New York - AB2230

To amend the public health law, in relation to pain management

Introduced

January 15, 2015

Description

A  health  care practitioner shall not be subject to professional discipline or criminal liability for ordering, prescribing, administering  or dispensing  pain-relieving  medications  or  other  treatments  for  the purpose of alleviating or controlling pain when  practicing  within  the health  care  practitioner's  lawful scope of practice and in accordance with the reasonable standard of care of the health care  practitioner's profession, including an accepted guideline.

"Accepted guideline" means a peer reviewed clinical practice guideline for pain management developed, as applicable, by a nationally-recognized health care professional or specialty association, or a nationally-recognized pain management association.

Nothing in this article shall prohibit professional discipline or criminal prosecution of a health care practitioner for failure to comply with applicable state or federal law, including medical record keeping; homicide or promoting, assisting, causing or aiding suicide under the penal law; or unlawful prescribing; or unlawful diversion.

Nothing in this article shall prohibit professional discipline of a health care practitioner for failure to adequately prescribe, order, administer or dispense pain-relieving medications or other treatments for the relief of pain in accordance with the reasonable standard of care of the health care practitioner's profession, including an accepted guideline.

This article shall apply to the treatment of all patients with pain, including dying patients, patients with acute pain and patients with chronic pain, regardless of the patient's prior or current chemical dependency or addiction; provided that a reasonable standard of care of the health care practitioner's profession, including accepted guidelines, may make special provisions relating to prior or current chemical dependency or addiction.

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