Too many patients in New York State suffer needlessly from debilitating chronic and acute pain, because of inadequate treatment of pain. Many health care professionals are unaware of new treatment resources. Some are unwilling to use available resources because they fear that they will be subject to prosecution or professional discipline.

Assembly bill A.10407, would require professional education in palliative care and pain management for appropriate health care professionals. It would also protect health care professionals from criminal liability and professional discipline for prescribing and administering pain medication, when they act within accepted professional standards. At this hearing, the Health Committee is seeking testimony from health care professionals, educators, other experts, and persons or families with experience with pain management. Another hearing on the legislation will be held in late January, 2005, in Albany, NY. Among the issues to be considered are effectiveness and adequacy of pain management in New York.

• Factors affecting the effectiveness and adequacy of pain management.
• Adequacy of pain management education, in school and post-licensure, for physicians and other health care professionals.
• Establishing and designating appropriate professional guidelines for pain management.
• Perceived and actual exposure to criminal liability or professional discipline for health care professionals relating to pain management, and their effect on pain management practice.
• Effect of programs, such as JCAHO rules and recent state legislation on controlled substances, on promoting appropriate pain management.
• Experience in other states.
• Comments on the specific provisions of Assembly bill A.10407, including suggestions for change and alternatives.

Persons wishing to attend or present testimony at this hearing should complete and return the reply form as soon as possible, but no later than Thursday, October 28, 2004. It is important that the form be fully completed and returned so that persons may be notified in the event of emergency postponement or cancellation of the hearing.

Oral testimony will be limited to ten minutes in length. All testimony is under oath. In preparing the order of witnesses, the Committee will attempt to accommodate individual requests to speak at particular times in view of special circumstances. This request should be made on the attached reply form or communicated to Committee staff as soon as possible. Ten copies of any prepared statement should be submitted at the hearing registration table.

In order to meet the needs of those who may have a disability, the New York State Assembly, in accordance with its policy of non-discrimination on the basis of disability, as well as the Americans with Disabilities Act (ADA), has made its facilities and services available to all individuals with disabilities. For individuals with disabilities, accommodations will be provided, upon reasonable request, to afford such individuals access and admission to Assembly facilities and activities.

Questions about this hearing may be directed to Shay Bergin of the Assembly Health Committee staff at 518-455-4941 or BerginS@assembly.state.ny.us.

PAIN MANAGEMENT LEGISLATION HEARING
REPLY FORM-PLEASE RESPOND BY THURSDAY, OCTOBER 28, 2004

Mail to:        Assembly Health Committee , Rm. 822 Leg. Office Bldg., Albany, NY, 12248
Or fax to:    518-455-5939