Bill Text: NY S08139 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to providing training in pain management for certain individuals; relates to providing coverage for medically necessary inpatient services for the diagnosis and treatment of substance abuse disorder; directs the commissioner to create educational materials regarding the dangers of addiction to prescription controlled substances, treatment resources available and the proper way to dispose of unused prescription controlled substances; allows a pharmacy to offer counseling and referral services to customers purchasing hypodermic syringes.
Spectrum: Moderate Partisan Bill (Republican 31-7)
Status: (Passed) 2016-06-22 - SIGNED CHAP.71 [S08139 Detail]
Download: New_York-2015-S08139-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8139 IN SENATE June 13, 2016 ___________ Introduced by Sen. MURPHY -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public health law, in relation to providing training in pain management for certain individuals (Part A); to amend the insurance law, in relation to providing coverage for medically neces- sary inpatient services for the diagnosis and treatment of substance abuse disorder (Part B); to amend the public health law, the social services law, and the insurance law, in relation to limiting initial prescriptions for opioids to a seven-day supply (Part C); and to amend the mental hygiene law and the public health law, in relation to the dissemination of information by pharmacists to customers regarding controlled substances and counseling for individuals purchasing syringes (Part D) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 related to the treatment of heroin and opioid addictions. Each component 3 is wholly contained within a Part identified as Parts A through D. The 4 effective date for each particular provision contained within such Part 5 is set forth in the last section of such Part. Any provision in any 6 section contained within a Part, including the effective date of the 7 Part, which makes a reference to a section "of this act", when used in 8 connection with that particular component, shall be deemed to mean and 9 refer to the corresponding section of the Part in which it is found. 10 Section three of this act sets forth the general effective date of this 11 act. 12 PART A 13 Section 1. Section 3309-a of the public health law, as added by 14 section 52 of part D of chapter 56 of the laws of 2012, subparagraphs 15 (i), (ii), and (iii) of paragraph (b) of subdivision 2 as amended by and 16 subparagraph (iv) of paragraph (b) of subdivision 2 as added by section EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12080-01-6S. 8139 2 1 1 of part D of chapter 447 of the laws of 2012, and subdivisions 3 and 4 2 as amended by section 2 of part D of chapter 447 of the laws of 2012, is 3 amended to read as follows: 4 § 3309-a. Prescription pain medication awareness program. 1. There is 5 hereby established within the department a prescription pain medication 6 awareness program to educate the public and health care practitioners 7 about the risks associated with prescribing and taking controlled 8 substance pain medications. 9 2. Within the amounts appropriated, the commissioner, in consultation 10 with the commissioner of the office of alcoholism and substance abuse 11 services, shall[:12(a) Develop] develop and conduct a public health education media 13 campaign designed to alert youth, parents and the general population 14 about the risks associated with prescription pain medications and the 15 need to properly dispose of any unused medication. In developing this 16 campaign, the commissioner shall consult with and use information 17 provided by the work group established pursuant to subdivision [(b)] 18 four of this section and other relevant professional organizations. The 19 campaign shall include an internet website providing information for 20 parents, children and health care professionals on the risks associated 21 with taking opioids and resources available to those needing assistance 22 with prescription pain medication addiction. Such website shall also 23 provide information regarding where individuals may properly dispose of 24 controlled substances in their community and include active links to 25 further information and resources. The campaign shall begin no later 26 than September first, two thousand twelve. 27 3. Course work or training in pain management, palliative care and 28 addiction. (a) Every person licensed under title eight of the education 29 law to treat humans, registered under the federal controlled substances 30 act and in possession of a registration number from the drug enforcement 31 administration, United States Department of Justice or its successor 32 agency, and every medical resident who is prescribing under a facility 33 registration number from the drug enforcement administration, United 34 States Department of Justice or its successor agency, shall, on or 35 before July first, two thousand seventeen and once within each three 36 year period thereafter, complete three hours of course work or training 37 in pain management, palliative care, and addiction approved by the 38 department. 