A04863 Summary:

BILL NO    A04863 

SAME AS    SAME AS S02364

SPONSOR    Gjonaj

COSPNSR    Benedetto, Lavine, McDonald, Roberts, Colton

MLTSPNSR   Rivera

Amd SS3332 & 3371, add SS3375 & 3376, Pub Health L

Requires information on each prescription issued by a practitioner to be
submitted to the department of health; grants an exemption from the
confidentiality provisions for prescriptions when a disclosure is made to a
pharmacist when a patient has obtained controlled substances from another
pharmacist, thus indicating drug abuse or diversion; directs the department of
health to establish a report on prescription patterns in the state; and
establishes a safe disposal of prescription drugs task force.
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A04863 Actions:

BILL NO    A04863 

02/11/2013 referred to health
01/08/2014 referred to health
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A04863 Votes:

There are no votes for this bill in this legislative session.
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A04863 Memo:

BILL NUMBER:A4863

TITLE  OF  BILL:   An act to amend the public health law, in relation to
filing of  prescription  information  with  the  department  of  health,
disclosure of patient information, establishing a report on prescription
patterns  in  the state and establishing a safe disposal of prescription
drugs task force

PURPOSE: This bill would help combat the problem  of  prescription  drug
abuse  by  improving  the  quality of prescription data collected by the
Department of Health and making this data more accessible  to  distribu-
tors  and  law  enforcement officials. The bill would also set up a task
force to create comprehensive new rules regarding the disposal of unused
prescription drugs.

SUMMARY OF PROVISIONS:

Section 1: Amends Public Health Law section 3332 to mandate  that  pres-
cribers  submit electronic records of prescriptions to the department in
such manner required by the commissioner.

Section 2: Amends Public Health  Law  section  3371  to  allow  for  the
disclosure of patient prescription information to pharmacists and insti-
tutional dispensers where circumstances indicate the possibility of drug
abuse or diversion.

Section  3:  Amends  the Public Health Law by adding two new sections to
the law:

The new section 3375 of the public health law mandates that the  depart-
ment,  in consultation with relevant law enforcement develop a report on
patterns of prescriptions in the state based on information collected by
the department. Once finalized, the report is to  be  updated  quarterly
and made available upon request.

The  new  section 3376 of the public health law would establish the Safe
Disposal of Prescription Drug Task Force. The task force, which would be
comprised of fourteen members and chaired by the commissioner, will work
to assess existing laws and regulations on the disposal  of  expired  or
unused  prescription  drugs,  assess  the evidence regarding the role of
unused prescriptions on  diversion  and  possible  health  effects  from
current  ways  of  disposing of these drugs, examine what regulatory and
legal changes would have to be made to enact a new statewide system  for
the  disposal  of  these  drugs,  and  within nine months of their first
convening the task force shall present the governor and the  legislature
with  their report and proposals for possible new programs governing the
safe disposal of prescription drugs.

JUSTIFICATION: There has been a very  dramatic  rise  in  the  abuse  of
prescription  drugs  in  the  last decade. The numbers are striking - in
1998, admissions for drug abuse treatment of  pain  relievers  accounted
for  It of admissions and by 2008 that had gone up to 5.6t. According to

the 2008 National Survey on Drug use showed that prescription pain kill-
ers were the second most abused drug in those over 12  years  old  after
marijuana.  In fact, drug overdoses had become the second highest source
of  injury deaths in the United States by 2007, surpassing homicides and
suicides, and second only to car accidents and prescription  drug  over-
doses account for the great bulk of that increase. Between 1997 and 2007
fatal  heroin overdoses have remained relatively steady around 2,000 and
cocaine overdoses have risen from around 4,000 a year to  around  6,000.
In comparison, Prescription opioid pain killer overdoses have risen from
2,900 to 11,500, a 2961; increase.

This  epidemic  has hit both the young and the old. Surveys by the part-
nership for a Drug  Free  America  have  shown  that  20t  of  teenagers
surveyed  reported having used a prescription painkiller for non-medical
purposes. Information from the National survey and Drug Use  and  Health
has  shown  that by 2009 close to 4 of adults over 50 years old reported
using prescription drugs for non-medical purposes,  a  figure  that  had
risen from 2.2t in 2004.

