineteen hundred ninety-one.
     3    2. The department shall report prescribers who fail to comply with the
     4  corrective  action of the department to the state board for professional
     5  medical conduct and recommend penalties for such violations.
     6    § 2. This act shall take effect one year after it shall have become  a
     7  law.