N.Y. Public Health Law § 3309-a: Prescription pain medication awareness program

§ 3309-a. Prescription pain medication awareness program. 1. There is

hereby established within the department a prescription pain medication

awareness program to educate the public and health care practitioners

about the risks associated with prescribing and taking controlled

substance pain medications.

2. Within the amounts appropriated, the commissioner, in consultation

with the commissioner of the office of alcoholism and substance abuse

services, shall develop and conduct a public health education media

campaign designed to alert youth, parents and the general population

about the risks associated with prescription pain medications and the

need to properly dispose of any unused medication. In developing this

campaign, the commissioner shall consult with and use information

provided by the work group established pursuant to subdivision four of

this section and other relevant professional organizations. The campaign

shall include an internet website providing information for parents,

children and health care professionals on the risks associated with

taking opioids and resources available to those needing assistance with

prescription pain medication addiction. Such website shall also provide

information regarding where individuals may properly dispose of

controlled substances in their community and include active links to

further information and resources. The campaign shall begin no later

than September first, two thousand twelve.

3. Course work or training in pain management, palliative care and

addiction. (a) Every person licensed under title eight of the education

law to treat humans, registered under the federal controlled substances

act and in possession of a registration number from the drug enforcement

administration, United States Department of Justice or its successor

agency, and every medical resident who is prescribing under a facility

registration number from the drug enforcement administration, United

States Department of Justice or its successor agency, shall, on or

before July first, two thousand seventeen and once within each three

year period thereafter, complete three hours of course work or training

in pain management, palliative care, and addiction approved by the

department.

(b) Every person licensed on or after July first, two thousand

seventeen under title eight of the education law to treat humans,

registered under the federal controlled substances act and in possession

of a registration number from the drug enforcement administration,

United States Department of Justice or its successor agency, and every

medical resident who begins prescribing under a facility registration

number from the drug enforcement administration, United States

Department of Justice or its successor agency on or after July first,

two thousand seventeen, shall complete such course work or training

within one year of such registration and once within each three year

period thereafter.

(c) The commissioner, in consultation with the department of education

and the office of alcoholism and substance abuse services, shall

establish standards and review and approve course work or training in

pain management, palliative care, and addiction and shall publish

information related to such standards, course work or training on the

department's website.

(d) Existing course work or training, including course work or

training developed by a nationally recognized health care professional,

specialty, or provider association, or nationally recognized pain

management association, may be considered in implementing this

subdivision.

(e) Nothing shall preclude course work or training that meets the

requirements of paragraph (c) of this subdivision from counting toward

this requirement if taken online.

(f) Course work or training shall include, but not be limited to:

state and federal requirements for prescribing controlled substances;

pain management; appropriate prescribing; managing acute pain;

palliative medicine; prevention, screening and signs of addiction;

responses to abuse and addiction; and end of life care.

(g) Each licensed person required by this subdivision to complete

course work or training shall document to the department by attestation

on a form prescribed by the commissioner that such licensed person has

completed the course work or training required by this subdivision. For

medical residents who are prescribing under a facility registration

number from the drug enforcement administration, United States

Department of Justice or its successor agency, such attestation shall be

made by the facility.

(h) The department shall institute a procedure for application for an

exemption from said requirement. The department may provide an exemption

from the course work and training required by this subdivision to any

such licensed person who: (i) clearly demonstrates to the department's

satisfaction that there would be no need for him or her to complete such

course work or training; or (ii) that he or she has completed course

work or training deemed by the department to be equivalent to the course

work or training approved by the department pursuant to this

subdivision.

(i) Nothing herein shall preclude such course work or training in pain

management, palliative care, and addiction from counting toward

continuing education requirements under title eight of the education law

to the extent provided in the regulations of the commissioner of

education.

(j) Nothing herein shall preclude such course work or training in pain

management, palliative care, and addiction from counting toward

continuing education requirements of a nationally accredited medical

board to the extent acceptable to such board.

4. Establish a work group, no later than June first, two thousand

twelve, which shall be composed of experts in the fields of palliative

and chronic care pain management and addiction medicine. Members of the

work group shall receive no compensation for their services, but shall

be allowed actual and necessary expenses in the performance of their

duties pursuant to this section. The work group shall:

(a) Report to the commissioner regarding the development of

recommendations and model courses for continuing medical education,

refresher courses and other training materials for licensed health care

professionals on appropriate use of prescription pain medication. Such

recommendations, model courses and other training materials shall be

submitted to the commissioner, who shall make such information available

for the use in medical education, residency programs, fellowship

programs, and for use in continuing medication education programs no

later than January first, two thousand thirteen. Such recommendations

also shall include recommendations on: (i) educational and continuing

medical education requirements for practitioners appropriate to address

prescription pain medication awareness among health care professionals;

(ii) continuing education requirements for pharmacists related to

prescription pain medication awareness; and (iii) continuing education

in palliative care as it relates to pain management, for which purpose

the work group shall consult the New York state palliative care

education and training council;

(b) No later than January first, two thousand thirteen, provide

outreach and assistance to health care professional organizations to

encourage and facilitate continuing medical education training programs

for their members regarding appropriate prescribing practices for the

best patient care and the risks associated with overprescribing and

underprescribing pain medication;

(c) Provide information to the commissioner for use in the development

and continued update of the public awareness campaign, including

information, resources, and active web links that should be included on

the website; and

(d) Consider other issues deemed relevant by the commissioner,

including how to protect and promote the access of patients with a

legitimate need for controlled substances, particularly medications

needed for pain management by oncology patients, and whether and how to

encourage or require the use or substitution of opioid drugs that employ

tamper-resistance technology as a mechanism for reducing abuse and

diversion of opioid drugs.

5. On or before September first, two thousand twelve, the

commissioner, in consultation with the commissioner of the office of

alcoholism and substance abuse services, the commissioner of education,

and the executive secretary of the state board of pharmacy, shall add to

the workgroup such additional members as appropriate so that the

workgroup may provide guidance in furtherance of the implementation of

the I-STOP act. For such purposes, the workgroup shall include but not

be limited to consumer advisory organizations, health care practitioners

and providers, oncologists, addiction treatment providers, practitioners

with experience in pain management, pharmacists and pharmacies, and

representatives of law enforcement agencies.

6. The commissioner shall report to the governor, the temporary

president of the senate and the speaker of the assembly no later than

March first, two thousand thirteen, and annually thereafter, on the work

group's findings. The report shall include information on opioid

overdose deaths, emergency room utilization for the treatment of opioid

overdose, the utilization of pre-hospital addiction services and

recommendations to reduce opioid addiction and the consequences thereof.