While New York has not suffered as badly as other States, with a rate of
accidental  drug  overdose  deaths  per 100,000 residents lower than the
national average, that does not mean that  the  State  has  escaped  the
problems  that  come  along  with  prescription drug abuse. Testimony by
Bridget Brennan, the special Narcotics Prosecutor for NYC  in  front  of
the  Public Safety committee of the NYC council illuminates the scope of
the  problem.  According  to  Ms.  Brennan,   there   were   a   million
prescriptions  for  Oxycontin  alone (not counting any other opioid pain
killer) filled in NYC in 2010. This represented a 97% increase over  the
last  3  years,  with  the  highest  increases in Brooklyn and the Bronx
(where prescriptions grew by over 100t in those three years).   Just  as
nationally the increased use of these drugs has led to increased deaths,
in  NYC  the increase in use has led to an increase in crimes related to
prescription drug diversion. According to Ms.   Brennan, in 2007  6t  of
her office's caseload was related to prescription drugs. In 2010, 1St of
their  caseload  was  related  to  prescription drugs. She highlighted a
growing connection between prescription  drugs  and  guns  by  noting  a
couple  of  cases  in  which  raids found arsenals of weapons along with
prescription drugs.

In order to combat this growing threat, New York State needs  to  imple-
ment new procedures that will enhance the ability of health care profes-
sionals,  the department of health, and law enforcement to deal with the
problem of prescription drug abuse. An important step we can take is  to
require that not only dispensers but also physicians transmit electronic
records  of  prescriptions  to the department of health. This additional
data would assist in finding cases where individuals might be submitting
forged prescriptions in order to gain access to prescription drugs.  The
bill  would also give pharmacists and institutional dispensers access to
patient prescription drug information in order for them  to  combat  the
scourge of individuals conducting "doctor shopping."

The  department  of  health would have to develop a report analyzing the
prescription drug data it collects in order to  highlight  patters  that
might  expose  instances  of  prescription  drug diversion. By regularly
having to update this report, the department will be better able to spot
possible  dangerous  patterns  sooner  and will be able to work with law
enforcement officials in a more  effective  manner  to  uncover  circum-
stances of diversion.

Finally,   this   legislation  would  establish  the  safe  disposal  of
prescription drug task force. Studies like the 2008 National  Survey  on
Drug  Use  and  Health have shown that left-over and unused prescription
drugs are one source of  illegally  diverted  prescription  drugs.  Many
localities  and  organizations conduct drug collection events that bring
in substantial amounts of drugs, which shows that many individuals  hold
on  to  unused  prescriptions  until  they  find a trustworthy method of
disposing of them. The state should be proactive and create a system  by
which  individuals can dispose of unused prescriptions without having to
wait for some organization to set up an event.

LEGISLATIVE HISTORY:; 2012 - S. 5877 - Referred to Health Committee

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect on the first of January  next
succeeding  the date on which it shall have become a law; provided that,
effective immediately, any rules and regulations necessary to  implement
the  provisions  of  this  act  on its effective date are authorized and
directed to be completed on or before such date.
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A04863 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         4863

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 11, 2013
                                      ___________

       Introduced by M. of A. GJONAJ -- read once and referred to the Committee
         on Health

       AN  ACT  to  amend  the  public  health  law,  in  relation to filing of
         prescription information with the department of health, disclosure  of
         patient information, establishing a report on prescription patterns in
         the  state and establishing a safe disposal of prescription drugs task
         force