39 (b) Every person licensed on or after July first, two thousand seven- 40 teen under title eight of the education law to treat humans, registered 41 under the federal controlled substances act and in possession of a 42 registration number from the drug enforcement administration, United 43 States Department of Justice or its successor agency, and every medical 44 resident who begins prescribing under a facility registration number 45 from the drug enforcement administration, United States Department of 46 Justice or its successor agency on or after July first, two thousand 47 seventeen, shall complete such course work or training within one year 48 of such registration and once within each three year period thereafter. 49 (c) The commissioner, in consultation with the department of education 50 and the office of alcoholism and substance abuse services, shall estab- 51 lish standards and review and approve course work or training in pain 52 management, palliative care, and addiction and shall publish information 53 related to such standards, course work or training on the department's 54 website. 55 (d) Existing course work or training, including course work or train- 56 ing developed by a nationally recognized health care professional,S. 8139 3 1 specialty, or provider association, or nationally recognized pain 2 management association, may be considered in implementing this subdivi- 3 sion. 4 (e) Nothing shall preclude course work or training that meets the 5 requirements of paragraph (c) of this subdivision from counting toward 6 this requirement if taken online. 7 (f) Course work or training shall include, but not be limited to: 8 state and federal requirements for prescribing controlled substances; 9 pain management; appropriate prescribing; managing acute pain; pallia- 10 tive medicine; prevention, screening and signs of addiction; responses 11 to abuse and addiction; and end of life care. 12 (g) Each licensed person required by this subdivision to complete 13 course work or training shall document to the department by attestation 14 on a form prescribed by the commissioner that such licensed person has 15 completed the course work or training required by this subdivision. For 16 medical residents who are prescribing under a facility registration 17 number from the drug enforcement administration, United States Depart- 18 ment of Justice or its successor agency, such attestation shall be made 19 by the facility. 20 (h) The department shall institute a procedure for application for an 21 exemption from said requirement. The department may provide an exemption 22 from the course work and training required by this subdivision to any 23 such licensed person who: (i) clearly demonstrates to the department's 24 satisfaction that there would be no need for him or her to complete such 25 course work or training; or (ii) that he or she has completed course 26 work or training deemed by the department to be equivalent to the course 27 work or training approved by the department pursuant to this subdivi- 28 sion. 29 (i) Nothing herein shall preclude such course work or training in pain 30 management, palliative care, and addiction from counting toward continu- 31 ing education requirements under title eight of the education law to the 32 extent provided in the regulations of the commissioner of education. 33 (j) Nothing herein shall preclude such course work or training in pain 34 management, palliative care, and addiction from counting toward continu- 35 ing education requirements of a nationally accredited medical board to 36 the extent acceptable to such board. 37 4. Establish a work group, no later than June first, two thousand 38 twelve, which shall be composed of experts in the fields of palliative 39 and chronic care pain management and addiction medicine. Members of the 40 work group shall receive no compensation for their services, but shall 41 be allowed actual and necessary expenses in the performance of their 42 duties pursuant to this section. The work group shall: 43 [(i)] (a) Report to the commissioner regarding the development of 44 recommendations and model courses for continuing medical education, 45 refresher courses and other training materials for licensed health care 46 professionals on appropriate use of prescription pain medication. Such 47 recommendations, model courses and other training materials shall be 48 submitted to the commissioner, who shall make such information available 49 for the use in medical education, residency programs, fellowship 50 programs, and for use in continuing medication education programs no 51 later than January first, two thousand thirteen. Such recommendations 52 