NY Pub Health L § 3309-A (2021)
2021 New York Laws PBH - Public Health Article 33 - Controlled Substances Title 1 - General Provisions 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.