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1. Section 3332 of the public health law is amended by adding
    2  a new subdivision 5 to read as follows:
    3    5. THE PRACTITIONER SHALL FILE THE INFORMATION INCLUDED ON  EACH  SUCH
    4  PRESCRIPTION  WITH  THE  DEPARTMENT  BY ELECTRONIC MEANS IN SUCH MANNER,
    5  FORM AND DETAIL AS SHALL BE REQUIRED BY REGULATIONS PROMULGATED  BY  THE
    6  COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION.
    7    S  2.  Paragraph  (f)  of  subdivision 1 of section 3371 of the public
    8  health law, as added by section 4 of part A of chapter 447 of  the  laws
    9  of 2012, is amended to read as follows:
   10    (f)  to a pharmacist OR INSTITUTIONAL DISPENSER to provide information
   11  regarding prescriptions for controlled substances presented to the phar-
   12  macist OR INSTITUTIONAL DISPENSER for the purposes of subdivision two of
   13  this section and to facilitate the  department's  review  of  individual
   14  challenges  to  the accuracy of controlled substances histories pursuant
   15  to subdivision six of section thirty-three hundred forty-three-a of this
   16  article;
   17    S 3. The public health law is amended by adding two new sections  3375
   18  and 3376 to read as follows:
   19    S  3375.  REPORT ON PRESCRIPTION PATTERNS IN THE STATE. 1. THE DEPART-
   20  MENT SHALL DEVELOP A DRAFT REPORT USING EXISTING  PRESCRIPTION  DATA  IN
   21  ORDER   TO  IDENTIFY  ANY  POSSIBLE  PATTERNS  IN  THE  PRESCRIPTION  OF
   22  CONTROLLED SUBSTANCES WITHIN THE STATE, SPECIFICALLY AIMED  AT  EXPOSING

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06718-01-3
       A. 4863                             2