also shall include recommendations on: [(A)] (i) educational and contin- 53 uing medical education requirements for practitioners appropriate to 54 address prescription pain medication awareness among health care profes- 55 sionals; [(B)] (ii) continuing education requirements for pharmacists 56 related to prescription pain medication awareness; and [(C)] (iii)S. 8139 4 1 continuing education in palliative care as it relates to pain manage- 2 ment, for which purpose the work group shall consult the New York state 3 palliative care education and training council; 4 [(ii)] (b) No later than January first, two thousand thirteen, provide 5 outreach and assistance to health care professional organizations to 6 encourage and facilitate continuing medical education training programs 7 for their members regarding appropriate prescribing practices for the 8 best patient care and the risks associated with overprescribing and 9 underprescribing pain medication; 10 [(iii)] (c) Provide information to the commissioner for use in the 11 development and continued update of the public awareness campaign, 12 including information, resources, and active web links that should be 13 included on the website; and 14 [(iv)] (d) Consider other issues deemed relevant by the commissioner, 15 including how to protect and promote the access of patients with a 16 legitimate need for controlled substances, particularly medications 17 needed for pain management by oncology patients, and whether and how to 18 encourage or require the use or substitution of opioid drugs that employ 19 tamper-resistance technology as a mechanism for reducing abuse and 20 diversion of opioid drugs. 21 [3.] 5. On or before September first, two thousand twelve, the commis- 22 sioner, in consultation with the commissioner of the office of alcohol- 23 ism and substance abuse services, the commissioner of education, and the 24 executive secretary of the state board of pharmacy, shall add to the 25 workgroup such additional members as appropriate so that the workgroup 26 may provide guidance in furtherance of the implementation of the I-STOP 27 act. For such purposes, the workgroup shall include but not be limited 28 to consumer advisory organizations, health care practitioners and 29 providers, oncologists, addiction treatment providers, practitioners 30 with experience in pain management, pharmacists and pharmacies, and 31 representatives of law enforcement agencies. 32 [4.] 6. The commissioner shall report to the governor, the temporary 33 president of the senate and the speaker of the assembly no later than 34 March first, two thousand thirteen, and annually thereafter, on the work 35 group's findings. The report shall include information on opioid over- 36 dose deaths, emergency room utilization for the treatment of opioid 37 overdose, the utilization of pre-hospital addiction services and recom- 38 mendations to reduce opioid addiction and the consequences thereof. 39 [The report shall also include a recommendation as to whether subdivi-40sion two of section thirty-three hundred forty-three-a of this article41should be amended to require practitioners prescribing or dispensing42certain identified schedule V controlled substances to comply with the43consultation requirements of such subdivision.] 44 § 2. This act shall take effective immediately. 45 PART B 46 Section 1. Paragraph 30 of subsection (i) of section 3216 of the 47 insurance law, as added by chapter 41 of the laws of 2014, is amended to 48 read as follows: 49 (30)(A) Every policy that provides hospital, major medical or similar 50 comprehensive coverage must provide inpatient coverage for the diagnosis 51 and treatment of substance use disorder, including detoxification and 52 rehabilitation services. Such inpatient coverage shall include unlimited 53 medically necessary treatment for substance use disorder treatment 54 services provided in residential settings as required by the MentalS. 8139 5 1 Health Parity and Addiction Equity Act of 2008 (29 U.S.C. § 1185a). 2 Further, such inpatient coverage shall not apply financial requirements 3 or treatment limitations, including utilization review requirements, to 4 inpatient substance use disorder benefits that are more restrictive than 5 the predominant financial requirements and treatment limitations applied 6 to substantially all medical and surgical benefits covered by the poli- 7 cy. Further, such coverage shall be provided consistent with the feder- 8 al Paul Wellstone and Pete Domenici Mental Health Parity and Addiction 9 Equity Act of 2008 (29 U.S.C. § 1185a). 10 (B) Coverage provided under this paragraph may be limited to facili- 11 ties in New York state which are certified by the office of alcoholism 12 and substance abuse services and, in other states, to those which are 13 accredited by the joint commission as alcoholism, substance abuse, or 14 chemical dependence treatment programs. 