- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
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| Assembly Actions - Lowercase Senate Actions - UPPERCASE | |
|---|---|
| May 04, 2022 | print number 6183a |
| May 04, 2022 | amend (t) and recommit to alcoholism and substance abuse |
| Jan 05, 2022 | referred to alcoholism and substance abuse |
| Apr 13, 2021 | referred to alcoholism and substance abuse |
Bill Amendments
Original A (Active)2021-S6183 - Details
Current Committee: Senate Alcoholism And Substance Abuse Law Section: Public Health Law Laws Affected: Add §3309-b, Pub Health L Versions Introduced in Other Legislative Sessions: 2017-2018: S6815
2019-2020: S3317
2023-2024: S4757
2021-S6183 - Summary
Directs the commissioner of the department of health to promulgate rules and regulations promoting recovery from opioid misuse and reducing diversion of addiction medicines.
2021-S6183 - Sponsor Memo
BILL NUMBER: S6183 SPONSOR: LANZA TITLE OF BILL: An act to amend the public health law, in relation to directing the commissioner of the department of health to promulgate rules and regu- lations promoting recovery from opioid abuse and reducing diversion of addiction medicines PURPOSE OR GENERAL IDEA OF BILL: Directs the New York State Health Commissioner to promulgate rules and regulation to reduce the diversion of addiction medications. SUMMARY OF PROVISIONS: Section 1. This section amends the Public Health law by adding a new section, § 3309-b to promote recovery from opioid abuse and reduce the diversion of addiction medicines.
Section 2. This section provides the effective date. DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): JUSTIFICATION: The opioid epidemic has created the need to expand the availability of treatment for persons with substance use disorders. The Comprehensive Addiction Recovery Act enacted by Congress in 2016 includes a provision that permits individual and group medical practices to increase the number of patients they can treat with Buprenorphine products to 275 to address opioid addiction. With this expansion of treatment, it is imper- ative to implement quality standards that assure evidence-based clinical practice and proper safeguards to reduce diversion and risk for relapse. This legislation aims to establish clinical standards for these medial practices that include evidence-based treatment protocols recommended by the New York State Office of Alcoholism and Substance Abuse Services. PRIOR LEGISLATIVE HISTORY: 2020: 5.3317 - Referred to alcoholism & Substance Abuse 2019: S.3317 - Referred to alcoholism & Substance Abuse 2018: S.6815A - Referred to Health / A.8566A - Referred to Alcoholism & Drug Abuse 2017: S.6815 -Referred to Rules / A.8566- Referred to Alcoholism & Drug Abuse FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None. EFFECTIVE DATE: This act shall take effect January 1, 2019; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effec- tive date are authorized to be made and completed on or before such effective date.
2021-S6183 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6183 2021-2022 Regular Sessions I N S E N A T E April 13, 2021 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Alcoholism and Substance Abuse AN ACT to amend the public health law, in relation to directing the commissioner of the department of health to promulgate rules and regu- lations promoting recovery from opioid abuse and reducing diversion of addiction medicines THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new section 3309-b to read as follows: § 3309-B. PROMOTING RECOVERY FROM OPIOID ABUSE AND REDUCING DIVERSION OF ADDICTION MEDICINES. 