(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.
Structure New York Laws