Bill Text: NY A08601 | 2015-2016 | General Assembly | Amended

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Bill Title: Limits the initial prescription of a controlled substance for the alleviation of acute pain.

Spectrum: Slight Partisan Bill (Democrat 16-10)

Status: (Introduced - Dead) 2016-06-06 - reported referred to rules [A08601 Detail]

Download: New_York-2015-A08601-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         8601--A
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    December 2, 2015
                                       ___________
        Introduced by M. of A. McDONALD, CUSICK, MAYER, RYAN, STECK -- read once
          and  referred to the Committee on Health -- recommitted to the Commit-
          tee on Health in accordance with Assembly Rule 3, sec. 2 --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN  ACT  to  amend  the  public  health law, in relation to limiting the
          initial prescription of a controlled substance for the alleviation  of
          acute pain
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 5 of section 3331 of the public health law,  as
     2  amended  by  chapter  965  of  the  laws  of 1974, is amended to read as
     3  follows:
     4    5. (a) No more than a thirty day supply or, pursuant to regulations of
     5  the commissioner enumerating  conditions  warranting  specified  greater
     6  supplies,  no more than a three month supply of a schedule II, III or IV
     7  substance, as determined by the directed dosage and frequency of dosage,
     8  may be dispensed by an authorized practitioner at one time.
     9    (b) A practitioner may not prescribe more than a five  day  supply  of
    10  any  schedule  II  or  III  controlled  substance for a patient upon the
    11  initial consultation or treatment of the patient for acute pain.   After
    12  issuing the initial prescription and evaluating the patient's condition,
    13  the  practitioner  may  issue  any  appropriate  renewal,  refill or new
    14  prescription for the controlled substance or other drug for the patient.
    15    (c) For the purposes of this  subdivision,  "acute  pain"  shall  mean
    16  pain,  whether resulting from disease, accidental or intentional trauma,
    17  or other cause, that is reasonably expected to  last  only  a  short  or
    18  finite  period  of  time.  Such term shall not include chronic pain,  or
    19  pain being treated as part of cancer care, hospice or other  end-of-life
    20  care.
    21    § 2. This act shall take effect on the one hundred eightieth day after
    22  it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03975-09-6