    1  ANY   PATTERNS  THAT  SUGGEST  CASES  OF  THE  DIVERSION  OF  CONTROLLED
    2  SUBSTANCES. THE DEPARTMENT SHALL CONSULT WITH THE DEPARTMENT OF LAW  AND
    3  ANY  RELEVANT  LAW  ENFORCEMENT AGENCIES AND OFFICES IN THE STATE IN THE
    4  DEVELOPMENT OF SUCH DRAFT REPORT.
    5    2.  UPON  APPROVAL  OF THE DRAFT REPORT, THE DEPARTMENT SHALL MAKE THE
    6  REPORT AVAILABLE TO LAW ENFORCEMENT AGENCIES UPON REQUEST.
    7    3. THE DEPARTMENT SHALL UPDATE SUCH REPORT ON A QUARTERLY BASIS.
    8    4. NOTHING IN THIS SECTION SHALL BE DEEMED TO AUTHORIZE THE DISCLOSURE
    9  OF  INFORMATION  OTHERWISE  PROHIBITED  BY  FEDERAL  LAW  OR  ANY  OTHER
   10  PROVISION OF THIS CHAPTER.
   11    S  3376.  SAFE  DISPOSAL OF PRESCRIPTION DRUGS TASK FORCE. 1. THERE IS
   12  HEREBY ESTABLISHED, IN THE DEPARTMENT, A SAFE DISPOSAL  OF  PRESCRIPTION
   13  DRUGS TASK FORCE. SUCH TASK FORCE SHALL BE COMPOSED OF FOURTEEN MEMBERS,
   14  WHICH  SHALL  INCLUDE THE COMMISSIONER OR HIS OR HER DESIGNEE, AND THIR-
   15  TEEN MEMBERS APPOINTED BY THE COMMISSIONER. OF THE MEMBERS APPOINTED  BY
   16  THE  COMMISSIONER,  A MEMBER SHALL BE APPOINTED FROM EACH OF THE FOLLOW-
   17  ING: THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE  OF  THE  CITY  OF  NEW
   18  YORK, A PUBLIC HEALTH OFFICER, THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
   19  TION,  THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES, A PHARMACIST OR A
   20  MEMBER OF A TRADE ORGANIZATION REPRESENTING PHARMACISTS, A PHYSICIAN  OR
   21  A  MEMBER  OF A TRADE ASSOCIATION REPRESENTING PHYSICIANS, A PERSON WITH
   22  EXPERTISE IN HOSPITAL ADMINISTRATION, A REPRESENTATIVE OF THE PHARMACEU-
   23  TICAL INDUSTRY, A PERSON WITH  EXPERTISE  IN  WASTE  MANAGEMENT,  A  LAW
   24  ENFORCEMENT  OFFICIAL,  AND  A  PERSON WITH EXPERTISE IN TOXICOLOGY. THE
   25  COMMISSIONER OR HIS OR HER DESIGNEE SHALL  BE  THE  CHAIR  OF  THE  TASK
   26  FORCE.
   27    2.  THE  MEMBERS  OF  THE TASK FORCE SHALL SERVE WITHOUT COMPENSATION,
   28  PROVIDED, HOWEVER, THAT THE MEMBERS APPOINTED BY THE COMMISSIONER  SHALL
   29  BE  ALLOWED THEIR NECESSARY AND ACTUAL EXPENSES INCURRED IN THE PERFORM-
   30  ANCE OF THEIR DUTIES PURSUANT TO THIS SECTION.
   31    3. THE TASK FORCE SHALL:
   32    (A) ASSESS EXISTING LAWS, ESPECIALLY THIS CHAPTER, THE PENAL  LAW  AND
   33  THE  ENVIRONMENTAL  CONSERVATION LAW, AND EXISTING REGULATIONS GOVERNING
   34  THE ABILITY OF INDIVIDUALS AND ORGANIZATIONS OR FACILITIES TO DISPOSE OF
   35  EXPIRED OR UNUSED PRESCRIPTION DRUGS;
   36    (B) EXAMINE ALL AVAILABLE EVIDENCE AND SCIENTIFIC  EVIDENCE  REGARDING
   37  THE  DIVERSION  OF  EXPIRED  OR UNUSED PRESCRIPTION DRUGS AS WELL AS ANY
   38  EVIDENCE REGARDING THE POSSIBLE  HEALTH  CONSEQUENCES  OF  THE  EXISTING
   39  METHODS OF DISPOSAL OF EXPIRED OR UNUSED PRESCRIPTION DRUGS;
   40    (C) DETERMINE POSSIBLE LEGISLATIVE AND REGULATORY CHANGES NECESSARY TO
   41  ENACT  ANY  PROGRAM  DESIGNED  TO  FACILITATE THE DISPOSAL OF EXPIRED OR
   42  UNUSED PRESCRIPTION DRUGS IN A SAFE AND SECURE MANNER; AND
   43    (D) PREPARE PROPOSALS BASED ON ITS FINDINGS  FOR  STATE-WIDE  PROGRAMS
   44  THAT  WOULD  IMPROVE  UPON  EXISTING RULES AND REGULATIONS GOVERNING THE
   45  DISPOSAL OF EXPIRED OR UNUSED PRESCRIPTION DRUGS.
   46    4. THE TASK FORCE SHALL WITHIN NINE MONTHS OF FIRST CONVENING, PREPARE
   47  AND SUBMIT A REPORT TO THE GOVERNOR  AND  THE  LEGISLATURE  WHICH  SHALL
   48  INCLUDE  ITS  FINDINGS  ON  THE  EXISTING LEGAL AND REGULATORY FRAMEWORK
   49  GOVERNING THE DISPOSAL OF EXPIRED  OR  UNUSED  PRESCRIPTION  DRUGS,  THE
   50  HEALTH  AND SAFETY DANGERS CREATED BY DIVERSION OF THESE DRUGS AND THEIR
   51  CURRENT MANNER OF DISPOSAL, AND  CHANGES  NECESSARY  TO  ENACT  ANY  NEW
   52  SYSTEM OR PROGRAM FOR THE SAFE DISPOSAL OF PRESCRIPTION DRUGS.
   53    5.  THE  TASK  FORCE  SHALL  CONSULT  WITH ANY ORGANIZATION, EDUCATION
   54  INSTITUTION, GOVERNMENT AGENCY OR INDIVIDUAL POSSESSING RELEVANT  INFOR-
   55  MATION OR EXPERTISE.
       A. 4863                             3

    1    S  4. This act shall take effect on the first of January next succeed-
    2  ing the date on which it shall have become a law; provided that  section
    3  two  of  this  act  shall  take  effect on the same date and in the same
    4  manner as section 4 of part A of chapter 447 of the laws of  2012  takes
    5  effect;  and  provided,  further, that, effective immediately, any rules
    6  and regulations necessary to implement the provisions of this act on its
    7  effective date are authorized and directed to be completed on or  before
    8  such date.
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