15 (C) Coverage provided under this paragraph may be subject to annual 16 deductibles and co-insurance as deemed appropriate by the superintendent 17 and that are consistent with those imposed on other benefits within a 18 given policy. 19 (D) This subparagraph shall apply to facilities in this state certi- 20 fied by the office of alcoholism and substance abuse services that are 21 participating in the insurer's provider network. Coverage provided under 22 this paragraph shall not be subject to preauthorization. Coverage 23 provided under this paragraph shall also not be subject to concurrent 24 utilization review during the first fourteen days of the inpatient 25 admission provided that the facility notifies the insurer of both the 26 admission and the initial treatment plan within forty-eight hours of the 27 admission. The facility shall perform daily clinical review of the 28 patient, including the periodic consultation with the insurer to ensure 29 that the facility is using the evidence-based and peer reviewed clinical 30 review tool utilized by the insurer which is designated by the office of 31 alcoholism and substance abuse services and appropriate to the age of 32 the patient, to ensure that the inpatient treatment is medically neces- 33 sary for the patient. Any utilization review of treatment provided under 34 this subparagraph may include a review of all services provided during 35 such inpatient treatment, including all services provided during the 36 first fourteen days of such inpatient treatment. Provided, however, the 37 insurer shall only deny coverage for any portion of the initial fourteen 38 day inpatient treatment on the basis that such treatment was not 39 medically necessary if such inpatient treatment was contrary to the 40 evidence-based and peer reviewed clinical review tool utilized by the 41 insurer which is designated by the office of alcoholism and substance 42 abuse services. An insured shall not have any financial obligation to 43 the facility for any treatment under this subparagraph other than any 44 copayment, coinsurance, or deductible otherwise required under the poli- 45 cy. 46 § 2. Paragraph 6 of subsection (l) of section 3221 of the insurance 47 law, as amended by chapter 41 of the laws of 2014, is amended to read as 48 follows: 49 (6) (A) Every policy that provides hospital, major medical or similar 50 comprehensive coverage must provide inpatient coverage for the diagnosis 51 and treatment of substance use disorder, including detoxification and 52 rehabilitation services. Such inpatient coverage shall include unlimited 53 medically necessary treatment for substance use disorder treatment 54 services provided in residential settings as required by the Mental 55 Health Parity and Addiction Equity Act of 2008 (29 U.S.C. § 1185a). 56 Further, such inpatient coverage shall not apply financial requirementsS. 8139 6 1 or treatment limitations, including utilization review requirements, to 2 inpatient substance use disorder benefits that are more restrictive than 3 the predominant financial requirements and treatment limitations applied 4 to substantially all medical and surgical benefits covered by the poli- 5 cy. Further, such coverage shall be provided consistent with the feder- 6 al Paul Wellstone and Pete Domenici Mental Health Parity and Addiction 7 Equity Act of 2008 (29 U.S.C. § 1185a). 8 (B) Coverage provided under this paragraph may be limited to facili- 9 ties in New York state which are certified by the office of alcoholism 10 and substance abuse services and, in other states, to those which are 11 accredited by the joint commission as alcoholism, substance abuse or 12 chemical dependence treatment programs. 13 (C) Coverage provided under this paragraph may be subject to annual 14 deductibles and co-insurance as deemed appropriate by the superintendent 15 and that are consistent with those imposed on other benefits within a 16 given policy. 17 (D) This subparagraph shall apply to facilities in this state certi- 18 fied by the office of alcoholism and substance abuse services that are 19 participating in the insurer's provider network. Coverage provided under 20 this paragraph shall not be subject to preauthorization. Coverage 21 provided under this paragraph shall also not be subject to concurrent 22 utilization review during the first fourteen days of the inpatient 23 admission provided that the facility notifies the insurer of both the 24 admission and the initial treatment plan within forty-eight hours of the 25 admission. The facility shall perform daily clinical review of the 26 patient, including the periodic consultation with the insurer to ensure 27 that the facility is using the evidence-based and peer reviewed clinical 28 review tool utilized by the insurer which is designated by the office of 29 alcoholism and substance abuse services and appropriate to the age of 30 the patient, to ensure that the inpatient treatment is medically neces- 31 sary for