1. THE COMMISSIONER SHALL, IN CONSULTATION WITH THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, PROMULGATE RULES AND REGULATIONS PERTAINING TO INDIVIDUAL PHYSICIANS AND GROUP PRACTICES INCLUDING, BUT NOT LIMITED TO, PHYSICIAN'S OFFICE-BASED OPIOID TREAT- MENT, OPIOID TREATMENT PROGRAMS AND ANY OTHER TREATMENT PRACTICES SERV- ING MORE THAN FIFTY PATIENTS AT A TIME WHO HAVE A PRIMARY OR SECONDARY DIAGNOSIS OF OPIATE MISUSE OR ADDICTION. SUCH RULES AND REGULATIONS SHALL AT A MINIMUM INCLUDE THE FOLLOWING PROVISIONS: (A) ALL PATIENTS SEEKING TREATMENT FOR OPIATE USE DISORDER SHALL BE GIVEN AN ORIENTATION INCLUDING FACTUAL INFORMATION AND AN EASILY UNDER- STOOD EXPLANATION OF EACH ADDICTION MEDICATION OPTION APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. SUCH EDUCATION MUST BE DOCU- MENTED IN THE PATIENT RECORD ALONG WITH DOCUMENTATION REGARDING THE PATIENT'S CHOICE OF ONE OF THE MEDICATION OPTIONS OR NONE OF THEM. SUCH DOCUMENTATION SHALL BE SIGNED BY THE PATIENT, OR THE COMMISSIONER MAY SPECIFY SOME OTHER FORM OF DOCUMENTATION SHOWING THAT THE MEDICAL PROVIDER MADE A GOOD FAITH EFFORT TO OBTAIN SUCH INFORMED CONSENT FROM THE PATIENT; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06789-01-1
S. 6183 2 (B) IF A PATIENT CHOOSES AN ADDICTION MEDICATION NOT AVAILABLE THROUGH THE MEDICAL PRACTITIONER, SUCH PRACTITIONER MUST MAKE A REFERRAL TO A TREATMENT SETTING WHERE THE PATIENT CAN ACCESS HIS OR HER PREFERRED MEDICATION OPTION; (C) THE MEDICAL PROVIDER SHALL UTILIZE THE LEVEL OF CARE FOR ALCOHOL AND DRUG TREATMENT REFERRAL WEB APPLICATION PROVIDED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES OR ANOTHER PATIENT ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES TO HELP DETERMINE AN APPROPRIATE LEVEL OF PATIENT CARE; (D) IN THE EVENT THAT THE PATIENT USING OPIATES DECLINES TO ENGAGE IN TREATMENT THE MEDICAL PROVIDER SHALL PROVIDE SUCH PATIENT WITH INFORMA- TION ABOUT ACCESSIBLE HARM REDUCTION SERVICES; (E) TREATMENT COUNSELING SHALL BE PROVIDED TO ALL INDIVIDUALS FOR WHOM AN ADDICTION MEDICATION IS PRESCRIBED OR DISPENSED. SUCH TREATMENT COUN- SELING MAY BE PROVIDED BY A QUALIFIED ADDICTION PROFESSIONAL, AS DETER- MINED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, EMPLOYED BY THE MEDICAL PRACTICE OR THROUGH A CONTRACT WITH AN OFFICE OF ALCOHOL- ISM AND SUBSTANCE ABUSE SERVICES CERTIFIED TREATMENT PROGRAM; (F) THE MEDICAL PROVIDER SHALL DEVELOP A TREATMENT PLAN FOR EACH PATIENT AND SUCH PLAN SHALL BE REVIEWED, AT A MINIMUM, EVERY SIX MONTHS. THE STANDARDS FOR DEVELOPING INDIVIDUAL TREATMENT PLANS SHALL BE DETER- MINED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND SHALL BE CONSISTENT WITH THE STANDARDS USED IN OTHER OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES LICENSED OUTPATIENT TREATMENT PROGRAMS; (G) THE MEDICAL PROVIDER SHALL INFORM PATIENTS ABOUT AVAILABLE PEER RECOVERY SUPPORT SERVICES; AND (H) WHEN AN ADDICTION MEDICATION IS NOT TAKEN UNDER DIRECT CLINICAL SUPERVISION, THE MEDICAL PROVIDER SHALL UTILIZE DIVERSION CONTROL PRAC- TICES TO ENSURE SUCH MEDICATION IS TAKEN AS PRESCRIBED AND NOT DIVERTED. SUCH PRACTICES SHALL BE DETERMINED BY THE COMMISSIONER AND SHALL INCLUDE: (I) LIMITS ON THE AMOUNT OF MEDICATION PRESCRIBED AND THE NUMBER OF REFILLS GIVEN TO A PATIENT UNTIL SUCH PATIENT HAS ESTABLISHED A PATTERN OF RELIABILITY; AND (II) MINIMUM TOXICOLOGY SCREENING STANDARDS. 2. FOR ALL MEDICAL PROVIDERS SUBJECT TO THESE RULES AND REGULATIONS, THE COMMISSIONER SHALL ENSURE THAT PROVIDERS ARE MONITORED FOR COMPLI- ANCE. SUCH MONITORING SHALL BE DONE DIRECTLY BY THE DEPARTMENT OR BY AN INDEPENDENT ORGANIZATION SPECIFIED BY THE COMMISSIONER. 3. THE COMMISSIONER SHALL ESTABLISH APPROPRIATE PENALTIES FOR MEDICAL PRACTITIONERS WHO FAIL TO COMPLY WITH SUCH RULES AND REGULATIONS PROMUL- GATED UNDER SUBDIVISION ONE OF THIS SECTION. § 2. This act shall take effect January 1, 2022. Effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
2021-S6183A (ACTIVE) - Details
Current Committee: Senate Alcoholism And Substance Abuse Law Section: Public Health Law Laws Affected: Add §3309-b, Pub Health L Versions Introduced in Other Legislative Sessions: 2017-2018: S6815
2019-2020: S3317
2023-2024: S4757
2021-S6183A (ACTIVE) - Summary
Directs the commissioner of the department of health to promulgate rules and regulations promoting recovery from opioid misuse and reducing diversion of addiction medicines.
