§ 3309-A — Prescription pain medication awareness program

New York § 3309-A

• Jurisdiction: New York
• Law PBH: Public Health
• Title 1: General Provisions
• Art. 33: Controlled Substances

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§ 3309-a. Prescription pain medication awareness program. 1. There is\nhereby established within the department a prescription pain medication\nawareness program to educate the public and health care practitioners\nabout the risks associated with prescribing and taking controlled\nsubstance pain medications.\n 2. Within the amounts appropriated, the commissioner, in consultation\nwith the commissioner of the office of alcoholism and substance abuse\nservices, shall develop and conduct a public health education media\ncampaign designed to alert youth, parents and the general population\nabout the risks associated with prescription pain medications and the\nneed to properly dispose of any unused medication. In developing this\ncampaign, the commissioner shall consult with and use information\nprovided by the work group established pursuant to subdivision four of\nthis section and other relevant professional organizations. The campaign\nshall include an internet website providing information for parents,\nchildren and health care professionals on the risks associated with\ntaking opioids and resources available to those needing assistance with\nprescription pain medication addiction. Such website shall also provide\ninformation regarding where individuals may properly dispose of\ncontrolled substances in their community and include active links to\nfurther information and resources. The campaign shall begin no later\nthan September first, two thousand twelve.\n 3. Course work or training in pain management, palliative care and\naddiction. (a) Every person licensed under title eight of the education\nlaw to treat humans, registered under the federal controlled substances\nact and in possession of a registration number from the drug enforcement\nadministration, United States Department of Justice or its successor\nagency, and every medical resident who is prescribing under a facility\nregistration number from the drug enforcement administration, United\nStates Department of Justice or its successor agency, shall, on or\nbefore July first, two thousand seventeen and once within each three\nyear period thereafter, complete three hours of course work or training\nin pain management, palliative care, and addiction approved by the\ndepartment.\n (b) Every person licensed on or after July first, two thousand\nseventeen under title eight of the education law to treat humans,\nregistered under the federal controlled substances act and in possession\nof a registration number from the drug enforcement administration,\nUnited States Department of Justice or its successor agency, and every\nmedical resident who begins prescribing under a facility registration\nnumber from the drug enforcement administration, United States\nDepartment of Justice or its successor agency on or after July first,\ntwo thousand seventeen, shall complete such course work or training\nwithin one year of such registration and once within each three year\nperiod thereafter.\n (c) The commissioner, in consultation with the department of education\nand the office of alcoholism and substance abuse services, shall\nestablish standards and review and approve course work or training in\npain management, palliative care, and addiction and shall publish\ninformation related to such standards, course work or training on the\ndepartment's website.\n (d) Existing course work or training, including course work or\ntraining developed by a nationally recognized health care professional,\nspecialty, or provider association, or nationally recognized pain\nmanagement association, may be considered in implementing this\nsubdivision.\n (e) Nothing shall preclude course work or training that meets the\nrequirements of paragraph (c) of this subdivision from counting toward\nthis requirement if taken online.\n (f) Course work or training shall include, but not be limited to:\nstate and federal requirements for prescribing controlled substances;\npain management; appropriate prescribing; managing acute pain;\npalliative medicine; prevention, screening and signs of addiction;\nresponses to abuse and addiction; and end of life care.\n (g) Each licensed person required by this subdivision to complete\ncourse work or training shall document to the department by attestation\non a form prescribed by the commissioner that such licensed person has\ncompleted the course work or training required by this subdivision. For\nmedical residents who are prescribing under a facility registration\nnumber from the drug enforcement administration, United States\nDepartment of Justice or its successor agency, such attestation shall be\nmade by the facility.\n (h) The department shall institute a procedure for application for an\nexemption from said requirement. The department may provide an exemption\nfrom the course work and training required by this subdivision to any\nsuch licensed person who: (i) clearly demonstrates to the department's\nsatisfaction that there would be no need for him or her to complete such\ncourse work or training; or (ii) that he or she has completed course\nwork or training deemed by the department to be equivalent to the course\nwork or training approved by the department pursuant to this\nsubdivision.\n (i) Nothing herein shall preclude such course work or training in pain\nmanagement, palliative care, and addiction from counting toward\ncontinuing education requirements under title eight of the education law\nto the extent provided in the regulations of the commissioner of\neducation.\n (j) Nothing herein shall preclude such course work or training in pain\nmanagement, palliative care, and addiction from counting toward\ncontinuing education requirements of a nationally accredited medical\nboard to the extent acceptable to such board.\n 4. Establish a work group, no later than June first, two thousand\ntwelve, which shall be composed of experts in the fields of palliative\nand chronic care pain management and addiction medicine. Members of the\nwork group shall receive no compensation for their services, but shall\nbe allowed actual and necessary expenses in the performance of their\nduties pursuant to this section. The work group shall:\n (a) Report to the commissioner regarding the development of\nrecommendations and model courses for continuing medical education,\nrefresher courses and other training materials for licensed health care\nprofessionals on appropriate use of prescription pain medication. Such\nrecommendations, model courses and other training materials shall be\nsubmitted to the commissioner, who shall make such information available\nfor the use in medical education, residency programs, fellowship\nprograms, and for use in continuing medication education programs no\nlater than January first, two thousand thirteen. Such recommendations\nalso shall include recommendations on: (i) educational and continuing\nmedical education requirements for practitioners appropriate to address\nprescription pain medication awareness among health care professionals;\n(ii) continuing education requirements for pharmacists related to\nprescription pain medication awareness; and (iii) continuing education\nin palliative care as it relates to pain management, for which purpose\nthe work group shall consult the New York state palliative care\neducation and training council;\n (b) No later than January first, two thousand thirteen, provide\noutreach and assistance to health care professional organizations to\nencourage and facilitate continuing medical education training programs\nfor their members regarding appropriate prescribing practices for the\nbest patient care and the risks associated with overprescribing and\nunderprescribing pain medication;\n (c) Provide information to the commissioner for use in the development\nand continued update of the public awareness campaign, including\ninformation, resources, and active web links that should be included on\nthe website; and\n (d) Consider other issues deemed relevant by the commissioner,\nincluding how to protect and promote the access of patients with a\nlegitimate need for controlled substances, particularly medications\nneeded for pain management by oncology patients, and whether and how to\nencourage or require the use or substitution of opioid drugs that employ\ntamper-resistance technology as a mechanism for reducing abuse and\ndiversion of opioid drugs.\n 5. On or before September first, two thousand twelve, the\ncommissioner, in consultation with the commissioner of the office of\nalcoholism and substance abuse services, the commissioner of education,\nand the executive secretary of the state board of pharmacy, shall add to\nthe workgroup such additional members as appropriate so that the\nworkgroup may provide guidance in furtherance of the implementation of\nthe I-STOP act. For such purposes, the workgroup shall include but not\nbe limited to consumer advisory organizations, health care practitioners\nand providers, oncologists, addiction treatment providers, practitioners\nwith experience in pain management, pharmacists and pharmacies, and\nrepresentatives of law enforcement agencies.\n 6. The commissioner shall report to the governor, the temporary\npresident of the senate and the speaker of the assembly no later than\nMarch first, two thousand thirteen, and annually thereafter, on the work\ngroup's findings. The report shall include information on opioid\noverdose deaths, emergency room utilization for the treatment of opioid\noverdose, the utilization of pre-hospital addiction services and\nrecommendations to reduce opioid addiction and the consequences thereof.\n