BILL NUMBER: S5260
SPONSOR: ASHBY
 
TITLE OF BILL:
An act to amend the public health law, in relation to patient counseling
before issuing a prescription for a schedule II opioid
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill will authorize a practitioner to consult with a patient in
regards to the quantity of an opioid prescribed.
 
SUMMARY OF PROVISIONS:
The bill's provisions establish that a practitioner - prior to prescrib-
ing a schedule II opioid - must take the following 3 steps:
(1) consult with the patient in regards to the quantity of an opioid, as
well as the patient's option to fill the prescription in a lesser quan-
tity;.
(2) inform the patient about the risks associated with an opioid-related
addiction; and
(3) document the reason for the prescription in the patient's medical
record.
 
JUSTIFICATION:
A rising number of New Yorkers are suffering from opioid addiction that
starts with a legal prescription. According to the New York Times, in
2015 75% of heroin addicts had previously been prescribed or used
prescription opioids.
In order to combat this crisis, we must give patients the opportunity
and right to be prescribed lower doses of pain killers. In a recent
study of large chain pharmacies, one pharmacy found "42 outlier prescri-
bers out of more than 1 million. Within that chain alone, the 42 each
issued prescriptions for about 5,000 average monthly doses of high-risk
drugs over 21 months. On an annual basis that would cumulatively total
more than 4 million dosage units" (John Hopkins Bloomberg School of
Public Health, 19).
Statistics have shown that approximately 70% of individuals who use
opioid pain relievers on a non-medical basis, received used drugs from
either family members or friends (John Hopkins Bloomberg School of
Public Health, 26).
These numbers demonstrate that physicians continue to over-prescribe
prescription pain killers which can lead to addiction.
Patients should have the right to ask for lower dosages of painkillers
so they will not have excess medication that could be abused by family
members or friends.
Patients also have the right be informed by the practitioner that the
schedule II opioid could lead to addiction, and what risks that
addiction pose to their life and health.
Medical practitioners will also be required to document the prescription
as well as the dosage in the patient's medical history. This will help
track the patients use of addictive pain medication as well as act as a
deterrent to physicians who over prescribe opioids.
 
PRIOR LEGISLATIVE HISTORY:
2023-24: S.4870- Referred to Health
2021-22: S.1934 - Referred to Health
2019-20: S.331- Referred to Health
2017-18: S.5670- Passed Senate
2015-2016: S.7365 - Passed Senate
 
FISCAL IMPLICATIONS:
Undetermined.
 
EFFECTIVE DATE:
This act shall take effect on the 90th day after it shall have become a
law.

Statutes affected:
S5260: 3331 public health law