the patient. Any utilization review of treatment provided under 32 this subparagraph may include a review of all services provided during 33 such inpatient treatment, including all services provided during the 34 first fourteen days of such inpatient treatment. Provided, however, the 35 insurer shall only deny coverage for any portion of the initial fourteen 36 day inpatient treatment on the basis that such treatment was not 37 medically necessary if such inpatient treatment was contrary to the 38 evidence-based and peer reviewed clinical review tool utilized by the 39 insurer which is designated by the office of alcoholism and substance 40 abuse services. An insured shall not have any financial obligation to 41 the facility for any treatment under this subparagraph other than any 42 copayment, coinsurance, or deductible otherwise required under the poli- 43 cy. 44 § 3. Subsection (k) of section 4303 of the insurance law, as amended 45 by chapter 41 of the laws of 2014, is amended to read as follows: 46 (k)(1) Every contract that provides hospital, major medical or similar 47 comprehensive coverage must provide inpatient coverage for the diagnosis 48 and treatment of substance use disorder, including detoxification and 49 rehabilitation services. Such inpatient coverage shall include unlimit- 50 ed medically necessary treatment for substance use disorder treatment 51 services provided in residential settings as required by the Mental 52 Health Parity and Addiction Equity Act of 2008 (29 U.S.C. § 1185a). 53 Further, such inpatient coverage shall not apply financial requirements 54 or treatment limitations, including utilization review requirements, to 55 inpatient substance use disorder benefits that are more restrictive than 56 the predominant financial requirements and treatment limitations appliedS. 8139 7 1 to substantially all medical and surgical benefits covered by the 2 contract. Further, such coverage shall be provided consistent with the 3 federal Paul Wellstone and Pete Domenici Mental Health Parity and 4 Addiction Equity Act of 2008 (29 U.S.C. § 1185a). 5 (2) Coverage provided under this subsection may be limited to facili- 6 ties in New York state which are certified by the office of alcoholism 7 and substance abuse services and, in other states, to those which are 8 accredited by the joint commission as alcoholism, substance abuse, or 9 chemical dependence treatment programs. 10 (3) Coverage provided under this subsection may be subject to annual 11 deductibles and co-insurance as deemed appropriate by the superintendent 12 and that are consistent with those imposed on other benefits within a 13 given contract. 14 (4) This paragraph shall apply to facilities in this state certified 15 by the office of alcoholism and substance abuse services that are 16 participating in the corporation's provider network. Coverage provided 17 under this subsection shall not be subject to preauthorization. Coverage 18 provided under this subsection shall also not be subject to concurrent 19 utilization review during the first fourteen days of the inpatient 20 admission provided that the facility notifies the corporation of both 21 the admission and the initial treatment plan within forty-eight hours of 22 the admission. The facility shall perform daily clinical review of the 23 patient, including the periodic consultation with the corporation to 24 ensure that the facility is using the evidence-based and peer reviewed 25 clinical review tool utilized by the corporation which is designated by 26 the office of alcoholism and substance abuse services and appropriate to 27 the age of the patient, to ensure that the inpatient treatment is 28 medically necessary for the patient. Any utilization review of treatment 29 provided under this paragraph may include a review of all services 30 provided during such inpatient treatment, including all services 31 provided during the first fourteen days of such inpatient treatment. 32 Provided, however, the corporation shall only deny coverage for any 33 portion of the initial fourteen day inpatient treatment on the basis 34 that such treatment was not medically necessary if such inpatient treat- 35 ment was contrary to the evidence-based and peer reviewed clinical 36 review tool utilized by the corporation which is designated by the 37 office of alcoholism and substance abuse services. An insured shall not 38 have any financial obligation to the facility for any treatment under 39 this paragraph other than any copayment, coinsurance, or deductible 40 otherwise required under the contract. 