Sen. Kirsten Gillibrand, D-N.Y., is pushing legislation, despite pushback from some doctors, to limit opioid prescriptions, a move that could help her woo primary voters in overdose-stricken New Hampshire.

The John S. McCain Opioid Addiction and Prevention Act, which she touted in a joint announcement with Sen. Cory Gardner, R-Colo., aims to combat the opioid crisis by limiting initial opioid prescriptions for acute pain, such as a wisdom tooth removal or broken bone, to seven days. The late Sen. John McCain previously led on the legislation.

Several states, including New Hampshire, have similar limits on opioid prescriptions for initial acute pain or in emergency situations.

Gillibrand’s bill, which would federalize the limits, may position her to stand out against a crowded field of 2020 Democratic presidential candidates in the New Hampshire primary. The Granite State had the second-highest rate of opioid-related overdose deaths in 2016, according to the National Institutes of Health.

“I think she’s trying to tap into an issue that may not be a barn burner issue nationally,” Democratic strategist Brad Bannon told the Washington Examiner, but one that is very important to people on the local level . “My feeling is that it would be pretty popular.”

A University of New Hampshire poll from February 2018 found that 51 percent of the state’s residents thought that drug abuse was the most important problem facing the state.

"The opioid problem and the addiction issue here in New Hampshire will probably be No. 1 other than who can beat Donald Trump," Neil Levesque, executive director of New Hampshire Institute of Politics, told Fox News in January. "When candidates come into New Hampshire and they're looking for votes in the first in the nation primary state, this could be an issue that could show focus in the 2020 presidential campaign."

Gillibrand is taking heat for her bill, however. Doctors oppose the measure.

The American Medical Association passed a resolution last year suggesting it opposes a seven-day limit on opioid legislation, though it has not specifically addressed Gillibrand’s bill.

“Our AMA affirms that some patients with acute or chronic pain can benefit from taking opioid pain medications at doses greater than generally recommended in the CDC Guideline for Prescribing Opioids for Chronic Pain and that such care may be medically necessary and appropriate,” the resolution said.

Commentators on Twitter on Tuesday and Wednesday pounced on a March 15 Gillibrand tweet promoting the legislation that said “no one needs a month’s supply for a wisdom tooth extraction.” It had over 14,000 responses as of Wednesday afternoon.



If we want to end the opioid epidemic, we must work to address the root causes of abuse. That’s why @SenCoryGardner and I introduced legislation to limit opioid prescriptions for acute pain to 7 days. Because no one needs a month’s supply for a wisdom tooth extraction. — Sen. Kirsten Gillibrand (@gillibrandny) March 15, 2019

“It makes it harder for doctors to adequately treat patients' pain and hugely inconveniences patients,” one doctor said.

Gillibrand’s press release noted that the legislation “would not apply to the treatment of chronic pain; pain being treated as part of cancer care, hospice care, or other end-of-life care; or pain treated as part of palliative care.”

The Centers for Disease Control and Prevention released guidelines last year on prescribing opioids for chronic pain, saying that “more than seven days will rarely be needed” for acute pain treatment.

Other medical groups support limits on opioid prescriptions. The National Association of Chain Drug Stores, or NACDS, endorsed Gillibrand’s legislation.

The Pharmaceutical Research and Manufacturers of America also said it supports limiting the supply of first-time acute pain opioid prescriptions as long as there are exceptions for cancer-related pain and other instances.

Gillibrand’s Senate campaign received a few contributions from PACs and employees of pharmaceutical companies that market opioids.

The employees and PAC of Purdue Pharma, which markets Oxycontin, gave Gillibrand’s Senate campaign $500 in 2010 and $2,400 in 2012, according to OpenSecrets. The PAC for Johnson & Johnson, which is battling a legal challenge that called it a “ kingpin” in the opioid crisis, gave Gillibrand $11,000 combined in 2018, 2012, and 2010.

A spokesperson for Purdue Pharma told the Examiner that the company generally supports medically appropriate limits on initial opioid prescriptions.

Gillibrand’s Senate office and presidential campaign did not respond to requests for comment.

