65.000 DRUG ABUSE

65.974             MSSNY Opposition to the Legalization of Non-prescription Drugs

The Medical Society of the State of New York support the state laws stating that illegal drugs remain illegal in terms of their production, trafficking, and sale, thereby upholding strict control and law enforcement efforts against suppliers. MSSNY support legislation stating that individuals found in possession of illegal drugs for personal use will not face criminal charges but will be encouraged to enter treatment, counseling, or appropriate support programs aimed at recovery and rehabilitation. MSSNY support the decriminalization of possession of illegal drugs for personal use while encouraging referral for treatment to foster a more supportive and effective response to drug addiction, improving public health outcomes while upholding the prohibition of drug trafficking and sale (HOD 2024-160, referred to Council; substitute adopted 11/21/24)

65.975             MSSNY Supports Efforts to Fund Overdose Prevention Sites

The Medical Society of the State of New York supports legislation or regulation that would fund overdose prevention sites.

A copy of this resolution be transmitted to the American Medical Association for consideration at its House of Delegates. (HOD 2024 – 163)

65.976             AMA to Analyze Benefits/Harms of Legalization of Marijuana

MSSNY will forward to the AMA a request for it to review pertinent data from States that have legalized marijuana. (HOD 2019- 174 and 175) 

65.977             Benzodiazepine and Opioid Warning

The Medical Society of the State of New York will raise the awareness of its members about the increased use of illicit sedative/opioid combinations leading to addiction and overdose death.  The Medical Society of the State of New York bring this resolution to the House of Delegates of the American Medical Association so that it may warn members and patients about this public health problem.  (HOD 2019-163) 

65.978             Workforce Development for Addiction Treatment by Physicians

The Medical Society of the State of New York supports the use of State funding to establish and support addiction medicine fellowships in New York State.  (HOD 2018-107)

65.979             Substance Use Disorders (SUD) Medical Treatment Requirement

The Medical Society of the State of New York will encourage all licensed drug treatment programs to offer treatment for Substance Use Disorders and that staff employed at these facilities be trained in the referral and provision of Medicated Assisted Treatment (MAT).  (HOD 2018-160)

65.980             Overdose Prevention Sites (OPS)

The Medical Society of the State of New York supports expansion of overdose prevention sites throughout New York State. The Medical Society supports a publicly disclosed report of outcomes and should provide screening, support, and referral for treatment of substance use disorders, co-occurring medical and psychiatric conditions, and provide education on harm reduction strategies including, but not limited to, Naloxone training. (HOD 2018-154; Reaffirmed in lieu of HOD 2020-152; Amended HOD 2024 in lieu of 164)

65.981             Supervised Injection Facilities

MSSNY will forward a resolution to the A-17 AMA meeting requesting a comprehensive study of Supervised Injection Facilities in the United States.  (HOD 2017-160)

65.982             Treatment of Opioid Overdoses in the Emergency Department

The Medical Society of the State of New York strongly encourages all physicians and hospitals to advocate substance use treatment options, including buprenorphine, available to patients in treating addiction.  MSSNY encourages collaboration with multi stakeholders for integrated Medicated Assistance Treatment (MAT) for the management of addictions and physicians and other medical staff voluntarily become certified to prescribe buprenorphine.  (HOD 2017-159)

65.983             Medication Assisted Therapy

The Medical Society of the State of New York supports legislation/regulation which will allow access to Medication Assisted Therapy and psychosocial strategies for substance use disorders and that insurance companies be required to provide coverage for these programs including in the primary care physician, non-psychiatric, non-addiction specialist setting. (Adopted Council, June 2, 2016; Reaffirmed in lieu of HOD 2020-160)

65.984            Kratom and Its Growing Use within the United States

The Medical Society of the State of New York supports legislative or regulatory efforts which will prohibit the sale or distribution of Kratom in New York State but also do not inhibit proper scientific research.

This resolution will be transmitted to the American Medical Association.  (HOD 2016-156)

65.985          MSSNY Opposes Recreational Marijuana Legalization

The Medical Society of the State of New York opposes recreational marijuana legalization. (HOD 2015-166; Reaffirmed HOD 2019 in lieu of res 173) 

65.986          Treatment Rather than Arrest for Marijuana Possession

The Medical Society of the State of New York supports promotion of drug treatment to those arrested or fined for marijuana related offenses and encourages communities to develop programs that emphasize drug treatment and rehabilitation rather than criminalization of marijuana. (HOD 2015-165; HOD reaffirmed in lieu of 2017-152; Reaffirmed HOD 2019 in lieu of res 173)

65.987            Increasing Access to Care for Patients with Opioid Use Disorders

SUNSET HOD 2025

65.988             Availability of Treatment Slots for Substance Abusers

The Medical Society of the State of New York supports efforts to increase the number of substance use treatment slots available to meet the need. (HOD 2014-114; Modified and reaffirmed HOD 2024)

65.989             Driving While Intoxicated, Impaired or Distracted by All Substances

The Medical Society of the State of New York will advocate to ensure that when the ability to drive is impaired by recreational intake of drugs which are not listed as controlled substances under New York’s Public Health Law, those persons are still subject to penalties under New York law which prohibits driving while intoxicated or driving while ability impaired.  The Medical Society of the State of New York will continue to support programs that educate the public on the dangers of driving while intoxicated, or impaired. (HOD 2014-62; Reaffirmed HOD 2024)

65.990             Use of Naxolone to Prevent Drug Overdoses

MSSNY supports the use of intra-nasal Naloxone in the treatment of drug overdoses.  (Council 3/10/2014; Modified and reaffirmed HOD 2024)

65.991             Recommendations to Address the Prescription Drug Abuse  and Diversion Issue

The Medical Society of the State of New York adopted the following consensus statement concerning prescription drug abuse and diversion:

The Medical Society of the State of New York believes that any solution to the abuse of prescription drug problem must be multipronged.