2021-S6183A (ACTIVE) - Sponsor Memo
BILL NUMBER: S6183a SPONSOR: LANZA TITLE OF BILL: An act to amend the public health law, in relation to directing the commissioner of the department of health to promulgate rules and regu- lations promoting recovery from opioid misuse and reducing diversion of addiction medicines PURPOSE OR GENERAL IDEA OF BILL: Directs the New York State Health Commissioner to promulgate rules and regulation to reduce the diversion of addiction medications. SUMMARY OF PROVISIONS: Section 1. This section amends the Public Health law by adding a new section, § 3309-b to promote recovery from opioid misuse and reduce the diversion of addiction medicines. Section 2. This section provides the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): JUSTIFICATION: The opioid epidemic has created the need to expand the availability of treatment for persons with substance use disorders. The Comprehensive Addiction Recovery Act enacted by Congress in 2016 includes a provision that permits individual and group medical practices to increase the number of patients they can treat with Buprenorphine products to 275 to address opioid addiction. With this expansion of treatment, it is imper- ative to implement quality standards that assure evidence-based clinical practice and proper safeguards to reduce diversion and risk for relapse. This legislation aims to establish clinical standards for these medial practices that include evidence-based treatment protocols recommended by the New York State Office of Alcoholism and Substance Abuse Services. PRIOR LEGISLATIVE HISTORY: 2021: S.6183 - Referred to alcoholism & Substance Abuse 2020: S.3317 - Referred to alcoholism & Substance Abuse 2019: S.3317 - Referred to alcoholism & Substance Abuse 2018: S.6815A - Referred to Health / A.8566A - Referred to Alcoholism & Drug Abuse 2017: S.6815 - Referred to Rules / A.8566- Referred to Alcoholism & Drug Abuse FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None. EFFECTIVE DATE: This act shall take effect January 1, 2023; Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
2021-S6183A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6183--A 2021-2022 Regular Sessions I N S E N A T E April 13, 2021 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Alcoholism and Substance Abuse -- recommitted to the Committee on Alcoholism and Substance Abuse in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to directing the commissioner of the department of health to promulgate rules and regu- lations promoting recovery from opioid misuse and reducing diversion of addiction medicines THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new section 3309-b to read as follows: § 3309-B. PROMOTING RECOVERY FROM OPIOID MISUSE AND REDUCING DIVERSION OF ADDICTION MEDICINES. 1. THE COMMISSIONER SHALL, IN CONSULTATION WITH THE OFFICE OF ADDICTION SERVICES AND SUPPORTS, PROMULGATE RULES AND REGULATIONS PERTAINING TO INDIVIDUAL PHYSICIANS AND GROUP PRACTICES INCLUDING, BUT NOT LIMITED TO, PHYSICIAN'S OFFICE-BASED OPIOID TREAT- MENT, OPIOID TREATMENT PROGRAMS AND ANY OTHER TREATMENT PRACTICES SERV- ING MORE THAN FIFTY PATIENTS AT A TIME WHO HAVE A PRIMARY OR SECONDARY DIAGNOSIS OF OPIATE MISUSE OR ADDICTION. SUCH RULES AND REGULATIONS SHALL AT A MINIMUM INCLUDE THE FOLLOWING PROVISIONS: (A) ALL PATIENTS SEEKING TREATMENT FOR OPIATE USE DISORDER SHALL BE GIVEN AN