Bill Text: NY S03271 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires hospital and emergency room physicians to consult the prescription monitoring program registry and to notify a patient's prescriber that such patient is being treated for a controlled substance overdose.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2019-02-05 - REFERRED TO HEALTH [S03271 Detail]

Download: New_York-2019-S03271-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3271
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 5, 2019
                                       ___________
        Introduced  by  Sen.  LANZA  -- 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 requiring hospital
          and emergency room physicians to notify a  patient's  prescriber  that
          such patient is being treated for a controlled substance overdose
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraphs (i) and (j) of subdivision 1 of section 3371  of
     2  the public health law, as added by section 4 of part A of chapter 447 of
     3  the laws of 2012, are amended to read as follows:
     4    (i)  to a medical examiner or coroner who is an officer of or employed
     5  by a state or local government, pursuant to his or her official  duties;
     6  [and]
     7    (j) to an individual for the purpose of providing such individual with
     8  his  or  her own controlled substance history or, in appropriate circum-
     9  stances, in the case of a patient who lacks capacity to make health care
    10  decisions, a person who has legal authority to make such  decisions  for
    11  the patient and who would have legal access to the patient's health care
    12  records, if requested from the department pursuant to subdivision six of
    13  section  thirty-three  hundred  forty-three-a  of this article or from a
    14  treating practitioner pursuant to subparagraph (iv) of paragraph (a)  of
    15  subdivision two of this section; and
    16    (k)  to  a  practitioner  to inform him or her that a patient is under
    17  treatment for a controlled substance overdose by hospital  or  emergency
    18  room practitioner for the purposes of subdivision two of this section.
    19    §  2.  Paragraph  (a)  of  subdivision 2 of section 3371 of the public
    20  health law, as amended by chapter 90 of the laws of 2014, is amended  to
    21  read as follows:
    22    (a)  a  practitioner,  or  a  designee authorized by such practitioner
    23  pursuant to paragraph (b) of subdivision  two  of  section  thirty-three
    24  hundred  forty-three-a or section thirty-three hundred sixty-one of this
    25  article, for the purposes of: (i)  informing  the  practitioner  that  a
    26  patient  may  be  under treatment with a controlled substance by another
    27  practitioner or that a patient  is  under  treatment  for  a  controlled
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00105-01-9

        S. 3271                             2
     1  substance  overdose;  (ii) providing the practitioner with notifications
     2  of controlled substance activity as deemed relevant by  the  department,
     3  including  but not limited to a notification made available on a monthly
     4  or  other  periodic  basis through the registry of controlled substances
     5  activity pertaining to his or her patient; (iii)  allowing  the  practi-
     6  tioner,  through  consultation  of  the  prescription monitoring program
     7  registry, to review his or her patient's controlled  substances  history
     8  as  required  by  section  thirty-three hundred forty-three-a or section
     9  thirty-three hundred sixty-one of this article; and  (iv)  providing  to
    10  his  or  her  patient, or person authorized pursuant to paragraph (j) of
    11  subdivision one of this section, upon request, a copy of such  patient's
    12  controlled substance history as is available to the practitioner through
    13  the prescription monitoring program registry; or
    14    §  3.  Paragraph  (a)  of  subdivision 2 of section 3371 of the public
    15  health law, as added by section 5 of part A of chapter 447 of  the  laws
    16  of 2012, is amended to read as follows:
    17    (a)  a  practitioner,  or  a  designee authorized by such practitioner
    18  pursuant to paragraph (b) of subdivision  two  of  section  thirty-three
    19  hundred  forty-three-a of this article, for the purposes of: (i) inform-
    20  ing the practitioner that a  patient  may  be  under  treatment  with  a
    21  controlled  substance by another practitioner or that a patient is under
    22  treatment for a controlled substance overdose; (ii) providing the  prac-
    23  titioner  with  notifications of controlled substance activity as deemed
    24  relevant by the department, including but not limited to a  notification
    25  made available on a monthly or other periodic basis through the registry
    26  of  controlled  substances  activity  pertaining  to his or her patient;
    27  (iii)  allowing  the   practitioner,   through   consultation   of   the
    28  prescription monitoring program registry, to review his or her patient's
    29  controlled  substances  history  as  required  by  section  thirty-three
    30  hundred forty-three-a of this article; and (iv) providing to his or  her
    31  patient,  or  person authorized pursuant to paragraph (j) of subdivision
    32  one of this section, upon request, a copy of such  patient's  controlled
    33  substance  history  as  is  available  to  the  practitioner through the
    34  prescription monitoring program registry; or
    35    § 4. The opening paragraph  of  paragraph  (a)  of  subdivision  2  of
    36  section 3343-a of the public health law, as added by section 2 of part A
    37  of chapter 447 of the laws of 2012, is amended to read as follows:
    38    Every  practitioner  shall consult the prescription monitoring program
    39  registry prior to prescribing or  dispensing  any  controlled  substance
    40  listed  on schedule II, III or IV of section thirty-three hundred six of
    41  this article, for  the  purpose  of  reviewing  a  patient's  controlled
    42  substance history as set forth in such registry and every emergency room
    43  or  hospital  practitioner  shall  consult  the  prescription monitoring
    44  program registry when treating a  patient  for  a  controlled  substance
    45  overdose  and  shall  notify  the patient's prescriber of such overdose;
    46  provided, however, that  nothing  in  this  section  shall  preclude  an
    47  authorized  practitioner, other than a veterinarian, from consulting the
    48  registry at his or her option prior to  prescribing  or  dispensing  any
    49  controlled  substance.  The duty to consult the registry shall not apply
    50  to:
    51    § 5. This act shall take effect immediately; provided,  however,  that
    52  the  amendments to paragraph (a) of subdivision 2 of section 3371 of the
    53  public health law as amended by section two of this act shall be subject
    54  to the expiration and reversion of such subdivision pursuant to  section
    55  12  of  chapter  90 of the laws of 2014, as amended, when upon such date
    56  the provisions of section three of this act shall take effect.
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