41 § 4. This act shall take effect on the first of January next succeed- 42 ing the date on which it shall have become a law and shall apply to 43 policies and contracts issued, renewed, modified, altered or amended on 44 and after such date. 45 PART C 46 Section 1. Subdivision 5 of section 3331 of the public health law, as 47 amended by chapter 965 of the laws of 1974, is amended to read as 48 follows: 49 5. (a) No more than a thirty day supply or, pursuant to regulations of 50 the commissioner enumerating conditions warranting specified greater 51 supplies, no more than a three month supply of a schedule II, III or IV 52 substance, as determined by the directed dosage and frequency of dosage, 53 may be dispensed by an authorized practitioner at one time.S. 8139 8 1 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 2 sion, a practitioner, within the scope of his or her professional opin- 3 ion or discretion, may not prescribe more than a seven-day supply of any 4 schedule II, III, or IV opioid to an ultimate user upon the initial 5 consultation or treatment of such user for acute pain. Upon any subse- 6 quent consultations for the same pain, the practitioner may issue, in 7 accordance with paragraph (a) of this subdivision, any appropriate 8 renewal, refill, or new prescription for the opioid or any other drug. 9 (c) For the purposes of this subdivision, "acute pain" shall mean 10 pain, whether resulting from disease, accidental or intentional trauma, 11 or other cause, that the practitioner reasonably expects to last only a 12 short period of time. Such term shall not include chronic pain, pain 13 being treated as part of cancer care, hospice or other end-of-life care, 14 or pain being treated as part of palliative care practices. 15 § 2. Subsection (i) of section 3216 of the insurance law is amended by 16 adding a new paragraph 33 to read as follows: 17 (33) Every policy delivered or issued for delivery in this state that 18 provides coverage for prescription drugs subject to a copayment shall 19 charge a copayment for a limited initial prescription of an opioid drug, 20 which is prescribed in accordance with paragraph (b) of subdivision five 21 of section thirty-three hundred one of the public health law, that is 22 either (i) proportional between the copayment for a thirty-day supply 23 and the amount of drugs the patient was prescribed; or (ii) equivalent 24 to the copayment for a full thirty-day supply of the opioid drug, 25 provided that no additional copayments may be charged for any additional 26 prescriptions for the remainder of the thirty-day supply. 27 § 3. Subsection (k) of section 3221 of the insurance law is amended by 28 adding a new paragraph 21 to read as follows: 29 (21) Every group or blanket policy delivered or issued for delivery in 30 this state that provides coverage for prescription drugs subject to a 31 copayment shall charge a copayment for a limited initial prescription of 32 an opioid drug, which is prescribed in accordance with paragraph (b) of 33 subdivision five of section thirty-three hundred one of the public 34 health law, that is either (i) proportional between the copayment for a 35 thirty-day supply and the amount of drugs the patient was prescribed; or 36 (ii) equivalent to the copayment for a full thirty-day supply of the 37 opioid drug, provided that no additional copayments may be charged for 38 any additional prescriptions for the remainder of the thirty-day supply. 39 § 4. Section 4303 of the insurance law is amended by adding a new 40 subsection (qq) to read as follows: 41 (qq) Every medical expense indemnity corporation, hospital service 42 corporation or health service corporation that provides coverage for 43 prescription drugs subject to a copayment shall charge a copayment for a 44 limited initial prescription of an opioid drug, which is prescribed in 45 accordance with paragraph (b) of subdivision five of section thirty- 46 three hundred one of the public health law, that is either (i) propor- 47 tional between the copayment for a thirty-day supply and the amount of 48 drugs the patient was prescribed; or (ii) equivalent to the copayment 49 for a full thirty-day supply of the opioid drug, provided that no addi- 50 tional copayments may be charged for any additional prescriptions for 51 the remainder of the thirty-day supply. 52 § 5. Paragraph (c) of subdivision 6 of section 367-a of the social 53 services law is amended by adding a new subparagraph (iv) to read as 54 follows: 55 (iv) When an individual is initially dispensed or prescribed a seven 56 or fewer days supply of an opioid pursuant to paragraph (b) of subdivi-S. 8139 9 1 sion five of section three thousand three hundred thirty-one of the 2 public health law, and is subsequently dispensed or prescribed an addi- 3 tional supply of such opioid for the same underlying condition, the 4 total co-payment that may be charged to such an individual for the 5 initial prescription plus all subsequent prescriptions for the same 6 underlying condition for up to a total of thirty-days supply of such 7 opioid shall not exceed the amount set forth in subparagraph (iii) of 8 this paragraph. 