BILL NUMBER: S732
SPONSOR: GALLIVAN
 
TITLE OF BILL:
An act to amend the public health law, in relation to prescribing
opioids to a minor
 
PURPOSE:
To receive consent and to inform the minor and minor's parent, guardian,
or other authorized adult of the dangers of taking a controlled
substance containing an opioid.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 , parts 1(a), 1(b), and 1(c) define the following terms :
"another adult authorized to consent to the minor's medical treatment",
"medical emergency", and "minor".
Subdivision 2 of section 1 states that a practitioner shall not be
allowed to prescribe over seven days worth of a controlled substance
containing an opioid to a minor. The practitioner must assess the
minor's mental health, consider any substance abuse disorders they may
have, and reflect on whether or not the minor is currently taking
prescription drugs for the treatment of either a mental or substance
abuse disorder. The minor and minor's parent, guardian, or other author-
ized adult must consent to the minor's medical treatment. Written
consent for the prescription must be obtained from the minor's parent or
guardian. The practitioner shall record the consent on a form prescribed
by the commissioner, which will state the name and quantity of the
controlled substance, the initial dosage amount, a statement indicating
that a controlled substance is a drug that the DEA has identified as
having a potential for abuse, and a statement certifying that the prac-
titioner discussed consent to the minor's medical treatment.
Subdivision 3 of section 1 explains that requirements in subdivision two
of section one are exempt if the minor's treatment with a controlled
substance containing an opioid, meets a certain criterion.
Section 2 states the effective date.
 
JUSTIFICATION:
This bill addresses the growing epidemic of opioid addiction by prohib-
iting practitioners from prescribing opioids to minors for more than 7
days and requiring practitioners to address key topics with minors and
their parent or guardian before they are issued a prescription contain-
ing an opioid.
According to the Substance Abuse and Mental Health Administration in
2014, 6.2% of youth aged 12 to 17 had used nonmedical pain reliever in
the past year For young adults ages 18 to 25, the rate was 11.8%. It
was also found that youths aged 12 to 17, or young adults aged 18 to 25,
were more likely to misuse prescription drugs in the past year than
adults aged 26 or older.
Along with limiting the number of days a minor can be prescribed an
opiate, the practitioner must consider whether the minor has suffered
from mental health or substance abuse disorders and has taken or is
currently taking prescription drugs for treatment of those disorders.
The practitioner must also discuss the risks of addiction and overdose
associated with the medication, the increased risk of addiction in indi-
viduals suffering from both mental health and substance abuse disorders
and the dangers of taking controlled substances containing opioids with
alcohol or other drugs minor and the minor's parent or guardian. If the
minor has a medical emergency or if the minor's health and safety is at
risk the requirements of the bill do not apply.
 
LEGISLATIVE HISTORY:
2023-24: S.4482 Referred to Health
2021-22: S.1914 Referred to Health
2020- S.332: Referred to Health
2019- S.332: Referred to Health
2018- S.5949: Passed Senate
2017- S.5949:Passed Senate
2015-2016 - S.7337: Passed Senate
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.