ORIENTATION INCLUDING FACTUAL INFORMATION AND AN EASILY UNDER- STOOD EXPLANATION OF EACH ADDICTION MEDICATION OPTION APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. SUCH EDUCATION MUST BE DOCU- MENTED IN THE PATIENT RECORD ALONG WITH DOCUMENTATION REGARDING THE PATIENT'S CHOICE OF ONE OF THE MEDICATION OPTIONS OR NONE OF THEM. SUCH DOCUMENTATION SHALL BE SIGNED BY THE PATIENT, OR THE COMMISSIONER MAY SPECIFY SOME OTHER FORM OF DOCUMENTATION SHOWING THAT THE MEDICAL EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06789-02-2
S. 6183--A 2 PROVIDER MADE A GOOD FAITH EFFORT TO OBTAIN SUCH INFORMED CONSENT FROM THE PATIENT; (B) IF A PATIENT CHOOSES AN ADDICTION MEDICATION NOT AVAILABLE THROUGH THE MEDICAL PRACTITIONER, SUCH PRACTITIONER MUST MAKE A REFERRAL TO A TREATMENT SETTING WHERE THE PATIENT CAN ACCESS HIS OR HER PREFERRED MEDICATION OPTION; (C) THE MEDICAL PROVIDER SHALL UTILIZE THE LEVEL OF CARE FOR ALCOHOL AND DRUG TREATMENT REFERRAL WEB APPLICATION PROVIDED BY THE OFFICE OF ADDICTION SERVICES AND SUPPORTS OR ANOTHER PATIENT ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF ADDICTION SERVICES AND SUPPORTS TO HELP DETER- MINE AN APPROPRIATE LEVEL OF PATIENT CARE; (D) IN THE EVENT THAT THE PATIENT USING OPIATES DECLINES TO ENGAGE IN TREATMENT THE MEDICAL PROVIDER SHALL PROVIDE SUCH PATIENT WITH INFORMA- TION ABOUT ACCESSIBLE HARM REDUCTION SERVICES; (E) TREATMENT COUNSELING SHALL BE PROVIDED TO ALL INDIVIDUALS FOR WHOM AN ADDICTION MEDICATION IS PRESCRIBED OR DISPENSED. SUCH TREATMENT COUN- SELING MAY BE PROVIDED BY A QUALIFIED ADDICTION PROFESSIONAL, AS DETER- MINED BY THE OFFICE OF ADDICTION SERVICES AND SUPPORTS, EMPLOYED BY THE MEDICAL PRACTICE OR THROUGH A CONTRACT WITH AN OFFICE OF ADDICTION SERVICES AND SUPPORTS CERTIFIED TREATMENT PROGRAM; (F) THE MEDICAL PROVIDER SHALL DEVELOP A TREATMENT PLAN FOR EACH PATIENT AND SUCH PLAN SHALL BE REVIEWED, AT A MINIMUM, EVERY SIX MONTHS. THE STANDARDS FOR DEVELOPING INDIVIDUAL TREATMENT PLANS SHALL BE DETER- MINED BY THE OFFICE OF ADDICTION SERVICES AND SUPPORTS AND SHALL BE CONSISTENT WITH THE STANDARDS USED IN OTHER OFFICE OF ADDICTION SERVICES AND SUPPORTS LICENSED OUTPATIENT TREATMENT PROGRAMS; (G) THE MEDICAL PROVIDER SHALL INFORM PATIENTS ABOUT AVAILABLE PEER RECOVERY SUPPORT SERVICES; AND (H) WHEN AN ADDICTION MEDICATION IS NOT TAKEN UNDER DIRECT CLINICAL SUPERVISION, THE MEDICAL PROVIDER SHALL UTILIZE DIVERSION CONTROL PRAC- TICES TO ENSURE SUCH MEDICATION IS TAKEN AS PRESCRIBED AND NOT DIVERTED. SUCH PRACTICES SHALL BE DETERMINED BY THE COMMISSIONER AND SHALL INCLUDE: (I) LIMITS ON THE AMOUNT OF MEDICATION PRESCRIBED AND THE NUMBER OF REFILLS GIVEN TO A PATIENT UNTIL SUCH PATIENT HAS ESTABLISHED A PATTERN OF RELIABILITY; AND (II) MINIMUM TOXICOLOGY SCREENING STANDARDS. 2. FOR ALL MEDICAL PROVIDERS SUBJECT TO THESE RULES AND REGULATIONS, THE COMMISSIONER SHALL ENSURE THAT PROVIDERS ARE MONITORED FOR COMPLI- ANCE. SUCH MONITORING SHALL BE DONE DIRECTLY BY THE DEPARTMENT OR BY AN INDEPENDENT ORGANIZATION SPECIFIED BY THE COMMISSIONER. 3. THE COMMISSIONER SHALL ESTABLISH APPROPRIATE PENALTIES FOR MEDICAL PRACTITIONERS WHO FAIL TO COMPLY WITH SUCH RULES AND REGULATIONS PROMUL- GATED UNDER SUBDIVISION ONE OF THIS SECTION. § 2. This act shall take effect January 1, 2023. Effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
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