9 § 6. This act shall take effect on the thirtieth day after it shall 10 have become a law; provided, that the amendments to paragraph (c) of 11 subdivision 6 of section 367-a of the social services law made by 12 section five of this act shall not affect the repeal of such paragraph 13 and shall expire and be deemed repealed therewith. 14 PART D 15 Section 1. Section 19.09 of the mental hygiene law is amended by 16 adding a new subdivision (j) to read as follows: 17 (j) (1) The commissioner, in consultation with the commissioner of 18 health, shall create or utilize existing educational materials regarding 19 the dangers of misuse and the potential for addiction to prescription 20 controlled substances, treatment resources available, and the proper way 21 to dispose of unused prescription controlled substances in accordance 22 with paragraph two of this subdivision. 23 (i) Such materials shall be made available to pharmacies registered in 24 the state, and shall be distributed at the time of dispensing with any 25 prescribed drug that is a controlled substance. Information disseminated 26 pursuant to this paragraph may, at the option of the consumer, be 27 distributed through electronic means. 28 (ii) Such materials shall also be posted on the website of the office 29 of alcoholism and substance abuse services and of the department of 30 health, and shall be provided in languages other than English as deemed 31 appropriate by the commissioners, but shall include the ten most common- 32 ly spoken languages, aside from English, in the state. 33 (2) The educational materials required in paragraph one of this subdi- 34 vision shall include the following: 35 (a) the risks of using or consuming such controlled substances; 36 (b) the physical, behavioral and advanced warning signs of addiction 37 to such controlled substances; 38 (c) the HOPELINE telephone contract number (1-877-8-HOPE-NY) and text 39 (HOPENY) for the HOPELINE operated by the office, or any number that 40 succeeds the HOPELINE; 41 (d) the procedures for the safe disposal of unused controlled 42 substances established pursuant to section thirty-three hundred forty- 43 three-b of the public health law; and 44 (e) such other information as the commissioner shall determine to be 45 necessary or informative relating to the use, consumption or abuse of, 46 or addiction to controlled substances. 47 (3) A pharmacy may also provide additional information regarding the 48 safe disposal of controlled substances, including but not limited to any 49 disposal program that such pharmacy is operating or participating in 50 outside of the programs under section thirty-three hundred forty-three-b 51 of the public health law. 52 § 2. Paragraphs (e) and (f) of subdivision 5 of section 3381 of the 53 public health law, as amended by section 9-a of part B of chapter 58 of 54 the laws of 2007, are amended to read as follows:S. 8139 10 1 (e) A pharmacy registered under article one hundred thirty-seven of 2 the education law may offer counseling and referral services to custom- 3 ers purchasing hypodermic syringes for the purpose of: preventing 4 injection drug abuse; the provision of drug treatment; preventing and 5 treating hepatitis C; preventing drug overdose; testing for the human 6 immunodeficiency virus; and providing pre-exposure prophylaxis and non- 7 occupational post-exposure prophylaxis. The content of such counseling 8 and referral shall be at the professional discretion of the pharmacist. 9 (f) The commissioner shall promulgate rules and regulations necessary 10 to implement the provisions of this subdivision which shall include a 11 requirement that such pharmacies, health care facilities and health care 12 practitioners cooperate in a safe disposal of used hypodermic needles or 13 syringes. 14 [(f)] (g) The commissioner may, upon the finding of a violation of 15 this section, suspend for a determinate period of time the sale or 16 furnishing of syringes by a specific entity. 17 § 3. This act shall take effect on the one hundred twentieth day after 18 it shall have become a law; provided, however, that effective immediate- 19 ly the office of alcoholism and substance abuse services may create the 20 educational materials required pursuant to section one of this act. 21 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 22 sion, section or part of this act shall be adjudged by any court of 23 competent jurisdiction to be invalid, such judgment shall not affect, 24 impair, or invalidate the remainder thereof, but shall be confined in 25 its operation to the clause, sentence, paragraph, subdivision, section 26 or part thereof directly involved in the controversy in which such judg- 27 ment shall have been rendered. It is hereby declared to be the intent of 28 the legislature that this act would have been enacted even if such 29 invalid provisions had not been included herein. 30 § 3. This act shall take effect immediately provided, however, that 31 the applicable effective date of Parts A through D of this act shall be 32 as specifically set forth in the last section of such Parts.