This approach includes increased law enforcement efforts to prevent and punish inappropriate diversion of prescription medications.  It includes the need for increased accessibility of treatment for patients suffering addictions so as to reduce the likelihood of inappropriate diversion of prescribed medications.  It includes use of the Prescription Monitoring Program (PMP) maintained by the New York State Health Department on all controlled substance prescriptions.  And it includes the need for additional resources for associations representing prescribers so that they can educate their members about the prescribers’ obligations under the law to check the database.

The Medical Society of the State of New York supports:

E-Prescribing of Controlled Substances

• The Medical Society continues to support the implementation of E-prescribing for all controlled substances.
• The Medical Society supports the implementation of connecting the PMP to a prescribers’ electronic medical record system.

Improving the PMP Database

• The Medical Society of the State of New York supports physicians having access to the PMP for ANY controlled medication prescriptions as far back as database will allow.
• The Medical Society supports allowing a physician’s designee to have access to the PMP. The Medical Society continues to support authorizing pharmacists to have access to the existing PMP database which would better enable pharmacists to provide relevant information to the prescribing physician.
• The Medical Society supports the use of improved technology to allow easier usage of the PMP.

Physician Access to PMP and Physician Education

• MSSNY supports the principle that if a physician believes a patient is attempting to access a prescription for any reason other than treatment of an existing medical condition such physician has the obligation to decline to write the prescription or check the current data base before a script is written or submitted electronically.
• The Medical Society supports regulatory guidance with the input of appropriate physician organizations to treat acute pain and for chronic pain management care. Such guidance may include information relative to the clinical conditions which would indicate physician recourse to the PMP database.
• The Medical Society supports voluntary education programs for providers on pain management, substance abuse and dependence, diversion.

Patient Education

• The Medical Society believes it is imperative that NYS educate the public regarding the dangers of prescription misuse and diversion and the requirement to inform all prescribers of any controlled drugs they are taking.

Prevention Methods

• The Medical Society supports data sharing of information through the PMP with other states.
• The Medical Society of the State of New York supports drug take-back programs for all prescriptions.

Additionally, the Medical Society of the State of New York opposes any legislation requiring physicians to do patient background checking prior to prescribing controlled substances.

(HOD 2012-161 and 162; Amended and reaffirmed HOD 2022)

65.992             Preventing Overdose Deaths – Community-based Naloxone Programs:  

MSSNY and its respective specialty societies will continue to work with the New York State Department of Health to reduce overdose deaths and to expand Naloxone programs as part of its comprehensive overdose prevention programs.  (HOD 2011-155; Reaffirmed HOD 2021)

65.993             Preventing Overdose Deaths – “911 Good Samaritan”:

MSSNY supports the “911 Good Samaritan” law that provides immunity from arrest, charge, prosecution and conviction for drug and drug paraphernalia possession and for certain alcohol-related offenses for individuals or victims of a health-related emergency which resulted due to consumption or use of a controlled substance or alcohol and who have contacted 911 in good faith to receive emergency medical treatment for themselves or another individual.  (HOD 2011-154; Amended and reaffirmed HOD 2021)

65.994             Dextromethorphan Abuse in Adolescents:

MSSNY supports policy that dextromethorphan-containing products be placed behind pharmacy counters to prevent abuse in adolescents.  (HOD 2007-150; Modified and Reaffirmed HOD 2017)

65.995          Opioid Dependent Patients: Changes in Treatment Venue of Stable Patients:

MSSNY supports efforts to permit properly trained and qualified practicing physicians to engage in the independent treatment of opioid dependent patients. (Council 9/7/00; Modified and reaffirmed HOD 2014; Modified and reaffirmed HOD 2024)

65.996          Marijuana Alert 2000:  SUNSET HOD 2014

65.997          Hypodermic Needle and Syringe Exchange Program: SUNSET HOD 2014

65.998          Drug Dependency as a Clinical Illness:

It is the policy of MSSNY that drug dependency should be treated as a clinical illness.  (HOD 1998-90; Reaffirmed Council 9/11/03; Reaffirmed HOD 2013; reaffirmed HOD 2023)

65.999          Testing in the Work Place for Drug and Alcohol Abuse:

MSSNY recognizes the right of employers to require drug and alcohol testing within certain limitations, as follows:  (1)  Drug and alcohol testing of applicants for employment in order to prevent drug and alcohol abusers from entering the work place.  Patients taking medication which artificially triggers a positive test should have due process to be retested to exclude illegal drug or alcohol.  (2) Drug and alcohol testing of employees for cause, provided that such testing is done under qualified medical supervision and that economic and other assistance is given in the rehabilitative process.  (3) Random drug and alcohol testing of employees whose jobs may have an impact on public safety, under conditions as in number 2 above. (4) Drug and alcohol tests must be performed by New York State certified laboratories where adequate quality control processes are in effect and where a full chain of custody procedure is maintained on each specimen.  In addition, each positive test result must be confirmed by means of gas chromatography/mass spectrometry or an equally accurate test. (5) Confidentiality must be maintained at all stages of the process.  (6) Drug testing is appropriate when implemented in conjunction with a program for rehabilitation and treatment of employees who are psychologically or physically dependent.  (Council 12/21/89; Reaffirmed HOD 2014; Reaffirmed HOD 2024)